Author Topic: First purchase in Texas and I get delayed  (Read 750 times)

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Offline JeepFiend

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Re: First purchase in Texas and I get delayed
« Reply #20 on: April 20, 2017, 06:30:45 PM »
Let me just note that I'm more irritated with Academy than NICS in this matter.  According to the Brady Act:

"The Brady Act incorporates the definition of an "identification document" provided by 18 U.S.C.
1028(d)(2), which is set forth in relevant part as follows:
[A] document made or issued by or under the authority of the United States
Government, a State, political subdivision of a State, a foreign government,
political subdivision of a foreign government, an international governmental or
an international
quasi-governmental organization which, when completed with information
concerning
a particular individual, is of a type intended or commonly accepted for the
purpose of identification of individuals.
ATF regulations further require that the identification document must contain the name,
residence address, date of birth, and photograph of the holder....

...Thus, for example, a licensee may accept a valid driver's license that accurately reflects the
purchaser's name, date of birth, and photograph, along with a vehicle registration issued by the
State indicating the transferee's current address.
27 CFR 178.11."

I get that they didn't want to take an out of state ID, but as I mentioned, I also brought a U.S. Passport Card, which is federal ID.  I offered it to the guy at Academy when they wouldn't take my CA DL, but he said it wasn't necessary.  In CA I always had to have my DL for identity and registration for proof of address (CA doesn't require a reprint of a DL upon change of address, just an update to their database).  I've never been so much as delayed before, much less denied (aside from the fact that CA has a 10 day wait anyway).  So if this comes down to Academy personnel making errors in the face of me trying to provide current and acceptable documentation, I'm gonna be pretty chapped.  We'll see when I get the reason for the denial from the appeal.


Offline TXAZ

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Re: First purchase in Texas and I get delayed
« Reply #21 on: April 20, 2017, 08:17:00 PM »
One of the problems of trying to take a Passport, and in this case match the address on it, is that Passports have a place for the holder to write the address "in pencil". 
Everything may add up legally, but there are so many what-if's that alot of retailers don't want to get into gray areas.

Offline JeepFiend

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Re: First purchase in Texas and I get delayed
« Reply #22 on: April 20, 2017, 08:59:33 PM »
Not on a passport card.  It's just like any other id...plastic with holograms, so you're not scratching anything in with pen or pencil.   Plus, there is no address anywhere, just Surname, Given Name, Sex, DOB, POB, Passport #, Issue Date, Expire Date, and a photo.  So that and a local state registration should, by all rights, be legal anywhere in the U.S.  The Reg alone has no photo or DOB, so that violates the Brady Act.

Now, whether or not this stuff just gets put on the 4473 or goes to the NICS I don't really know.  I do know after looking up a DUI I had in Miami many years ago, that there is a guy with the same name, different race, different age, with multiple felonies, so could be mistaken identity.  It's never been an issue before, but CA is a also a POC, so the NICS doesn't make the final call.  I wouldn't suspect that to be the issue, but I trust the government about as far as I can throw them, so there's that.


Offline Tarosean

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Re: First purchase in Texas and I get delayed
« Reply #23 on: April 20, 2017, 09:50:40 PM »
Quote
So ... we should accept vehicle registration as identification for long gun purchases? 

The man/woman stated they used their CA drivers liscense + registration.

No I would not personally sell them a gun. But laws governing us, as individuals, are differing from FFL's

Offline JohnnyDollar

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Re: First purchase in Texas and I get delayed
« Reply #24 on: April 21, 2017, 05:47:03 AM »
Quote
So ... we should accept vehicle registration as identification for long gun purchases? 

The man/woman stated they used their CA drivers liscense + registration.

No I would not personally sell them a gun. But laws governing us, as individuals, are differing from FFL's
Academy refused the CA Drivers License - that falls on them.
The application was probably denied correctly since Academy did not submit all the required items.
But I imagine most of us have had experiences of dealing with the people working at Academy. :)

OTOH, the OP has less than 30 days remaining to change to a Texas DL to be in compliance with the law.
Application for Texas DL needs to be completed within 90 days and all of this would probably have been avoided.
In Texas, "He needed killin' " is a defense to prosecution.

Offline Alte Schule

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Re: First purchase in Texas and I get delayed
« Reply #25 on: April 21, 2017, 07:52:01 AM »
A few years ago I bought a .17 HMR BA rifle at Academy as an X-mas present for a family member. Store policy (I guess) required the employee to carry the firearm out of the store TO MY CAR. Felt like an idiot walking with him. Every one staring at me like I was caught thieving or something. 
This gun is liberty; hold for certain that the day when you no more have it, you will be returned to slavery.
Toussaint Louverture

Offline JeepFiend

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Re: First purchase in Texas and I get delayed
« Reply #26 on: April 21, 2017, 08:09:43 AM »

OTOH, the OP has less than 30 days remaining to change to a Texas DL to be in compliance with the law.
Application for Texas DL needs to be completed within 90 days and all of this would probably have been avoided.

yep, taking the day off on Monday to wrap up the last few things like TxDL, Dog licenses, etc.

Have to say, so far that's the only thing I like about CA better, DMV does registration and license, and they're open on rotating Saturdays.

Offline Tarosean

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Re: First purchase in Texas and I get delayed
« Reply #27 on: April 21, 2017, 08:27:02 AM »
Quote
Have to say, so far that's the only thing I like about CA better, DMV does registration and license,

The bright side is you won't have to go to the DMV again for 12yrs. So it won't be that bad.

Offline JohnnyDollar

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Re: First purchase in Texas and I get delayed
« Reply #28 on: April 21, 2017, 09:00:46 AM »
Quote
Have to say, so far that's the only thing I like about CA better, DMV does registration and license,

The bright side is you won't have to go to the DMV again for 12yrs. So it won't be that bad.
I thought by state law,
people coming from California were required to go annually for the first 5yrs so we can see what they are up to....
In Texas, "He needed killin' " is a defense to prosecution.