Actual Law on IDs
back to the original topic - this is the first I've heard of a requirement that an address be stated on more than one piece of ID. That may be what they'd like, but I don't think there's any legal basis for it (though I'd have to do some research to be sure). What is clear to me is that you have to have evidence of two separate facts: 1) that you are who you say you are (and a passport is good for that); and (2) that you are a resident of the state you claim to be a resident of (OL, fishing licence, lease, etc. showing place of actual residence). Those two facts do not have to be established by every piece of ID. The statute does require that any address stated on both must be identical. But it doesn't say that any address has to be stated on both, and the fact that a U.S. passport is an approved form would negate that assumption. By the way, the statute specifically lists passport, and the VSP doesn't have the authority to say a passport is not acceptable - doesn't matter what a passport was in 1989 or when the statute was enacted, Virginia law says a passport is acceptable. The Va. Sup. Ct. is fond of saying that the legislature is presumed to know what's in the code and if they wanted it to say something new and different, they've got the power to change it. The fact that they haven't amended the statute creates a presumption that the Commonwealth likes the law the way it is.
From my research there is no basis for such a denial or an insistence on both IDs having the same address.
This topic has come up a lot and is always going to be a problem as there are a lot of dealers who have never actually read the law.
The ATF requirements are easily met:
On
form 4473 question 20B allows for alternate documentation; instructions say a
“combination of government issued documents can be used” if the photo ID does not reflect the current address. http://149.101.29.141/forms/download/atf-f-4473-1.pdf
The Virginia State Police requirements are a little bit harder to follow as they reflect the statute and require a cross reference to the ATF ruling.
18.2-308.2:2. part B section G states: g) hunting or fishing license; other current
identification allowed as evidence of residency by Part 178.124 of Title 27 of the Code of
Federal Regulations and
ATF Ruling 2001-5;
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2C2
ATF Ruling 2001-5 states:
It is ATF's position
that a combination of documents may be used to satisfy the Brady Act's requirement
for an identification document. The prospective transferee must present at least
one valid document that meets the statutory definition of an identification
document; i.e., it must bear the transferee's name and photograph, it must have
been issued by a governmental entity, and it must be of a type intended or commonly
accepted for identification purposes. ATF recognizes,
however, that some valid
government-issued identification documents do not include the bearer's current
residence address. Such an identification document may be supplemented with
another valid government-issued document that contains the necessary information.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. Licensees should note
that if the law of the State that issued the driver's license provides that
the driver's license is invalid due to any reason (i.e., the license
is expired or is no longer valid due to an unreported change of address), then
the driver's license may not be used for identification purposes under the Brady
Act. If a licensee has reasonable cause to question the validity of an identification
document, he or she should not proceed with the transfer until those questions
can be resolved.
http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2001-5.html
So legally you are fine having a mailing address on your license and using other documents to verify address. I have used my driver’s license (with a mailing address) along with my CHP and a lease to purchase at a gun show before. The problem is that some dealers have never bothered to read the actual ATF instructions or perhaps they are too complicated for them to understand.:uhoh: So you might run into a dealer who will refuse to sell you a weapon. You can bring the
ATF ruling 2001-5 highlighted, and a copy of the
form 4473 instructions also highlighted and argue why they are in error; or you can just go to another dealer who has taken the time to learn the law.
