What states have mandatory ID check?
- Thread starter Islander
- Start date
richardnorton
New member
Hey I also was with the Dallas PD during the 70's and I know at least back then if an officer had probable cause and asked for ID and you refused off to jail you went, so you could be identified. Not sure what the law is now but if I am asked I have no problem producing ID to include mt CHL. The state of Texas now allows carry in your car if the gun is cancelled and you are not a criminal under the old traveling part of the UCA law (the legislature finally defined traveling as being in a privately owned vehicle) and no requirement to advise an officer that you are armed when stopped. But of course good practice would have to advise so things don't get out of hand if the officer sees the gun.
Rusty_Shackleford
New member
UTAH Law: short version.
LEO would need probable/reasonable cause to stop and ask you to identify yourself.
Paper ID only required if involved with an activity needing a license (driving or hunting).
Firearm related:
You do not have to inform if carrying or tell them you have a CFP. (if they ask if you have a firearm during a lawful stop, you do need to answer truthfully)
You do not have to have your CFP permit on your person while Carrying. (they can call in to check it if they have a legitimate reason.)
Open Carry is legal in UT and OCing (alone) is not a legitimate reason for them to stop or detain you.
Word Up: It is good to be well versed in Utah Firearm Laws because some LEOs are not familiar with the laws or your rights and will sometimes try to enforce their Opinion.
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Some one mentioned: What if you are an Illegal alien?
I'm sure this comes from the misconception of the Arizona Law SB 1070.
the only people required to HAVE PAPERS With Them at all times, are those foreign nationals that are legally here on a Visa, Passport etc.
This is because, if they are legally stopped (reasonable cause) A foreign National would have a difficult time identifying themselves to LEOs by giving them a name and DOB as a citizen would.
The Requirement that Foreign Nationals Carry their ID Papers is a Federal Law and required in all 50 states.
Looking foreign or illegal is not a reason to stop and ask for ID not in any State of the union, including AZ.
LEO would need probable/reasonable cause to stop and ask you to identify yourself.
Paper ID only required if involved with an activity needing a license (driving or hunting).
Firearm related:
You do not have to inform if carrying or tell them you have a CFP. (if they ask if you have a firearm during a lawful stop, you do need to answer truthfully)
You do not have to have your CFP permit on your person while Carrying. (they can call in to check it if they have a legitimate reason.)
Open Carry is legal in UT and OCing (alone) is not a legitimate reason for them to stop or detain you.
Word Up: It is good to be well versed in Utah Firearm Laws because some LEOs are not familiar with the laws or your rights and will sometimes try to enforce their Opinion.
-----
Some one mentioned: What if you are an Illegal alien?
I'm sure this comes from the misconception of the Arizona Law SB 1070.
the only people required to HAVE PAPERS With Them at all times, are those foreign nationals that are legally here on a Visa, Passport etc.
This is because, if they are legally stopped (reasonable cause) A foreign National would have a difficult time identifying themselves to LEOs by giving them a name and DOB as a citizen would.
The Requirement that Foreign Nationals Carry their ID Papers is a Federal Law and required in all 50 states.
Looking foreign or illegal is not a reason to stop and ask for ID not in any State of the union, including AZ.
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Fallschirmjäger
New member
Short answer - No State in the Union requires a citizen to carry identification papers at all times, and no State requires State issued identification when not performing a licensed activity.
Slightly longer answer - Several state specify a person must identify himself when demanded by law enforcement, however, as no state requires identification must be carried, identifying oneself verbally has been deemed sufficient by the Supreme Court.
iRefusal to identify is an offense in a small portion of States, but most States do not criminalize the act of being non-cooperative.
Texas has Sec. 38.02. FAILURE TO IDENTIFY
HTTP://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.38.htm#38.02 Which only applies if one has been lawfully arrested or detained.
MONTANA
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46-5-401. Investigative stop and frisk.
...
