Wild Horse wrote:1. Current case law (Arizona v. Hicks) says that police can run a serial number on something that comes into plain view. Our understanding of this means that a police officer can note the number and run it later, but cannot note the number and detain you while he runs the number.1.) are law enforcement officers allowed to run serial numbers on the weapon when they inspect it to verify that it's unloaded? Or does law enforcement authority only extend to checking that the weapon is indeed empty?
2.) are law enforcement officers allowed to demand for ID when checking if the firearm is unloaded? To my understanding, pedestrians are not required to carry ID with them. Is this true? If so, what are the legal ramifications of not producing ID for a police officer whether due to refusal or simply not having one at the time?
3.) to my understanding, it is unlawful to carry firearms into a state/national park. Is this true? If so, does this restriction also extend to "community" parks within normal city limits?
2. California does not have a "stop and identify" statute, so you don't need to show ID. You don't even need to carry ID when open carrying. Law enforcements can ask you anything they want, it is up to you to assert your rights. You can simply say, "I don't see how that is relevant" or "I believe California doesn't have a stop and identify statute, so you cannot demand such things" or you can just remain silent. The case law here would be Hiibel v. Nevada if California had a stop and identify statute, but since it doesn't, we can't even get that far.
3. Regarding state/national parks, you can check out this thread: http://opencarry.mywowbb.com/forum12/24426.html
Regarding community parks I believe there is an enhancement charge for carrying a firearm in a park if you are doing something bad, but I do not believe it is flat out illegal to have a firearm in a park. Quoting decoligny from another thread:
Hate to be technical, but it is my nature, so, technically the parks/playground thing is restricted by state law, but only if you are violating PC 417 (Brandishing), PC 12025 (Concealing), or PC 12031 (Loaded). As long as you aren't doing any of those, then you are fine carrying in a Playground/Park.