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Thread: ID requirements

  1. #1
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    ID requirements

    It was my understanding that California didn't have a requirement for you to carry an ID on your person unless driving. But yesterday San Diego's finest stopped me in the La Jolla Mall and told me that I was required to carry ID while UOC'ing. So my question is did I miss something? Plus they apparently have two private schools in that mall FYI

  2. #2
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    no, they are wrong, no id needed to open carry in California - don;t carry any next time.

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    What type of private schools?

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    Regular Member Gundude's Avatar
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    Did they quote the section of the penal code that says that?

    FAIL!
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  5. #5
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    What Mike said. They are definitely wrong. The only laws still on the books that you need to be concerned with when it comes to identifying yourself is the one that says you need to produce ID if you are driving and stopped for a driving infraction and the law that says you cannot give a fake name to a police officer. Feel free to give nothing to them or to stare at them silently or to beg them to arrest you for not having an ID.

    Ayatollah's question is pertinent because only schools teaching kindergarten to 12th grade count. If there is a kindergarten at a mall then that's the first time I've heard of such a thing. They probably have preschools at the mall, and those do not count.

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    They had a pre-k school and a charter high school according to them on the mall property. I didn't have ID on me plus this was my first time getting stopped so I played along with them and gave my name and what not they were pretty chill about the whole thing so we left and went to another mall and no one even seemed to notice the gun. I will keep the quoting of the code in mind for the next interaction which at the rate I carry should be soon.

  7. #7
    Regular Member CenTex's Avatar
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    I would certainly check out whether or not there was a charter school on the property. They may have told you this just to get you off the property. I would accept what they told you, unless you can prove otherwise. Remember, this has to be a k-12 school.
    Last edited by CenTex; 11-23-2010 at 06:01 PM.

  8. #8
    Regular Member JJ's Avatar
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    Quote Originally Posted by IYAOYAS View Post
    It was my understanding that California didn't have a requirement for you to carry an ID on your person unless driving. But yesterday San Diego's finest stopped me in the La Jolla Mall and told me that I was required to carry ID while UOC'ing. So my question is did I miss something? Plus they apparently have two private schools in that mall FYI

    I'm sure you have all this recorded???

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    Regular Member hgreen's Avatar
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    Quote Originally Posted by JJ View Post
    I'm sure you have all this recorded???
    Can we have a BIG STICKY thread that says

    IF YOU DO:

    - NOT KNOW THE LAW
    - NOT HAVE A RECORDING DEVICE

    THEN DO NOT OC.

    If you must still OC, then do it with people that meet the above requirements.

    Its really a drain to have to always rehash the same points on a weekly basis on here and see individuals get their rights trampled.

  10. #10
    Regular Member JJ's Avatar
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    Quote Originally Posted by hgreen View Post
    Can we have a BIG STICKY thread that says

    IF YOU DO:

    - NOT KNOW THE LAW
    - NOT HAVE A RECORDING DEVICE

    THEN DO NOT OC.

    If you must still OC, then do it with people that meet the above requirements.

    Its really a drain to have to always rehash the same points on a weekly basis on here and see individuals get their rights trampled.

    +1

  11. #11
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by hgreen View Post
    Can we have a BIG STICKY thread that says

    IF YOU DO:

    - NOT KNOW THE LAW
    - NOT HAVE A RECORDING DEVICE

    THEN DO NOT OC.

    If you must still OC, then do it with people that meet the above requirements.

    Its really a drain to have to always rehash the same points on a weekly basis on here and see individuals get their rights trampled.
    Quote Originally Posted by JJ View Post
    +1

    Uhm-- the thread appears in my sig line and appears here----->http://forum.opencarry.org/forums/sh...ve-been-there.

    But it isnt stickied.

    I dont think its a matter of not having enough information or even having it stickied- I think people arent very thorough about doing their homework before participating in some challenging activities and the results are sometimes proportionate to their preparation. Unfortunately, being ill-prepared can land you in jail.
    Last edited by ConditionThree; 11-23-2010 at 05:54 PM.
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    CL SUBJ IN COMPLIANCE WITH LAW


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  12. #12
    Regular Member Firemark's Avatar
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    Quote Originally Posted by IYAOYAS View Post
    But yesterday San Diego's finest stopped me in the La Jolla Mall and told me that I was required to carry ID while UOC'ing. So my question is did I miss something? Plus they apparently have two private schools in that mall FYI
    ID not required, for sure they are lying to you, or they dont know the penal code. Also which La Jolla Mall?? please post a map and address and identify what private schools they are refering to please. Is this UTC or downtown La Jolla by the cove?
    New to OPEN CARRY? Click here first

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    Ok I did have a recorder with me the only downfall is I bought a clip on mic from radio shack that apparently cant pick up the sound of human voices. Im taking tht back obviously so my recording is useless. I have done the research but in my experience from the USMC and FireFighting there is a big difference between learned knowledge and activity knowledge. Now that the activity knowledge has been achieved were better off.
    It was the UTC mall I have still yet to verify the charter school tht is suppose to be there, I spent the day walking around Oceanside the cops didn't seem to notice the gun today.

