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Do I HAVE to show ID?

aosailor

Regular Member
Joined
Oct 10, 2009
Messages
228
Location
Hampton, AR
I know when dealing with law enforcement while CCing you are required to show ID and permit. but NC is not a "stop and identify" state. so if I'm stopped and questioned by LEOs while open carrying, do I have to show ID if they ask?

hypothetical scenario: open carrying pistol on hip while shopping in Wal-mart. out of nowhere LEO stops and questions me about my pistol. what are my rights and requirements to the officer?
 

SPRINGFIELD_45_ACP

Regular Member
Joined
Jul 12, 2008
Messages
124
Location
Richlands, North Carolina, United States
I know when dealing with law enforcement while CCing you are required to show ID and permit. but NC is not a "stop and identify" state. so if I'm stopped and questioned by LEOs while open carrying, do I have to show ID if they ask?

hypothetical scenario: open carrying pistol on hip while shopping in Wal-mart. out of nowhere LEO stops and questions me about my pistol. what are my rights and requirements to the officer?

Correct me if i am wrong the only you have to show drivers license is when you are operating a motor vehicle..
 
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mattwestm

Guest
You don't have to show ID unless you are operating a vehicle. That being said, most LEOs will give the typical response "if you aren't doing anything illegal, then just show us your ID". Showing your ID will usually get you on your way quicker, but at a price. I would just tell them that I am doing nothing wrong and that I don't see the need to show my ID, making sure to stay respectful. You shouldn't have any problems in NC, but there are always exceptions.
 

NCjones

Regular Member
Joined
Oct 6, 2009
Messages
184
Location
Goldsboro, , USA
NC is not a stop and ID state, so unless you are operating a vehicle, there's no legal requirement for a DL. If you are CC'ing then photo ID is the law (State ID card, passport, DL, etc.)

There are normally two schools concerning your inquiry, the easy way and the hard way.

The easiest way is to give the gubmint official your DL and let him fish around in your background to make sure you're not a bad guy, thus waiving a wad of your constitutional and states rights. This normally takes about 3 minutes and you'll be on your way assuming you're not actually a bad guy.

The second way (hard way) is to stand on your principles, let the gubmint official threaten you with arrest, detention, etc then call in some more cops. They'll detain you and then get your DL and then discuss how they're gonna handle the situation. Normally this involves calling the ADA or the shift supervisor or magistrate and asking what they are supposed to do. Eventually let you go since the supervisor will eventually tell them they have no reason to hold you. This normally takes anywhere between 10 minutes to an hour, depending on the posse that shows up for the event.

I've done it both ways. Sometimes I have to be somewhere and just don't have the time to spare for all the BS, other times I'm in the mood for a little entertainment.
 
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mattwestm

Guest
NC is not a stop and ID state, so unless you are operating a vehicle, there's no legal requirement for a DL. If you are CC'ing then photo ID is the law (State ID card, passport, DL, etc.)

There are normally two schools concerning your inquiry, the easy way and the hard way.

The easiest way is to give the gubmint official your DL and let him fish around in your background to make sure you're not a bad guy, thus waiving a wad of your constitutional and states rights. This normally takes about 3 minutes and you'll be on your way assuming you're not actually a bad guy.

The second way (hard way) is to stand on your principles, let the gubmint official threaten you with arrest, detention, etc then call in some more cops. They'll detain you and then get your DL and then discuss how they're gonna handle the situation. Normally this involves calling the ADA or the shift supervisor or magistrate and asking what they are supposed to do. Eventually let you go since the supervisor will eventually tell them they have no reason to hold you. This normally takes anywhere between 10 minutes to an hour, depending on the posse that shows up for the event.

I've done it both ways. Sometimes I have to be somewhere and just don't have the time to spare for all the BS, other times I'm in the mood for a little entertainment.

I try to avoid confrontations, so I'd probably just show my ID. If the cop has an attitude, I might go down the second road just to prove a point.
 

NCjones

Regular Member
Joined
Oct 6, 2009
Messages
184
Location
Goldsboro, , USA
I try to avoid confrontations, so I'd probably just show my ID. If the cop has an attitude, I might go down the second road just to prove a point.

Same here. I usually just show the ID, feel guilty about it for a few days, and hate the fact that I feel like a slave for doing it the easy way.

One thing I hate is when they take your weapon and run the serial number. Happened to me a few months ago during a traffic stop. I didn't get a ticket but he asked me to step out of the vehicle then told me he was going to "secure my weapon". He took it with him to the patrol car to run my DL so I know he ran the serial No. also.

I wanted to ask him why he didn't run the serial number on my GPS, stereo, radar detector, laptop, power inverter, etc.
 

aosailor

Regular Member
Joined
Oct 10, 2009
Messages
228
Location
Hampton, AR
I read in another post that I dont have to show ID, but I do have to give them my name and address? is this true?
 

rotorhead

Regular Member
Joined
Sep 18, 2010
Messages
862
Location
FL
You do not have to show ID if stopped for simply OCing. In fact, you're not supposed to be stopped at all, but if you are, you do not have to produce ID.

You do however, have to identify yourself if asked. This can be done verbally or by writing it down for them.

