|June 8, 2012, 07:03 AM||#1|
Join Date: February 20, 2010
Location: Western Victoria
Open carry question
Please pardon my ignorance, I don't live in the USA and have a question in regards to 'open carry' rules.
Do the police have the authority to demand I.D of someone who is observed 'open carrying'???
I found a you tube video of a guy who decided to go for a walk with his Ak-47 (I think in Michigan??) and there was an inevitable confrontation with authorities and he found himself looking down the barrel of (several) M-4 carbines. He then goes of on a rant about 'I am not breaking the law so therefore i don't have to talk to the cops' thing.
Surely the police can legally require I.D and be given the opportunity to confirm the identity of the person observed in a public place with a firearm??
Are cops supposed to take your word for it that you; are legally allowed to carry and do not have a criminal history?
What possible positive outcome could there be of refusing to Identify yourself to police and they can clearly see you have a firearm?
Or is this just a cute trick conducted by people looking for a civil litigation claim at a later date??
You gonna pull those pistols or whistle dixie?
|June 8, 2012, 07:22 AM||#2|
Join Date: February 10, 2010
this recent thread discussing open carry and the requirement to ID in some circumstances can add mroe light to the topic for you.
Second, and to directly answer your question, it depends on the entirety of the situation if a person is required to ID his/herself. If its a consentual encounter, then no, a person is not required to ID him/herself. If a person is detained then generally yes, a person must ID him/herself (the laws on this vary depending on state).
Yes, in my view this is just an ego trip for certain people trying to "fish" for a payout since most town/city/county/state lawyers will figure the cost of a trial, even if it is a complete farce, and offer a payout to make the person go away in an attempt to save money in the long run. Personally I would prefer to see the town/city/county/state lawyers actually fight for a not guilty when it is clear the officer did the right thing, again in my opinion.
Last edited by Fishing_Cabin; June 8, 2012 at 07:28 AM. Reason: edit first sentence