DEER PARK, Texas — State Representative Briscoe Cain (Deer Park), Chairman of the House Select Committee on Driver’s License Issuance and Renewal, sent a formal request seeking Texas Attorney General Ken Paxton’s legal opinion on how the Governor’s executive order extending the expiration date of a Texas driver’s license that expired on or after March 13, 2020 affects a federally licensed firearm dealer in the transfer/sale of a firearm to a Texas resident who attempts to use a Texas driver’s license that expired on or after March 13, 2020 in order to purchase a firearm.
“I have 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, 2020. 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,” said State Representative Briscoe Cain.
“Sellers must provide the identification document’s expiration date, if any, in order to properly complete the form. But, because driver licenses (and Texas identification cards, commercial DLs, and election identification certificates) that expired on or after March 13, 2020 have been extended for 60 days after DPS provides further public notice that normal Driver License operations have resumed, there is currently no exact date on which an identification document that fits this criteria expires. This is a problem—one that affects firearm merchants and more importantly prevents many Texans from exercising their constitutional right to purchase firearms,” continued Representative Cain.
In his formal request for an opinion:
State Representative Briscoe Cain asked Texas Attorney General Ken Paxton, “How can a Texan whose only form of government issued identification containing their name, date of birth, and photograph is a driver license that expired on or after March 13, 2020, purchase a firearm from a seller required to use ATF form 4473?”
Representative Cain also asked that Texas Attorney General Ken Paxton give an opinion on what if anything the State of Texas can do to cure the issues presented in the request.
Representative Cain also requested an expedited response as this is an issue that prevents many Texans from exercising a constitutional right.