For me it all depends on how cordial the officer is. They want to be a dick, I'll be a dick too- no problem. As long as I am lawfully correct, I have no problem wasting their time as they have done with mine.

If it's done cordially, I usually have no problem offering my ID- but I always inform them that it is not required so they don't get the idea that it is. Normally, they already know the deal and thank me for my cooperation. I have yet to get into an argument with an LEO which forces me to play the A$$ card.

Some people will argue with me saying that I have set new standards for them by surrendering my ID when asked. I understand that argument yet simply choose to do it on my own- it's my preference. If ever burnt by the action of showing ID voluntarily I may change my mind on the matter but so far that hasn't been the case.

I understand that others have had different results and have adjusted their habits accordingly.
 
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mattwestm

Guest
Same here. I usually just show the ID, feel guilty about it for a few days, and hate the fact that I feel like a slave for doing it the easy way.

One thing I hate is when they take your weapon and run the serial number. Happened to me a few months ago during a traffic stop. I didn't get a ticket but he asked me to step out of the vehicle then told me he was going to "secure my weapon". He took it with him to the patrol car to run my DL so I know he ran the serial No. also.

I wanted to ask him why he didn't run the serial number on my GPS, stereo, radar detector, laptop, power inverter, etc.

If an officer ever asked me to let him secure the weapon, I'd say "I'd feel safer if it stayed in the holster and neither of us touched it." I'd be pretty scared to let an officer handle a 1911, or something other than a Glock. Most cops aren't "gun people" and probably don't know how to handle anything other than a Glock or similar handgun.
 

billv

Regular Member
Joined
Nov 28, 2010
Messages
84
Location
Houston now, Asheville soon
You don't have to show ID unless you are operating a vehicle. That being said, most LEOs will give the typical response "if you aren't doing anything illegal, then just show us your ID". Showing your ID will usually get you on your way quicker, but at a price. I would just tell them that I am doing nothing wrong and that I don't see the need to show my ID, making sure to stay respectful. You shouldn't have any problems in NC, but there are always exceptions.

So why not respond to the question above with: "If I'm not doing anything illegal, why are you asking for my ID? I will gladly give you my name, address and DOB".

Or leave out the "If" at the start of the response. Or even leave out that last sentence and add it later depending on their response?
 

Maverick9110e

Regular Member
Joined
Jun 21, 2010
Messages
224
Location
Raleigh, North Carolina, USA
i don't get why they take your gun, can't you just give them the serial number if they feel so inclined? Why they need to physically handle my property is ludacris. Are you required by law to let them secure your weapon?


I'll show you mine if you show me yours? LOL
 

seaweaver

Regular Member
Joined
Jan 17, 2011
Messages
11
Location
Wilmington Island Ga/ Caldel Nc
In moving to NC I have been doing some scanning around picking up info.
There is a NC law that can be used against a person OC and it goes along the lines of: "carrying a weapon to terrorize" so if a giddy Durham mom saw you she can call the law in her hysterics and claim she is scared because you OC.
Then be ready to had out all sorts of ID.
But...I'll choose the hard way.
cw
 

XDUser

Regular Member
Joined
Mar 16, 2010
Messages
58
Location
WA
gattrop or however its spelled.
stupid little thing, not to fun to deal with but easy enough to beat.
 
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mattwestm

Guest
i don't get why they take your gun, can't you just give them the serial number if they feel so inclined? Why they need to physically handle my property is ludacris. Are you required by law to let them secure your weapon?


I'll show you mine if you show me yours? LOL

I doubt you are required by law, but most cops will unholster and take it without your permission.
 

rotorhead

Regular Member
Joined
Sep 18, 2010
Messages
862
Location
FL
Cite please? This sounds a lot like a stop and id statute that does not exist in NC.

Aight, gimme a few to find it. I'm pretty sure it's in there somewhere. Hopefully I'm not confusing the issue with laws from a different state.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
I try to avoid confrontations, so I'd probably just show my ID. If the cop has an attitude, I might go down the second road just to prove a point.

If you want the harassment to stop, stand up for your right to open carry.

Your tools:

Sterile open carry.

Grip tape on your gun (to preseve your guns serial number:lol:).

A voice recorder to record everything they say.

The nerve to remain silent

Live Free or Die,
Thundar
 

Smith45acp

Regular Member
Joined
Oct 16, 2009
Messages
434
Location
NC
There are no stop and id statutes, to my knowledge, that require you to physically show id. CA used to have one like that but it was struck down in Kolender V Lawson.

That might be what you're thinking about Rotor. No states require you to carry ID with you at all times, therefore it can't be unlawful not to provide it. In states that do have such statutes, what you described should work.

But some stop and id statutes go further than simply determining ID of a detainee. Some statutes call for an explanation of your activities. That's a 4th amendment nightmare IMO.

Regardless of where you are and what stop and id statutes there may be, ALL of these require that you be detained during a "Terry Stop". No officer can legally stop you, frisk you, and demand anything from you unless he or she can explain what crime you were potentially committing or about to commit.

I've done a lot of research on this, and it is surprisingly difficult to prove that something is legal (not showing / speaking your ID at request of an officer in NC).

But here is an interesting article tailored to NC, and written by a law firm that specializes in advising police departments across our state:

http://policehelp.net/pubs/2004/rollcallv3n7.pdf
 
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