I hate MD
Regular Member
If your open carrying while fishing do you have to show your ID is asked by the police and I'm not talking about the Florida Fish & Game police.
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fishing and ID
- Thread starter I hate MD
- Start date
Fallschirjmäger
Active member
Maryland is not one of the listed "Stop and Identify" states. There is no state identification card, but you can be required to have your license in your possession when performing any licensed activity. (And yes, I realize that a driver's license is everyone's de facto identification card.... but that doesn't mean that it IS one's identification card.)
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~*'Phoenix'*~
Regular Member
This one's about in Florida, I think.
As the statute pertains to the exception allowing open carry while fishing, there's nothing in it about ID, or CFWL, only that you are 'legally fishing.' This reasonably means that you should have any required fishing license for the location and type of fishing you're doing.
You may very well have to show a valid fishing licenseto prove you're legally fishing, but it shouldn't have anything to do with other ID.
Just ask yourself how much trouble you're willing to deal with while engaging in an activity okayed by a poorly written set of statutes, what, if any, ID's you want to willingly show.
As the statute pertains to the exception allowing open carry while fishing, there's nothing in it about ID, or CFWL, only that you are 'legally fishing.' This reasonably means that you should have any required fishing license for the location and type of fishing you're doing.
You may very well have to show a valid fishing licenseto prove you're legally fishing, but it shouldn't have anything to do with other ID.
Just ask yourself how much trouble you're willing to deal with while engaging in an activity okayed by a poorly written set of statutes, what, if any, ID's you want to willingly show.
ADulay
Regular Member
In the three times I've been "stopped" for open carrying on the motorcycle while heading back from my daily fishing run, I've never been asked for a fishing license. One guy DID ask me if I had one, as a kind of back door funny question, but other than normal ID, there's been no questions about a license.
Get one anyway. If you're going to OC and fish, may as well be "legal" all the way.
By the way, if Florida Fish and Game stop you and ask for a fishing license, YOU BETTER HAVE ONE!
AD
Fallschirjmäger
Active member
D'oh! Thanks, Phoenix, I didn't notice the subforum when I was looking at his origin.
The closest thing Florida has to "Stop and Identify" is 856.021 Loitering or prowling; penalty.—
(1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
(2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.
Leave your driving license in the car so it won't get wet,
carry the fishing license if you're going to fish,
carry the firearms license if you're going to carry,
and don't be ninja'n nobody that don't need no ninja'n and you'll be fine.
The closest thing Florida has to "Stop and Identify" is 856.021 Loitering or prowling; penalty.—
(1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
(2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.
Leave your driving license in the car so it won't get wet,
carry the fishing license if you're going to fish,
carry the firearms license if you're going to carry,
and don't be ninja'n nobody that don't need no ninja'n and you'll be fine.
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"Identifying oneself" does not mean producing ID, it means telling the officer your name. Without reasonable suspicion or a statute like 790.06 which states when carrying concealed you must produce both your CWFL and your ID on demand from an officer, you should not need to produce ID.
But then again, why would you not do so?
But then again, why would you not do so?
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ixtow
Founder's Club Member
Just like you CWFL, your fishing license is not valid without your State Issued Photo ID.
If you don't have your ID AND your Fishing License, you are not Lawfully Fishing. As such, your OC is illegal.
Fishing is an act that the State has granted itself extra-4th-amendment powers over. You have no 4th Amendment Rights while Fishing. Most cops don't realize this though. Those who have been stung by the 4th amendment before, will treat this as a consensual encounter. They can demand your ID and Fishing License, and you better produce it. The "OC while fishing" exception exists only for LAWFUL fishing. All of the above applies for you to be fishing lawfully.
However, you DON'T have to show them any CWFL or "gun" permit.... Welcome to Floriduh.
If you don't have your ID AND your Fishing License, you are not Lawfully Fishing. As such, your OC is illegal.
Fishing is an act that the State has granted itself extra-4th-amendment powers over. You have no 4th Amendment Rights while Fishing. Most cops don't realize this though. Those who have been stung by the 4th amendment before, will treat this as a consensual encounter. They can demand your ID and Fishing License, and you better produce it. The "OC while fishing" exception exists only for LAWFUL fishing. All of the above applies for you to be fishing lawfully.
However, you DON'T have to show them any CWFL or "gun" permit.... Welcome to Floriduh.
ID
what about camping and hiking, do you need to show your camping and hiking license,too!! No??? Aw shucks!!!
what about camping and hiking, do you need to show your camping and hiking license,too!! No??? Aw shucks!!!
ixtow
Founder's Club Member
There is no statutory permit for those. So, no.
There is one for fishing, tho. Read it. It's insane.
Fallschirjmäger
Active member
Ixtow, if it's not too much trouble, could you provide the link?
I'd like to add it to my little list of laws to be aware of.
I'd like to add it to my little list of laws to be aware of.
ixtow
Founder's Club Member
The statutes on Fishing/Hunting and Game in general are very hard to read.
http://www.leg.state.fl.us/statutes...ute&URL=0300-0399/0379/0379ContentsIndex.html
You really do have to read the whole damn chapter. Probably 3 - 4 times...
An important part of why that is comes here "any person who violates or otherwise fails to comply with any rule adopted by the commission shall be punished pursuant to s. 379.407(1)"
It's a loophole for the Fish and Wildlife Commission to bring the force of law to non-representative rule making. Whatever they feel like becomes law without any process. So, you'll have to read all that mess too... and it changes with the weather.
http://www.leg.state.fl.us/statutes...ute&URL=0300-0399/0379/0379ContentsIndex.html
You really do have to read the whole damn chapter. Probably 3 - 4 times...
An important part of why that is comes here "any person who violates or otherwise fails to comply with any rule adopted by the commission shall be punished pursuant to s. 379.407(1)"
It's a loophole for the Fish and Wildlife Commission to bring the force of law to non-representative rule making. Whatever they feel like becomes law without any process. So, you'll have to read all that mess too... and it changes with the weather.