  14. #14
    Regular Member hgreen's Avatar
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    Good to hear things are better now, but learning from having rights trampled is not really an ideal learning model.

    For others it would be much better to gain the experience knowledge from OCing in a group of OC veterans.

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    A group would be great but I don't know anyone out here in a group or when events are If there is anything in oceanside I would love to join in. But I've been OC since I got back from SC last month and I can't always have a group around me lol

  16. #16
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    Quote Originally Posted by Mike View Post
    no, they are wrong, no id needed to open carry in California - don;t carry any next time.
    Right on! +1 Robin47

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    One other thing Do not J-walk that is a motor Vehicle Infraction and would require you to provide ID. To my knowledge that is the Only thing that could require you to show ID

    http://dmv.ca.gov/pubs/vctop/d11/vc21955.htm

    V C Section 21955 Crossing Between Controlled Intersections
    Crossing Between Controlled Intersections

    21955. Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.

  18. #18
    Regular Member JJ's Avatar
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    Or.....

    Spit on the sidewalk, litter, etc.





    Quote Originally Posted by 619P95 View Post
    One other thing Do not J-walk that is a motor Vehicle Infraction and would require you to provide ID. To my knowledge that is the Only thing that could require you to show ID

    http://dmv.ca.gov/pubs/vctop/d11/vc21955.htm

    V C Section 21955 Crossing Between Controlled Intersections
    Crossing Between Controlled Intersections

    21955. Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.

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    Quote Originally Posted by ConditionThree View Post
    Uhm-- the thread appears in my sig line and appears here----->http://forum.opencarry.org/forums/sh...ve-been-there.

    But it isnt stickied.

    I dont think its a matter of not having enough information or even having it stickied- I think people arent very thorough about doing their homework before participating in some challenging activities and the results are sometimes proportionate to their preparation. Unfortunately, being ill-prepared can land you in jail.
    Even an old pro can fail to capture the moment. Things happen too quickly; the battery fails; You think you heard the machine turn on, but nooooo....
    My thinking is that if the man is out to get you, the recorded media is going to disappear. I'm hoping the man is not out to get me

  20. #20
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Quote Originally Posted by JJ View Post
    Spit on the sidewalk, litter, etc.
    You can't spit on the sidewalk? As a frequent spitter on sidewalks I find this hard to believe. Am I a scofflaw?

  21. #21
    Regular Member Gundude's Avatar
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    Cite for spitting on the sidewalk, please. It's the OCDO way.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  22. #22
    Regular Member JJ's Avatar
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    Lol

    Quote Originally Posted by bigtoe416 View Post
    You can't spit on the sidewalk? As a frequent spitter on sidewalks I find this hard to believe. Am I a scofflaw?

    I wouldn't chance it! You know they sometimes make up the rules as they go. They could conceivably call it littering......

  23. #23
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    Gave them your name? "Cooperated?" Well I hope that doesn't come back to bite you in the arse.

    Just because you walked away free today doesn't mean you won't be tried, convicted, and stripped of your rights down the road. (Search this forum and see what happened to Theseus.)

    Find out if that charter high school is a place that (1) actually exists, and (2) meets the statutory definition. If so you may get a visit from your local police or a letter like Theseus got.

    If you did inadvertently enter a school zone, please contact your attorney immediately, and equally importantly DO NOT post any more details here. Even though accidental entry into a school zone is exempted, Theseus is proof that won't stop the justice system from punishing you.
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  24. #24
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    Look here for that charter school.

    http://www.cde.ca.gov/ds/si/

    PreK is not K so it does not count.
    Last edited by chewy352; 11-24-2010 at 04:30 AM.

  25. #25
    Regular Member mjones's Avatar
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    Quote Originally Posted by 619P95 View Post
    One other thing Do not J-walk that is a motor Vehicle Infraction and would require you to provide ID. To my knowledge that is the Only thing that could require you to show ID

    http://dmv.ca.gov/pubs/vctop/d11/vc21955.htm

    V C Section 21955 Crossing Between Controlled Intersections
    Crossing Between Controlled Intersections

    21955. Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.
    Just because its an infraction in the CA Vehicle Code doesn't mean it requires you to have a Driver's License. The requirement is that you must identify yourself.

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