What states have mandatory ID check? - Page 4
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Thread: What states have mandatory ID check?

  1. #31
    Join Date
    Oct 2011
    Location
    South Carolina
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    Quote Originally Posted by Rabbitcreekok View Post
    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.
    I know this is an old thread but maybe someone knows the answer I'm looking for, which is similar to the OP's question.

    I understand the 5th Amendment. What about the 4th? If I'm NOT carrying, but have a firearm legally in the glove box (which I'm not compelled by SC law to inform) do I have to show my ID to an officer that won't articulate why I'm being pulled over, or does articulate a reason that is not unlawful? Can I refuse to show ID if I feel I've done nothing wrong and the officer can't give me a lawful reason why I was pulled over?

    Example: I'm driving and decide to flip off a cop in passing and he turns around and pulls me over, must I ID? SCOTUS has ruled that flipping off a cop is covered under the 1st Amendment, so that makes his stop unlawful unless I was breaking law by speeding etc.

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  3. #32
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    McAlester, Oklahoma
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    If you have a firearm in the glove box, you are carrying. In the car, but you are carrying concealed because you have immediate access to the firearm. At least that is the law in my state, were notification is required. Any police officer will have a lawful reason for pulling you over, or he should not pull you over. I know there are officers out there that do not perform the job correctly, but they are actually the exception. Most traffic offenses are arrestable offenses and if you have violated a traffic law and refuse to show your ID, you can be taken to jail. A ticket is just a release to appear at a later date and if the officer does not know who you are and you refuse to show who your, you are bound for the lockup.

    You may disagree, but, depending upon state laws, that is the way it works.
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  4. #33
    Join Date
    Feb 2016
    Location
    SC Lowcountry
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    1,550
    In SC:

    SECTION 16-23-20. Unlawful carrying of pistol; exceptions.

    It is unlawful for anyone to carry about the person any pistol, whether concealed or not, except as follows:

    (9) Any person in a vehicle where the pistol is secured in a closed glove compartment, closed console, or closed trunk.

    (10) Any person carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or a fixed place of business or while in the process of the changing or moving of one’s residence or the changing or moving of his fixed place of business.

    (12) Any person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol about his person, under conditions set forth in the permit. Persons authorized to carry weapons pursuant to items (6) and (12) of this section may exercise this privilege only after acquiring a permit (CWP) from the State Law Enforcement Division as provided for in Article 4 of Chapter 31 of Title 23.


    Numbers (9) and (10) refer to any person, with or without CWP. Number (12) requires CWP.

  5. #34
    The original question posed by the OP was "stop & identify", and nothing to do with guns, carry or any gun laws.
    “Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things.
    But for good people to do evil things, that takes religion.” ― Steven Weinberg

  6. #35
    Join Date
    Oct 2011
    Location
    South Carolina
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    95
    Quote Originally Posted by XD40scinNC View Post
    The original question posed by the OP was "stop & identify", and nothing to do with guns, carry or any gun laws.
    Yes, that is pretty much my question. If I'm NOT carrying, am I compelled to show my ID for a stop that I feel is unlawful. In some states you only have to show ID if you're pulled for an infraction of the law. In the example I provided, there was no infraction of the law. Am I compelled to ID?

    I have a CWP but in my example I'm not carrying.

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