Can Officer Force ID....

“Based on McRae's admission that he was carrying a handgun in his waistband, the officers had reasonable suspicion to believe that McRae was committing a crime under Florida law— carrying a concealed weapon. *** Under Florida law, " [a] person who carries a concealed firearm on or about his person commits a felony of the third degree." *** Notably, the possession of a valid permit for a concealed weapon is not related to the elements of the crime, but rather is an affirmative defense.

“Moreover, because reasonable suspicion analysis is not concerned with "hard certainties, but with probabilities," *** McRae's admission to carrying a concealed weapon was sufficient to justify briefly stopping him before inquiring further about whether he had an affirmative defense in the form of a valid concealed-weapons permit.” (Citations and footnotes omitted.) United States v. Lewis, 674 F.3d 1298, 1304 (11th Cir. 2012).

Click to expand...

1. If state law allows open carry without licensure, observation of open carry does not constitute reasonable articulable suspicion to detain. See Black.
2. If state law prohibits concealed carry without licensure, evidence of concealed carry does constitute reasonable articulable suspicion to detain. See Lewis.