What states have mandatory ID check?
Page 1 of 4 123 ... LastLast
Results 1 to 10 of 35

Thread: What states have mandatory ID check?

  1. #1
    Join Date
    Sep 2009
    Location
    Lowcountry, SC
    Posts
    457

    What states have mandatory ID check?

    In what states MUST you PRESENT ID to a police officer if asked? I would like to know when you must present ID in SC. I know during a traffic stop, but when else? Where are the specific laws and statuates?

    Is there a website that has this information for all states?

  2.   
  3. #2
    Join Date
    Sep 2009
    Location
    Lowcountry, SC
    Posts
    457
    Quote Originally Posted by Islander View Post
    In what states MUST you PRESENT ID to a police officer if asked? I would like to know when you must present ID in SC. I know during a traffic stop, but when else? Where are the specific laws and statuates?

    Is there a website that has this information for all states?
    Found some info under "Stop and Identify" in wikipedia:

    Stop and Identify statutes - Wikipedia, the free encyclopedia

    No stop and identify requirement in SC.

  4. #3
    Join Date
    Sep 2007
    Location
    Gray Court, SC
    Posts
    2,934
    The Terry law doesn't apply to CWP identification requirements it applies to suspect involvement in a crime.

    Here are the requirements for SC.

    South Carolina Law Enforcement Division

    (K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver’s license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

  5. #4
    Join Date
    Sep 2009
    Location
    Lowcountry, SC
    Posts
    457
    Quote Originally Posted by Red Hat View Post
    The Terry law doesn't apply to CWP identification requirements it applies to suspect involvement in a crime.

    Here are the requirements for SC.

    South Carolina Law Enforcement Division
    Thank you, my Brother. I've got the CWP ID requirements memorized, but was wondering what the laws were for standard "stop and identify". Glad to know SC does NOT have "stop and identify" laws.

    Of ciourse, since I carry 99% of the time, I'll need to stop and identify and inform.

  6. #5
    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)

    Authority of peace officer to stop and question.
    A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.

    (Acts 1966, Ex. Sess., No. 157, p. 183, §1.)

    If they don't have reasonable cause then screw them. This isn't Nazi Germany. I don't have to show my papers--and I won't. I fought so I don't have to do that BS.

  7. #6
    Join Date
    Sep 2009
    Location
    Lowcountry, SC
    Posts
    457
    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)

    Authority of peace officer to stop and question.
    A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.

    (Acts 1966, Ex. Sess., No. 157, p. 183, §1.)

    If they don't have reasonable cause then screw them. This isn't Nazi Germany. I don't have to show my papers--and I won't. I fought so I don't have to do that BS.
    Actually, per the Terry decision, NO state can stop and ask for ID without probable cause. Americans are not obligated to have unofficial conversations with law enforcement. In SC, they can't even do that. There is no requirement to give your name, etc., even if stopped for probably cause (no "stop & ID" law), except in very special cases (driving your car, carrying a concealed weapon, actively hunting or fishing, etc.).

  8. #7
    Join Date
    May 2010
    Location
    McAlester, Oklahoma
    Posts
    408
    In Oklahoma, we are required to identify the fact that we are in actual possession of a concealed handgun when we first come in contact with any law enforcement officer when arrested, detained or in the course of a routine traffic stop.

    That LEO cannot ask to inspect any properly concealed firearm, unless he suspects a crime has been committed.

    The portion of the SDA that applies:

    A. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection.

    D. Any law enforcement officer coming in contact with a person whose handgun license is suspended, revoked, or expired, or who is in possession of a handgun license which has not been lawfully issued to that person, shall confiscate the license and return it to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding.

    E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.

  9. #8
    If I'm carrying in SC I'm required to show CWP. If gun is in glove box I am not required to show CWP. On the Home page on this site you can check the States that you go in to see if they require you to show CWP.

  10. #9
    Join Date
    Sep 2009
    Location
    Lowcountry, SC
    Posts
    457
    Quote Originally Posted by oldbanjo View Post
    If I'm carrying in SC I'm required to show CWP. If gun is in glove box I am not required to show CWP. On the Home page on this site you can check the States that you go in to see if they require you to show CWP.
    Correct. But again, my question had nothing to do with whether or not one was carrying. I just wanted to know which states had "stop and identify" laws.

    Thanks!

  11. #10
    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)

    Authority of peace officer to stop and question.
    A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.

    (Acts 1966, Ex. Sess., No. 157, p. 183, §1.)

    If they don't have reasonable cause then screw them. This isn't Nazi Germany. I don't have to show my papers--and I won't. I fought so I don't have to do that BS.
    What if they think you are an illegal alien?

Page 1 of 4 123 ... LastLast

Similar Threads

  1. Replies: 301
    Last Post: 03-08-2015, 07:53 PM
  2. Feds sued to keep out of state's gun affairs
    By festus in forum Politics and News
    Replies: 4
    Last Post: 10-06-2009, 12:19 PM
  3. Dead horse Y/N
    By Sheldon in forum Politics and News
    Replies: 20
    Last Post: 07-14-2009, 08:31 PM
  4. Citizen grand jury indicts Obama
    By Bohemian in forum Politics and News
    Replies: 63
    Last Post: 07-02-2009, 10:29 AM
  5. Replies: 2
    Last Post: 05-27-2009, 10:03 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast