Recently, a dealer I represent contacted me with a question regarding an identification document that a customer was attempting to use to purchase a firearm.
In this case, the customer was presenting a driver’s license with a PO Box as the address coupled with a Commonwealth of Virginia Address Confidentiality Program (ACP) card.
The customer was under the belief that the FFL was required to accept the PO Box as their residential address based upon their participation in this program. The FFL, understanding that failing to comply with both Virginia State Police and ATF identification and residency requirements could impact their license, was understandably concerned and reached out for advice.
Let’s break the issue down.
First, this is a valid program in Virginia (many other states have their own version as well). Virginia’s version allows victims of domestic violence, stalking, and other crimes to protect their actual address from most forms of public disclosure.
The sample card pictured above represents what the actual cards look like when issued. Attorney General Miyares has a video introduction to the program available on YouTube.
In the video commentary, AG Miyares states the following (with the relevant sections bolded):
The ACP provides a legal substitute address, ensuring a survivor’s actual physical location is shielded from public records and inaccessible to their abuser. Participants in the ACP are assigned a confidential mailing address to use for all first-class mail, legal matters, and government interactions.
The Office of the Attorney General securely forwards mail to the participant’s actual address, preventing any direct connection to their new location. This protection extends to both adults and minors whose parent or guardian is enrolled in the program. Once enrolled, participants are responsible for notifying state and local agencies of their ACP status.
Government agencies are legally required to accept the ACP address as the participant’s official residential address. The certification lasts for three years, with the option to renew.
These assertions form the basis of the customer’s belief that the FFL should be required to accept the PO Box as their residential address.
But that alone does not mean the ACP address is valid for firearms purchases. We need to look deeper.
Next let’s look at the Form 4473 requirements under federal law. The Form 4473 require a non-PO Box address when purchasing a firearm. There are certain exceptions, and a variance may be requested under those circumstances. However, for reasons I will discuss later in the article, I do not believe those apply here.
Turning to the AG’s website for the program, we see even more relevant detail.
In the description on that site, they note that “Currently private businesses and federal agencies are not required to accept a participant’s substitute address.”
Perhaps most importantly, the code section that governs the ACP is § 2.2-515.2 which states in subsection F that:
Since state law does not authorize the use of the ACP address for the purchase of firearms, the variance opinion linked above would not authorize a variance.
Therefore, a person in the ACP program with a PO Box on their Virginia ID document is currently prohibited from purchasing from a dealer unless they have a separate qualifying identification document containing their actual physical address.
Those impacted by this issue should reach out to their state and local representatives and ask that legislation correcting this issue be introduced.
I have written twice over the last several weeks about how the new ATF approval process is benefitting trust applicants as well as individuals, but I still have clients who want to see concrete examples.
In a 6 to 3 decision, the Supreme Court has dealt yet another blow to the ATF’s rampant administrative overreach.
Today the United States District Court for the Northern District of Texas 
I had written about this in 
