ID and carry?

[wittynitwit]

Howdy folks! New here, and not a frequent user of forums so I apologize if I'm bringing up a question whilst beating a dead horse with it.

Puzzling question crossed my mind earlier and I cannot seem to squeeze out an answer with my fledgling googlefu. I am a LTC holder here in the greatest state in the planet. Suppose I am in public, open carrying, but do not have an ID on my person while not breaking any laws, would being in possession of a firearm then be considered unlawful? Would this change if I were driving and pulled over for a traffic infraction?

I cannot find anything requiring identification to carry a firearm, just simply being qualified (ie. Of age, good legal standing, not in violation of 30.06, 30.07, 30.08. Etc). We are also not required to provide LTC.

If I am driving to the store and have my firearm and forget my wallet and am stopped for speeding, is there a greater implication?

Hoping someone can point me in the right direction here, TIA.

 

[Tnhawk]

... Suppose I am in public, open carrying, but do not have an ID on my person while not breaking any laws, would being in possession of a firearm then be considered unlawful? Would this change if I were driving and pulled over for a traffic infraction?

I wouldn't want to be stopped for a traffic violation while carrying, without a DL.
It would likely not be a good day.

 

[Axxe55]

FROM MY UNDERSTANDING THEY CAN DETAIN YOU UNTIL THEY DETERMINE A POSITIVE ID OF YOU

 

[ZX9RCAM]

Howdy folks! New here, and not a frequent user of forums so I apologize if I'm bringing up a question whilst beating a dead horse with it.

Puzzling question crossed my mind earlier and I cannot seem to squeeze out an answer with my fledgling googlefu. I am a LTC holder here in the greatest state in the planet. Suppose I am in public, open carrying, but do not have an ID on my person while not breaking any laws, would being in possession of a firearm then be considered unlawful? Would this change if I were driving and pulled over for a traffic infraction?

I cannot find anything requiring identification to carry a firearm, just simply being qualified (ie. Of age, good legal standing, not in violation of 30.06, 30.07, 30.08. Etc). We are also not required to provide LTC.

If I am driving to the store and have my firearm and forget my wallet and am stopped for speeding, is there a greater implication?

Hoping someone can point me in the right direction here, TIA.

Welcome to the Forum!

I always thought one needed DL and LTC on their person while carrying.

Not sure now that no LTC is required, but I will continue to keep both on me.

 

[Tnhawk]

Welcome to the Forum!

I always thought one needed DL and LTC on their person while carrying.

Not sure now that no LTC is required, but I will continue to keep both on me.

Without ID, how would an LE determine if you were legal to possess a firearm?

 

[wittynitwit]

Without ID, how would an LE determine if you were legal to possess a firearm?

Well it isn't illegal to be in public without an ID. You just have to identify yourself if suspected of committing a crime ie. Providing birth date, name and address.

I just didn't know if carrying a firearm either under constitutional carry or ltc authority changed those circumstances.

Law enforcement uses multiple centralized databases to be able to verify your identity.

 

[ZX9RCAM]

Without ID, how would an LE determine if you were legal to possess a firearm?

I can give LE my DL number and they can look it up.

ETA: Ninja'd.

 

[Tnhawk]

Well it isn't illegal to be in public without an ID. You just have to identify yourself if suspected of committing a crime ie. Providing birth date, name and address.

I just didn't know if carrying a firearm either under constitutional carry or ltc authority changed those circumstances.

Law enforcement uses multiple centralized databases to be able to verify your identity.

The OP asked about being stopped for a traffic violation, while carrying a weapon and NOT having his DL. It's much easier to carry a DL, vehicle registration and insurance card when driving from my experience.

 

[benenglish]

It's much easier to carry a DL when driving from my experience.

Sometimes it's unavoidable. I've been pickpocketed. That sucks for many reasons, not the least of which is that you're forced to drive without a driver's license in your possession for at least a little while.

 

[easy rider]

I've never given it much thought. While I have forgotten my wallet, at least once in the past several years, I didn't get stopped.

As to legality, I'm not much trusting of the so called justice system these days, so I wouldn't know the outcome for certain. I do know that LE can verify through questioning that you do have ID, just not on you. So I guess it depends on the person behind the badge how it will go down.

 

[Bozz10mm]

Hmm, so you forget your wallet and ID, but not your firearm?

 

[easy rider]

Hmm, so you forget your wallet and ID, but not your firearm?

Yes!

 

[Bozz10mm]

Yes!

Well, that was actually directed at the OP.

 

[easy rider]

Well, that was actually directed at the OP.

Well, I can say that after so many years of carrying, due to the weight ratio, I feel naked without the gun while the wallet is just a bulge in my back pocket.

 

[gll]

Hmm, so you forget your wallet and ID, but not your firearm?

Sounds like good priorities...

The only way I see this matters is if pulled over while driving, as the OP supposes, but I don't see where it goes beyond a citation for driving without a license if the OP identifies himself, since carrying doesn't require one...

...but, I need Todd to weigh in on this one, lol!

 

[easy rider]

Sounds like good priorities...

The only way I see this matters is if pulled over while driving, as the OP supposes, but I don't see where it goes beyond a citation for driving without a license if the OP identifies himself, since carrying doesn't require one...

...but, I need Todd to weigh in on this one, lol!

I would guess it probably also can change with location.

 

[cycleguy2300]

FROM MY UNDERSTANDING THEY CAN DETAIN YOU UNTIL THEY DETERMINE A POSITIVE ID OF YOU

Not exactly correct.

Simply carrying a firearm does not justify a detention and a detention must be resonanable in length.

Unless there is probable cause showing a crime was committed, (wondering about a person's identity is not a crime, and the deference must be towards presumption of innocence), a person should be free to go rather quickly.

Sent from my SM-S918B using Tapatalk

 

[Mowingmaniac 24/7]

There are quite a number of 'First Amendment Auditors' out there who while video-ing and remaining on public property sometimes LE will ask the videographer, you got ID on you?

It's my understanding, the videographer is not legally obligated to provide ID 'if' they're not committing a crime or suspected of doing so... but if ID is demanded (not asked) the videographer can simply refuse to produce an ID and hope LE will honor their oath knowing they can 'ask' for ID, but not 'demand' it.

However, if I was OC-ing, (not simply video-ing in public) I would definitely have either a DL on me or some other form of acceptable photo ID.

No, simply OC-ing is not grounds for being interrogated, but if it happens, are you willing to be 'cuffed and stuffed' for refusing to ID?

Certainly, you can refuse to ID, but why not save yourself the bother of arguing with LE?

I'm all for standing on principle about being coerced to ID in the 'First Amendment Auditor' example, but if OC-ing, I wouldn't balk about it.

Oh yeah, this is 'not' legal advice...it's my opinion.

Good Luck!

 

[ZX9RCAM]

Well, I can say that after so many years of carrying, due to the weight ratio, I feel naked without the gun while the wallet is just a bulge in my back pocket.

Instantly made me think of the potato joke.

 

[ZX9RCAM]

Not exactly correct.

Simply carrying a firearm does not justify a detention and a detention must be resonanable in length.

Unless there is probable cause showing a crime was committed, (wondering about a person's identity is not a crime, and the deference must be towards presumption of innocence), a person should be free to go rather quickly.

Sent from my SM-S918B using Tapatalk

Even if the person appears to be under 21?