Originally Posted by mwarshe
I recently wanted to look at a shotgun at Dicks in PA and the clerk asked me for ID. I produced my PA state license to carry picture ID and was denied. After asking to see a manager, they agreed to let me look but not buy with this ID.
The ATF form 4437 only requires a valid government issued ID and I believe that the state issued picture license to carry is a valid form of ID.
From the ATF's publication (Federal Firearms Reference Guide 2005):
(D5) Is a Social Security card a
proper means of identification for
purchasing a firearm from an FFL?
No. A Social Security card, alien
registration card, or military identification
alone does not contain sufficient
information to identify a firearms purchaser.
However, a purchaser may
be identified by any combination of
government-issued documents which
together establish all of the required
information: Name, residence address,
date of birth, and photograph
of the holder.
27 CFR 478.11
Identification document. A document
containing the name, residence address,
date of birth, and photograph of
the holder and which was 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
18 Pa CSA 6111 Sale or Transfer of Firearms
(b) Duty of Seller
(2) Inspected photoidentification of the potential purchaser or transferee, including, but not limited to, a driver's license, official Pennsylvania photoidentification card or official government photoidentification card. In the case of a potential buyer or transferee who is a member of a recognized religious sect or community whose tenets forbid or discourage the taking of photographs of members of that sect or community, a seller shall accept a valid-without-photo driver's license or a combination of documents, as prescribed by the Pennsylvania State Police, containing the applicant's name, address, date of birth and the signature of the applicant.
IMO the LTCF should suffice by both Federal and state requirements. However and unfortunately, the vast majority of transactions involve the DL and, as such, it has become a de facto standard (requirement) - not by law but repeated business experience.
Certainly you could successfuly argue an LTCF is compliant in a legal proceeding and you could make a good case with a business but, because you are dealing with a private entity, they can set the policy of their choice even when its done from ignorance.
You could also seek a written clarification from the AG and ATF which, if obtained, would have more sway in getting a FFL's business policy changed.