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Thread: Do I need to ID ?

  1. #1
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    I carry IWB exposed most of the time. My SuperTuck is just that comfortable and it allows me to cover if I REALLY don't want to take a chance of being delayed.

    If I am out shopping and asked by a LEO for ID do I have to give it to him & tell him I have a CPL ?

    Seems to me that if he got a MWAG call, a "reasonable person" saw the gun and figured out what it was.

    Doesn't that place it under open carry & negate the requirement for ID and a CPL ?

  2. #2
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    Leader wrote:
    I carry IWB exposed most of the time. My SuperTuck is just that comfortable and it allows me to cover if I REALLY don't want to take a chance of being delayed.

    If I am out shopping and asked by a LEO for ID do I have to give it to him & tell him I have a CPL ?

    Seems to me that if he got a* MWAG call, a "reasonable person" saw the gun and figured out what it was.*

    Doesn't that place it under open carry & negate the requirement for ID and a CPL ?
    Great question.

    I don't think you do, but the courts have yet to decide if carrying IWB constitutes open carry.

    On the safe side, I'd disclose/offer my CPL, though I doubt it's necessary, because as you say, a reasonable person can obviously tell you're carrying, that's why you have a 911-MWAG situation.

  3. #3
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    Someone recently was cited for IWB without a CPL and was charged with concealing. He plead out so it did not go to court. My feeling is that it is concealed and I wouldn't take a chance on it being considered anything but. However, that is your choice. If you didn't produce ID they may try to get you for not disclosing and you may risk a CPL suspension.



    Good luck

  4. #4
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    In my opinion, which means next to nothing, IWBs can be OC. What we really need to settle this, is a CPL holder to NOT disclose, and get charged and get a court decision. I carry this way sometimes, but haven't had a situation where I needed to disclose.

  5. #5
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    Leader wrote:
    I carry IWB exposed most of the time. My SuperTuck is just that comfortable and it allows me to cover if I REALLY don't want to take a chance of being delayed.

    If I am out shopping and asked by a LEO for ID do I have to give it to him & tell him I have a CPL ?

    Seems to me that if he got a MWAG call, a "reasonable person" saw the gun and figured out what it was.

    Doesn't that place it under open carry & negate the requirement for ID and a CPL ?
    Another thing to consider is where you are at. If you are carrying under your CPL in a liquor store whether concealed or open you have to have ID and your CPL. So in that type of situation you would have to show ID.

    As for walking down the street, that's a judgement call and would depend on the jurisdiction you are in. Some would argue that it's concealed and some wouldn't.

    I would ask the officer why he is detaining me. If he states because of the gun, then I guess I wouldn't show ID as you don't have to for OC. Then take it from there. As long as you can get them to admit it's for the gun, or better yet a call from someone that saw your gun you have a pretty good argument that you were OCing.

    The judge in the earlier case in regards to an IWB holster stated that a LEO was a TRAINED observer and not considered an average person, so them seeing a gun in an IWB holster may or may not fit what a reasonable person would consider open or concealed. That's why it's go to find out if a person saw your gun and called it in.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  6. #6
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    The judge in the earlier case in regards to an IWB holster stated that a LEO was a TRAINED observer and not considered an average person, so them seeing a gun in an IWB holster may or may not fit what a reasonable person would consider open or concealed. That's why it's go to find out if a person saw your gun and called it in.



    Can I interpret that as the Judge saying the cop isn't a reasonable person?

    :celebrate:P

  7. #7
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    Leader wrote:


    The judge in the earlier case in regards to an IWB holster stated that a LEO was a TRAINED observer and not considered an average person, so them seeing a gun in an IWB holster may or may not fit what a reasonable person would consider open or concealed. That's why it's go to find out if a person saw your gun and called it in.



    Can I interpret that as the Judge saying the cop isn't a reasonable person?

    :celebrate:P
    Yes.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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