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Thread: OC and ID checks Question

  1. #1
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    Scenario........

    So I'm walking down a strip mall minding my own, going from store to store. While I'm between store'sLE see me OC'ing. LE comes up to me and says " I see that your carrying, do you have ID, " I say "yes I do".LE says "can I see it".

    Question?

    Am I legally obligated to show them my ID.?





  2. #2
    Regular Member Fallschirmjäger's Avatar
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    I am unfamiliar with the particulars of MO's laws, isn't Missouri is an Open Carry state?

    You have No Legal Obligation, according to the below posted Code to produce any identification.

    You may have a legal oblication, IF there is specific language in any laws applying to firearms, those didn't come up in my search.

    If you are lawfully Openly Carrying in an open carry state, then there is no RAS for the Officer's suspicion that you are violating the state's Open Carry law.

    http://www.moga.mo.gov/statutes/C000-099/0840000710.HTM

    Missouri Revised Statutes Chapter 84
    Police Departments in St. Louis and Kansas City
    Section 84.710

    August 28, 2008


    Police force--officers of state--powers to arrest (Kansas City). 84.710. 1. The members of the police force appointed in pursuance hereof are hereby declared to be officers of the state of Missouri and of the city for which such commissioners are appointed.
    2. They shall have power within the city or on public property of the city beyond the corporate limits thereof to arrest, on view, any person they see violating or whom they have reason to suspect of having violated any law of the state or ordinance of the city. They shall have power to arrest and hold, without warrant, for a period of time not exceeding twenty-four hours, persons found within the city or on public property of the city beyond the corporate limits thereof charged with having committed felonies in other states, and who are reported to be fugitives from justice. They shall also have the power to stop any person abroad whenever there is reasonable ground to suspect that he is committing, has committed or is about to commit a crime and demand of him his name, address, business abroad and whither he is going. When stopping or detaining a suspect, they may search him for a dangerous weapon whenever they have reasonable ground to believe they are in danger from the possession of such dangerous weapon by the suspect. No unreasonable force shall be used in detaining or arresting any person, but such force as may be necessary may be used when there is no other apparent means of making an arrest or preventing an escape and only after the peace officer has made every reasonable effort to advise the person that he is the peace officer engaged in making arrest.
    3. Any person who has been arrested without a warrant may be released, without being taken before a judge, by the officer in charge of the police station whenever the officer is satisfied that there is no ground for making complaint against him, or when the person was arrested for a misdemeanor and will sign a satisfactory agreement to appear in court at the time designated.
    (RSMo 1939 § 7674, A.L. 1943 p. 727 § 7673, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 7519; 1919 § 8930; 1909 § 9782
    Effective 1-2-79
    Ther is an oblication to state your true name, etc., but no obligation to produce any State Issued Identification.
    (NOTE: All Bold or Italics are mine, not in the original)






    Down South it usually goes like this.....
    Officer "Y'all got any ID?"
    Me: "Idee 'bout whut?":celebrate

  3. #3
    Regular Member Fallschirmjäger's Avatar
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    A little searching Here reveals there is a requirement, but Only when carrying concealed.

    Missouri Revised Statutes Chapter 571
    Weapons Offenses
    Section 571.121

    August 28, 2008


    Duty to carry and display endorsement, penalty for violation--director of revenue immunity from liability, when. 571.121. 1. Any person issued a concealed carry endorsement pursuant to sections 571.101 to 571.121 shall carry the concealed carry endorsement at all times the person is carrying a concealed firearm and shall display the concealed carry endorsement upon the request of any peace officer. Failure to comply with this subsection shall not be a criminal offense but the concealed carry endorsement holder may be issued a citation for an amount not to exceed thirty-five dollars.
    2. Notwithstanding any other provisions of law, the director of revenue, by carrying out his or her requirement to issue a driver's or nondriver's license reflecting that a concealed carry permit has been granted, shall bear no liability and shall be immune from any claims for damages resulting from any determination made regarding the qualification of any person for such permit or for any actions stemming from the conduct of any person issued such a permit. By issuing the permit on the driver's or nondriver's license, the director of revenue is merely acting as a scrivener for any determination made by the sheriff that the person is qualified for the permit.
    (L. 2003 H.B. 349, et al., § 571.094, subsecs. 38, 39) Effective 10-11-03; see § 21.250
    *This bill was vetoed on July 3, 2003. The veto was overridden on September 11, 2003.
    If you really care to have a State Issued Identification and don't care for local law enforcement to have your address handy, you can always spend about $45 for a 10-year Passport Card (Issued by our friendly federal government) and carry that, plus your firearms concealed carry license in a separate wallet. I've found that a tiny business card wallet is stylish and helps keep nosy people's noses out of my personal data.

    http://i47.photobucket.com/albums/f1...source/gfl.jpg


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