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Thread: NRS for showing ID

  1. #1
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    NRS for showing ID

    Can anyone point me to any NRS requiring a person to show ID at an officers request or what information i must disclose at an officers request if i am open carrying. From what ive been told (which is why i would like NRS to back statements) is that i am only required to inform the officer of my Name and DOB unless i am being detained.

    Nothing has happened yet but i am trying to cover all my bases and know my NRS just in case.

    Thank you
    Robert

  2. #2
    Campaign Veteran MAC702's Avatar
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    The law does not address Open Carry.

    That said, if you are being being forced to give name and DOB, you are being detained. Before complying, ask: "Why am I bring detained?"

    Openly Carrying is not a licensed activity. You are not required to carry identification, nor are you required to identify yourself, or even converse with police unless they had reasonable, articulate suspicion of a crime.

    Welcome to the forum! Sit back, and read, read, read the stickies and other threads in this Nevada section. You will find answers to questions you haven't thought to ask yet, too.

    Buy a digital recorder and keep it running if you suspect you might be stopped and questioned. For the most part, NV is OC friendly on public property with some exceptions of some county and city parks that are in violation of the state law.
    Last edited by MAC702; 07-19-2012 at 05:00 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Nrs 171.123

    2A
    Last edited by OC-moto450r; 08-02-2012 at 05:52 PM.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by NRS cited above
    NRS 171.123 Temporary detention by peace officer of person suspected of criminal behavior
    Mere carrying of a firearm is not criminal behavior, and the courts have agreed.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    thanks for the info this is exactly what i wanted to know. Ive been reading up alot on the forums regarding open carry and have done my share of it recently but you can never have enough info.

    Thanks again for the help

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    Last edited by OC-moto450r; 08-02-2012 at 05:51 PM.

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    Quote Originally Posted by OC-moto450r View Post
    yeah hiibel vs nevada is the case law to refer to. You're required to give name only - not spell it - not provide papers - lisence or anything. If you're walking down a street, you don't need a driver's lisence. Now just because you're not required to give more, doesn't mean you can't. That's each person's own decision. I've both given no info, and given quite deliberate instructions I'm in possession of a firearm (in a vehicle stop) and had it work out in different directions. The other thing to look into is terry v ohio case.

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    Last edited by OC-moto450r; 08-02-2012 at 05:50 PM.

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    Quote Originally Posted by OC-moto450r View Post
    Yes. Sorry the "More info" is a link to Hiibel v Nevada info.

    Someone correct me if I'm wrong, IIRC Hiibel v Nevada tells us that during a Terry stop (NRS 171.123) we have no obligation to provide ID, just our full name.

    additionally (i don't remember the case) can someone help with a cite? There was a case ruling that says...

    The mere presence of a firearm is not enough RAS for a Terry stop.
    Here's a few I grabbed from: http://forum.opencarry.org/forums/sh...able-Suspicion

    I think the last one is the one you're looking for.

    "The Claim and exercise of a Constitutional Right cannot be converted into a crime."
    Miller v. U.S., 230 F 2d 486. 489

    "The mere presence of firearms does not create exigent circumstances."
    State v. Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997), 96-2052.

    The Third Circuit found that an individual’s lawful possession of a firearm in a crowded place did not justify a search or seizure.
    United States v. Ubiles, 224 F.3d 213 (3rd Cir. 2000)

    The Tenth Circuit found that an investigatory detention initiated by an officer after he discovered that the defendant lawfully possessed a loaded firearm lacked sufficient basis because the firearm alone did not create a reasonable suspicion of criminal activity.
    United States v. King, 990 F.2d 1552 (10th Cir. 1993)

    Also, I'm pretty sure that you're only required to provide your first name, not full name, upon detention. I'll be back to cite that...

    Edit: Looks like Hiibel v. Nevada would cover this and states that "The Nevada Supreme Court has interpreted that “identify himself” to mean to merely state his name." To provide name only; his first and/or last name is not specified.
    Last edited by Eveofwar; 07-19-2012 at 11:08 PM.

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    I see videos online all the time where LE tries to pressure the OCer into giving at least a name by saying "Well I need to know what to call you." I often wonder what the reaction would be if the OCer replied "You may call me Sir, or Mister."

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    Campaign Veteran MAC702's Avatar
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    How about: "Call me 'Late for Dinner.' Bye."
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    You can't show ID if you don't carry it. States can't force people to carry ID generally. Kolender. v. Lawsen. No state has passed a general requirement to cary ID.

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    You may call me "citizen". Or...

    Your highness
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    These are only suggestions. Your choice.

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    Quote Originally Posted by Merlin View Post
    You may call me "citizen". Or...

    Your highness
    Elvis
    Sir
    Beavis
    Evel Knieval
    Yo' Daddy!

    These are only suggestions. Your choice.

    Sent from my Xoom using Tapatalk 2
    Merlin makes me grin!

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    thanks for the replies, I was curious about this too

    I love being able to cite law, 99% of the folks I run into don't know what the NRS even is.

  16. #16
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    Quote Originally Posted by Merlin View Post
    You may call me "citizen". Or...

    Your highness
    Elvis
    Sir
    Beavis
    Evel Knieval
    Yo' Daddy!

    These are only suggestions. Your choice.

    Sent from my Xoom using Tapatalk 2
    How about BOSS cause you work for me

  17. #17
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    definately, which is why i asked about it, its always nice to know the NRS so when someone steps out of line you can just say NRS XXXX states so and so and although im willing to bet their demeanor will be piss poor because someone quoted NRS to them but they know there isnt much he can say.

    Thanks again to all who posted i appreciate the help!

    Quote Originally Posted by chrsjhnsn View Post
    I love being able to cite law, 99% of the folks I run into don't know what the NRS even is.

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