AUSTIN – If a person’s driver’s license expired on or after March 13, the license isn’t technically expired, according to Attorney General Ken Paxton. However, whether that person can lawfully buy a gun is still up to the federal government apparently.
On April 14, Texas Rep. Briscoe Cain requested an AG opinion on how Gov. Greg Abbott’s executive order extending the expiration date of a Texas driver’s license affects federally licensed firearm dealers in the sale of guns to Texas residents using a driver’s license that expired on or after March 13.
On May 7, Paxton and his office concluded a Texas driver's license that lists an expiration date of March 13 or later is not expired under the governor's suspension of laws and related DPS guidance until 60 days after the DPS provides further public notice that normal driver's license operations have resumed.
So does that mean those people can still buy guns?
Here’s Paxton’s answer: “Treating the driver’s license as if it has no expiration date or adding a period of 60 days to the expiration date shown on the face of the driver’s license are not advisable solutions for purposes of the ATF Form 4473 required in a transfer of firearms.
“The federal Bureau of Alcohol, Tobacco, Firearms, and Explosives regulates and enforces federal laws regarding such transfers, and any guidance provided by this office on the issue is not binding on the ATF. We therefore leave it to the ATF to determine the appropriateness of any entry on ATF Form 4473.”
In his opinion request, Cain says he has heard from several Texas gun stores that are being prevented from selling firearms to Texas residents whose only form of government issued identification containing their name, date of birth, and photograph is driver license that expired on or since March 13.
“According to federal law, the seller/transferor must, in relevant part hereto, complete Section B of ATF Form 4473,” the request states. “Specifically, ‘after the transferee has executed ATF Form 4473, Firearm Transaction Record, the licensee shall verify the identity of the transferee by examining the identification document (as defined in [27 CFR] 478.11) presented and shall note on the Form 4473 the type of identification used.’
“The issue comes with the seller’s ability to comply with the requirements of Section B of ATF Form 4473. Specifically with Question 18.a., which requires the seller to record the expiration date of the government identification document.”
In response, Paxton answered that “we must ultimately leave it to the ATF to determine the appropriateness of any entry on ATF Form 4473.”