XPost: talk.politics.guns, alt.politics.trump, sac.politics   
   XPost: soc.retirement   
   From: david.fritz@vzw.com   
      
   NRA and CRPA attorneys recently received further clarification from the   
   Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) regarding the   
   use of non-REAL IDs when purchasing a firearm at a California licensed   
   firearms dealer. According to ATF, California licensed firearm dealers:   
      
   [M]ay accept post-January 22, 2018 licenses/identification documents that   
   meet the definition in 18 U.S.C. 1028(d) in fulfilling their requirements   
   under 18 U.S.C. 922(t)(1)(C) and 27 CFR 478.124(c)(3)(i).  However,   
   licensees may consider asking for additional documentation (e.g.,   
   passport) so that the transfer is not further delayed.   
      
   As a result, California residents who are issued non-REAL IDs after   
   January 22, 2018, by the California Department of Motor Vehicles (“DMV”)   
   may use their IDs for the purposes of purchasing a firearm, even if the ID   
   contains the language “FEDERAL LIMITS APPLY” on the front of the license   
   and states on the back of the license that “This card is not acceptable   
   for official federal purposes.”   
      
   Prior ATF Open Letter to Dealers Rescinded   
      
   ATF also informed NRA and CRPA attorneys that the letter issued in June of   
   2016 concerning “FEDERAL LIMITS APPLY” licenses, will be rescinded. A   
   recent review of the ATF website for the letter states “Page Not Found.”   
      
   Pursuant to AB 60, the California Department of Motor Vehicles (“DMV”) may   
   issue licenses and identification cards to individuals who cannot prove   
   legal status in the United States. The licenses and identification cards   
   issued pursuant to AB 60 stated “FEDERAL LIMITS APPLY” on the front of the   
   card making them distinguishable from licenses issued to U.S. citizens.   
      
   Federal law prohibits those who are illegally in the United States from   
   receiving and possessing firearms. In June 30, 2016, ATF sent a letter to   
   firearm dealers informing them they could not transfer firearms to   
   individuals using AB 60 licenses (licenses with “FEDERAL LIMITS APPLY” on   
   their front) due to the likelihood the individual was in the country   
   illegally and thus prohibited from receiving and possessing firearms.   
      
   Recently California started to implement the federal REAL ID Act, which   
   requires state-issued licenses and identification cards to meet federal   
   requirements for verification. AB 60 licenses do not meet these   
   requirements. On January 22,108, DMV started issuing licenses to people   
   who did not apply for or go through the process to acquire a REAL ID.   
   Unfortunately, after January 22, 2018, the licenses issued pursuant to AB   
   60 and those issued to Californians who didn’t apply for a REAL ID state   
   on their face “FEDERAL LIMITS APPLY,” and thus, according to the June 30,   
   2016 ATF letter, are unacceptable for firearm purchases.   
      
   Presumably this problem was corrected by DMV. ATF initially stated that   
   licenses issued pursuant to the AB 60 undocumented individuals differed   
   from those issued to U.S. citizens because on the back of the AB 60   
   licenses the license stated, “This card is not acceptable for official   
   federal purposes.” Thus, there would be a way to differentiate between   
   licenses issued pursuant to AB 60 and to U.S. citizens who did not apply   
   for a REAL ID license. Unfortunately, this information was incorrect as   
   both AB 60 licenses and the licenses issued to U.S. citizens stated, “This   
   card is not acceptable for official federal purposes” on the reverse side.   
      
   NRA and CRPA attorneys pointed this concern out to ATF soon after it was   
   discovered. ATF now realizes that they cannot avoid this problem as these   
   licenses with the same language on the front and back are sent out to U.S.   
   citizens and undocumented individuals alike. Thus, ATF’s position changed,   
   and they are withdrawing the June 30, 2016 letter concerning “FEDERAL   
   LIMITS APPLY.”   
      
   Lingering Concerns   
      
    Not all “FEDERAL LIMITS APPLY” licenses can be used to acquire firearms.   
   Licenses issued prior to January 22, 2018 with “FEDERAL LIMITS APPLY” on   
   them were likely issued to individuals who cannot show lawful citizenship   
   status. Firearm dealers are strongly advised to insist on an additional   
   form of identification before accepting a license issued before January   
   22, 2018 with “FEDERAL LIMITS APPLY” marker.   
      
   Licenses issued after January 22, 2018 that state “FEDERAL LIMITS APPLY”   
   may or may not have been issued to a person who is within the United   
   States illegally. If a firearm dealer has cause to believe the individual   
   using one of these licenses may be prohibited from possessing firearms, as   
   ATF suggests, the dealer may want to consider asking for additional   
   documentation.   
      
   Californians who want to make sure they have zero problems purchasing a   
   firearm in the future may want to consider applying for and acquiring a   
   REAL ID through the DMV. Remember these licenses can be used to board   
   airplanes, gain access to military bases, and other federal facilities in   
   2020. Californians will not be able to use their non-REAL IDs for these   
   purposes after 2020 and will be required to provide some other form of   
   identification.   
      
   California licensed firearm dealers should be aware, however, that the   
   California Department of Justice (“DOJ”) may nonetheless continue to hold   
   the position that any “FEDERAL LIMITS APPLY” licenses cannot be used for   
   the purposes of purchasing a firearm. That position is an unlawful   
   overreach because the question of lawful presence in the United States as   
   it relates to firearm purchases falls directly under ATF’s control. Under   
   California law, one only needs to provide “clear evidence of the person’s   
   identity and age” when attempting to acquire a firearm from a California   
   licensed dealer. “Clear evidence” is defined as a valid California   
   Driver’s License or Identification Card. Because both AB 60 licenses and   
   non-REAL IDs are considered valid California identification, regardless if   
   they satisfy federal requirements or not, both satisfy California’s   
   requirement of “clear evidence of the person’s identity and age.”  In   
   addition, ATF has informed NRA and CRPA attorneys that they will be   
   rescinding their previous policy prohibiting the use of such licenses.   
      
   https://www.nraila.org/articles/20180322/california-special-alert-update-   
   regarding-use-of-non-real-ids-for-firearm-purchases   
      
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