desertfox
Regular Member
imported post
I had a question on whether or not you present your drivers license to LEO when requested if they stop you for a 12031(e) inspection. I've watched all the youtube videos, read nearly every post here, and I've researched the laws pretty thoroughly.
In Hiibel v. Sixth, it seems that I am only required toverbally state my name. I am not required to "show id aka a drivers license." It seems that the LA District Attorney's Office is referring to an armed individual as to one that is carrying an unloaded gun legally.
I'm just curious to see how you respond when they request this of you.
Nate's In-Depth Open Carry FAQ
style="BACKGROUND-COLOR: #ffffff"
What should I do if a cop thinks that open carry is illegal? Will he ask me for ID?
Since carrying openly while obeying the state's restrictions is not a crime, a police officer has no authority to ask for your identification only because of your (legal) activities. In California, police may only ask for your identification if they ACCUSE you of a crime that is a misdemeanor or a felony (Kolender v. Lawson, Hiibel v. Sixth District of Nevada). There have been multiple reported cases of officers asking open carriers for identification because these officers view carrying a gun as probable cause of having committed a crime. While this line of thought is legally tenuous at best (and many departments are taking strides to educate their officers), its use illustrates the necessity of adequate recording devices while UOCing.
LOS ANGELES COUNTIES DISTRICT ATTORNEY'S OFFICE (One Minute Brief):
http://info.publicintelligence.net/LAOpenCarry.pdf
The incidental detention of the armed individual justifies a demand for ID, allowing age verification and a data-base check for information about any disqualification to possess firearms. [font=Arial,Arial][font=Arial,Arial]Hiibel v. Sixth Judicial District [/font][/font](2004) 542 US 177, 187.
I had a question on whether or not you present your drivers license to LEO when requested if they stop you for a 12031(e) inspection. I've watched all the youtube videos, read nearly every post here, and I've researched the laws pretty thoroughly.
In Hiibel v. Sixth, it seems that I am only required toverbally state my name. I am not required to "show id aka a drivers license." It seems that the LA District Attorney's Office is referring to an armed individual as to one that is carrying an unloaded gun legally.
I'm just curious to see how you respond when they request this of you.
Nate's In-Depth Open Carry FAQ
style="BACKGROUND-COLOR: #ffffff"
What should I do if a cop thinks that open carry is illegal? Will he ask me for ID?
Since carrying openly while obeying the state's restrictions is not a crime, a police officer has no authority to ask for your identification only because of your (legal) activities. In California, police may only ask for your identification if they ACCUSE you of a crime that is a misdemeanor or a felony (Kolender v. Lawson, Hiibel v. Sixth District of Nevada). There have been multiple reported cases of officers asking open carriers for identification because these officers view carrying a gun as probable cause of having committed a crime. While this line of thought is legally tenuous at best (and many departments are taking strides to educate their officers), its use illustrates the necessity of adequate recording devices while UOCing.
LOS ANGELES COUNTIES DISTRICT ATTORNEY'S OFFICE (One Minute Brief):
http://info.publicintelligence.net/LAOpenCarry.pdf
The incidental detention of the armed individual justifies a demand for ID, allowing age verification and a data-base check for information about any disqualification to possess firearms. [font=Arial,Arial][font=Arial,Arial]Hiibel v. Sixth Judicial District [/font][/font](2004) 542 US 177, 187.