What states have mandatory ID check? - Page 3
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Thread: What states have mandatory ID check?

  1. #21
    Quote Originally Posted by armyman_83 View Post
    I love Alabama because we we don't have a duty to inform, nor do we have a duty to show ID (unless you are driving) except In Accordance With:

    Section 15-5-30 (Code of Alabama)


    This answered a question I had. Thanks
    I fear a government that fears my gun.

  2.   
  3. #22
    Hey I also was with the Dallas PD during the 70's and I know at least back then if an officer had probable cause and asked for ID and you refused off to jail you went, so you could be identified. Not sure what the law is now but if I am asked I have no problem producing ID to include mt CHL. The state of Texas now allows carry in your car if the gun is cancelled and you are not a criminal under the old traveling part of the UCA law (the legislature finally defined traveling as being in a privately owned vehicle) and no requirement to advise an officer that you are armed when stopped. But of course good practice would have to advise so things don't get out of hand if the officer sees the gun.

  4. UTAH Law: short version.

    LEO would need probable/reasonable cause to stop and ask you to identify yourself.
    Paper ID only required if involved with an activity needing a license (driving or hunting).

    Firearm related:
    You do not have to inform if carrying or tell them you have a CFP. (if they ask if you have a firearm during a lawful stop, you do need to answer truthfully)
    You do not have to have your CFP permit on your person while Carrying. (they can call in to check it if they have a legitimate reason.)
    Open Carry is legal in UT and OCing (alone) is not a legitimate reason for them to stop or detain you.

    Word Up: It is good to be well versed in Utah Firearm Laws because some LEOs are not familiar with the laws or your rights and will sometimes try to enforce their Opinion.
    -----
    Some one mentioned: What if you are an Illegal alien?
    I'm sure this comes from the misconception of the Arizona Law SB 1070.
    the only people required to HAVE PAPERS With Them at all times, are those foreign nationals that are legally here on a Visa, Passport etc.
    This is because, if they are legally stopped (reasonable cause) A foreign National would have a difficult time identifying themselves to LEOs by giving them a name and DOB as a citizen would.
    The Requirement that Foreign Nationals Carry their ID Papers is a Federal Law and required in all 50 states.
    Looking foreign or illegal is not a reason to stop and ask for ID not in any State of the union, including AZ.
    Last edited by Rusty_Shackleford; 11-18-2010 at 08:52 AM. Reason: add info

  5. Short answer - No State in the Union requires a citizen to carry identification papers at all times, and no State requires State issued identification when not performing a licensed activity.

    Slightly longer answer - Several state specify a person must identify himself when demanded by law enforcement, however, as no state requires identification must be carried, identifying oneself verbally has been deemed sufficient by the Supreme Court.

    iRefusal to identify is an offense in a small portion of States, but most States do not criminalize the act of being non-cooperative.

    Texas has Sec. 38.02. FAILURE TO IDENTIFY
    HTTP://www.statutes.legis.state.tx.u...E.38.htm#38.02 Which only applies if one has been lawfully arrested or detained.

    MONTANA
    HTTP://data.opi.mt.gov/bills/mca/46/5/46-5-401.htm
    46-5-401. Investigative stop and frisk.
    ...
    (2) A peace officer who has lawfully stopped a person or vehicle under this section may:
    (a) request the person's name and present address and an explanation of the person's actions and, if the person is the driver of a vehicle, demand the person's driver's license and the vehicle's registration and proof of insurance; and

    INDIANA
    HTTP://www.in.gov/legislative/ic/cod.../ar28/ch5.HTML
    IC 34-28-5-3 Detention
    Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
    (1) inform the person of the allegation;
    (2) obtain the person's:
    (A) name, address, and date of birth; or
    (B) driver's license, if in the person's possession; and
    (3) allow the person to execute a notice to appear.
    As added by P.L.1-1998, SEC.24.

    IC 34-28-5-3.5 Refusal to identify self
    Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
    (1) name, address, and date of birth; or
    (2) driver's license, if in the person's possession; to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.

    ((A good reason to leave one's license in the car in Indiana ))


    COLORADO
    16-3-103. Stopping of suspect.
    HTTP://www.loislaw.com/livepublish89...&cite=16-3-103

    (1) A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. A peace officer shall not require any person who is stopped pursuant to this section to produce or divulge such person's social security number. The stopping shall not constitute an arrest.

    (The above list is part of an ongoing project and not necessarily all-inclusive.)

  6. #25
    Join Date
    Jan 2011
    Location
    Greenville, MS
    Posts
    64

    Must Inform Officer: Yes or No

    Handgunlaw.us

    This US Map is hot-linked to the state Information and reciprocity maps for each of the states in the United States and its possessions. Simply click on the states abbreviation on the map to view that state's information page.

    Top middle of each states page tells you if you must inform officer or not. On the right are links to each state statutes, read them for your self. Trust answers on forums but verify for yourself.

    Chap

  7. #26
    Regardless of the law, you have the RIGHT to not answer any questions. It's called the 5th amendment. And asserting yours rights is not RAS.

  8. #27
    Join Date
    May 2010
    Location
    McAlester, Oklahoma
    Posts
    408
    Quote Originally Posted by Libra8 View Post
    Regardless of the law, you have the RIGHT to not answer any questions. It's called the 5th amendment. And asserting yours rights is not RAS.
    The Fifth Amendment says you have the right not to answer question that may incriminate you.

    If you have a concealed carry permit and the state law of the state that issues the permit requires you to notify a LEO that you are carrying a firearm, you must do so or be in violation of that law. By that violation, you could lose your permit.

    Nothing involved in the notification involves self incrimination.

  9. In MN we are required to inform 'upon request'. The onus is on the officer to ask if you are carrying firearms, if they do not ask, you cannot be penalized for failing to inform.

    Source State of MN website.

    Permit to Carry Frequently Asked Questions

    Do I have to disclose to a peace officer that I am a permit holder and carrying a firearm?
    Yes, upon request of a peace officer, a permit holder must disclose to the officer whether or not the permit holder is currently carrying a firearm.

  10. In Kansas we only have to tell the officer we are armed if they ask.

  11. #30
    you've got it right, army: a mandate to carry/present I.D. is essentially a PERMIT to be in public. i.e. you're not permitted to be in public without it

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