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

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.

Nrs 171.123

2A

NRS cited above said:

NRS 171.123 Temporary detention by peace officer of person suspected of criminal behavior

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Mere carrying of a firearm is not criminal behavior, and the courts have agreed.

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

2A

OC-moto450r said:

More info.

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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.

2A

OC-moto450r said:

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.

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Here's a few I grabbed from: http://forum.opencarry.org/forums/showthread.php?98640-Is-Carrying-a-gun-per-se-Reasonable-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.

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."

How about: "Call me 'Late for Dinner.' Bye."

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.

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 said:

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

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Merlin makes me grin!

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.

Merlin said:

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

Click to expand...

How about BOSS cause you work for me :uhoh: :shocker: :exclaim:

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!

chrsjhnsn said:

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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