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Thread: Identification law question

  1. #1
    Regular Member reefteach's Avatar
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    In accordance with Colorado law, what info regarding one's idenentification must be given upon request by a LEO? Links to the statute would be helpful.

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    This is from the Douglas Co Sheriffs website.

    A permittee, in compliance with the terms of a permit, may carry a concealed handgun as
    allowed by State Law. The permittee shall carry the permit, together with valid photo
    identification, at all times during which the permittee is in actual possession of a concealed
    handgun and shall produce both documents upon demand by a law enforcement officer. Failure
    to produce a permit upon demand by a law enforcement officer raises a rebuttable presumption
    that the person does not have a permit. Failure to carry and produce a permit and valid photo
    identification upon demand is a Class 1 Petty Offense.
    A person who may lawfully possess a handgun or carry a handgun under the following
    circumstances without obtaining a permit and the handgun shall not be considered concealed:
    1. The handgun in possession of a person who is in a private automobile or in some other
    private means of conveyance and who carries the handgun for a legal use, including self-
    defense.
    2. The handgun is in the possession of a person who is legally engaged in hunting activities
    within the state of Colorado.

    Now I don't know if this is state law, but it's the law of the land in Douglas Co.

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    Regular Member Anubis's Avatar
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    It is true that the CO Revised Statutes (CRS)requirea covertly armed CWP holder to provide driver's license and CWP to a LEO upon request, but I suspect Reefteach intends the more general question. Namely, what is legally required if a LEO stops someone carrying openly and asks for ID?


    OK, here's the apparently current official online CRS site: http://www.michie.com/colorado/lpext...n-h.htm&cp



    42-2-115. License, permit, or identification card to be exhibited on demand.[/b]




    is related to displaying driver's license, but seems to be related only to one suspected of committing a traffic offense and would not seem to apply to pedestrians.

    Searching the CRS for "identification", I found 99 other references, but none appeared to be related to something like a Terry stop.


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    Regular Member Gunslinger's Avatar
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    Stopping someone for open carry alone is not lawful in CO--except Denver County, Denver. I would ask "why are you asking me for identification"? If there was another, good reason, I'd show him my CCW and Military ID--the CCW has a photograph, so that portion of the law is actually passe. If on foot, it's none of his business if I have a DL or not. If he said because I'm open carrying, highly unlikely in my part of the state, I'd inform him that it's completely legal and maybe he'd better call his supervisor to learn his job. Because I certainly plan to. And if he was a Deputy, El Paso county, I'd call Terry Maketa, the Sheriff. That cop would be in for an interesting conversation with his boss, one of the most pro 2A LEOs I've ever heard of.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Good find Anubis!!!! The annotations cover it pretty well.

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    Regular Member reefteach's Avatar
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    Thanks. Ohio has a "stop and ID" requirement which states the following:

    2921.29 Failure to disclose personal information.

    (A) No person who is in a public place shall refuse to disclose the person’s name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:

    (1) The person is committing, has committed, or is about to commit a criminal offense.

    (2) The person witnessed any of the following:

    (a) An offense of violence that would constitute a felony under the laws of this state;

    (b) A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or to property;

    (c) Any attempt or conspiracy to commit, or complicity in committing, any offense identified in division (A)(2)(a) or (b) of this section;

    (d) Any conduct reasonably indicating that any offense identified in division (A)(2)(a) or (b) of this section or any attempt, conspiracy, or complicity described in division (A)(2)(c) of this section has been, is being, or is about to be committed.

    (B) Whoever violates this section is guilty of failure to disclose one’s personal information, a misdemeanor of the fourth degree.

    (C) Nothing in this section requires a person to answer any questions beyond that person’s name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person’s name, address, or date of birth or for refusing to describe the offense observed.

    (D) It is not a violation of this section to refuse to answer a question that would reveal a person’s age or date of birth if age is an element of the crime that the person is suspected of committing.
    It appears that Colorado does not have a law like that. I was planning on trying sterile carry in the springs on my next visit, and wanted to make sureI had all of my bases covered. I agree that just open carrying does not provide for "reasonable articulable suspicion".


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    Regular Member Fallschirmjger's Avatar
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    I'm not from Colorado, so my opinion is worth whatever the market price for "free" is today.

    I did notice however, that the Douglas County Sheriff's website doesn't list the citatioin of the law along with the requirement for producing an officially sanctioned, government identification card, complete with photograph. That seems odd for it not to be listed, given the habit of most government organizations to be thorough.

    Colo.Rev.Stat. § 16-3-103(1). reads thusly - -
    "A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name, address, and an explanation of his actions. The stopping shall not constitute an arrest."


    I haven't come across the CRS for carrying state issued photo identification along with a state issued firearms permit, but I have seen it mentioned at least twice so far. I'll do a little more searching....




    If anyone cares to check Hibble vs Nev. Supreme Court to see what the US Supreme Court says about having to produce identification. I'm sure everyone will be happy to see just how few stated require any official identification to be carried.

    There is a thread in similar vein on Georgia Packing.



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    Regular Member Fallschirmjger's Avatar
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    Looks like the price of "free" today is a veritable bargain .



    18-12-204 requires permit and photo identification.

    To comply with this requirement would mean that you cannot walk, bike, ride, stroll, amble, crawl or skip with your concealed firearm unless you carry your driver's license or state issued ID.

    If you decide that you no longer wish to drive and you want to carry concealed, you MUST obtain a State Issued ID as you must surrender your driver's license in order to get a state ID card.


    In Georgia there is a bit of the same controversy, since we do not have pictures on our Georgia Firearms License (required for open Or concealed carry), just a fingerprint.
    So far in my research GA Code doesn't have the photo ID requirement and HIBBLE vs SUPREME COURT is still valid.





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    Regular Member Gunslinger's Avatar
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    Fallschirmjäger wrote:
    Looks like the price of "free" today is a veritable bargain .



    18-12-204 requires permit and photo identification.

    To comply with this requirement would mean that you cannot walk, bike, ride, stroll, amble, crawl or skip with your concealed firearm unless you carry your driver's license or state issued ID.

    If you decide that you no longer wish to drive and you want to carry concealed, you MUST obtain a State Issued ID as you must surrender your driver's license in order to get a state ID card.


    In Georgia there is a bit of the same controversy, since we do not have pictures on our Georgia Firearms License (required for open Or concealed carry), just a fingerprint.
    So far in my research GA Code doesn't have the photo ID requirement and HIBBLE vs SUPREME COURT is still valid.



    CCWs in CO, as I said, have photos on them. That meets the requirement for photo ID, you don't need a DL, Mil ID or anything else. I believe the old CCWs did not have a photo, hence the need for another type of ID w/pic. You DO NOT have to get any other type of ID with a CO CCW. I would show Mil ID only because I have it and if he has a question about my character..ha ha! I have been called one...:celebrate
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    It might also be useful to reference this article from Police Chief's Magazine (the creators of this site used this one at a recent City Council Meeting):

    http://www.policechiefmagazine.org/m...ue_id=122005#6



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