(2) A peace officer who has lawfully stopped a person or vehicle under this section may:
(a) request the person's name and present address and an explanation of the person's actions and, if the person is the driver of a vehicle, demand the person's driver's license and the vehicle's registration and proof of insurance; and
INDIANA
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IC 34-28-5-3 Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
As added by P.L.1-1998, SEC.24.
IC 34-28-5-3.5 Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession; to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
((A good reason to leave one's license in the car in Indiana ))
COLORADO
16-3-103. Stopping of suspect.
HTTP://www.loislaw.com/livepublish8923/doclink.htp?dockey=8476613@COCODE&alias=COCODE&cite=16-3-103
(1) A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. A peace officer shall not require any person who is stopped pursuant to this section to produce or divulge such person's social security number. The stopping shall not constitute an arrest.
(The above list is part of an ongoing project and not necessarily all-inclusive.)
Slightly longer answer - Several state specify a person must identify himself when demanded by law enforcement, however, as no state requires identification must be carried, identifying oneself verbally has been deemed sufficient by the Supreme Court.
iRefusal to identify is an offense in a small portion of States, but most States do not criminalize the act of being non-cooperative.
Texas has Sec. 38.02. FAILURE TO IDENTIFY
HTTP://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.38.htm#38.02 Which only applies if one has been lawfully arrested or detained.
MONTANA
Link Removed
46-5-401. Investigative stop and frisk.
...
(2) A peace officer who has lawfully stopped a person or vehicle under this section may:
(a) request the person's name and present address and an explanation of the person's actions and, if the person is the driver of a vehicle, demand the person's driver's license and the vehicle's registration and proof of insurance; and
INDIANA
Link Removed
IC 34-28-5-3 Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
As added by P.L.1-1998, SEC.24.
IC 34-28-5-3.5 Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession; to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
((A good reason to leave one's license in the car in Indiana ))
COLORADO
16-3-103. Stopping of suspect.
HTTP://www.loislaw.com/livepublish8923/doclink.htp?dockey=8476613@COCODE&alias=COCODE&cite=16-3-103
(1) A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. A peace officer shall not require any person who is stopped pursuant to this section to produce or divulge such person's social security number. The stopping shall not constitute an arrest.
(The above list is part of an ongoing project and not necessarily all-inclusive.)
Chap
Member
Must Inform Officer: Yes or No
Link Removed
This US Map is hot-linked to the state Information and reciprocity maps for each of the states in the United States and its possessions. Simply click on the states abbreviation on the map to view that state's information page.
Top middle of each states page tells you if you must inform officer or not. On the right are links to each state statutes, read them for your self. Trust answers on forums but verify for yourself.
Chap
Link Removed
This US Map is hot-linked to the state Information and reciprocity maps for each of the states in the United States and its possessions. Simply click on the states abbreviation on the map to view that state's information page.
Top middle of each states page tells you if you must inform officer or not. On the right are links to each state statutes, read them for your self. Trust answers on forums but verify for yourself.
Chap
The Fifth Amendment says you have the right not to answer question that may incriminate you.
If you have a concealed carry permit and the state law of the state that issues the permit requires you to notify a LEO that you are carrying a firearm, you must do so or be in violation of that law. By that violation, you could lose your permit.
Nothing involved in the notification involves self incrimination.
Wild Bill Kelso
New member
In MN we are required to inform 'upon request'. The onus is on the officer to ask if you are carrying firearms, if they do not ask, you cannot be penalized for failing to inform.
Source State of MN website.
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Source State of MN website.
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I know this is an old thread but maybe someone knows the answer I'm looking for, which is similar to the OP's question.
I understand the 5th Amendment. What about the 4th? If I'm NOT carrying, but have a firearm legally in the glove box (which I'm not compelled by SC law to inform) do I have to show my ID to an officer that won't articulate why I'm being pulled over, or does articulate a reason that is not unlawful? Can I refuse to show ID if I feel I've done nothing wrong and the officer can't give me a lawful reason why I was pulled over?
Example: I'm driving and decide to flip off a cop in passing and he turns around and pulls me over, must I ID? SCOTUS has ruled that flipping off a cop is covered under the 1st Amendment, so that makes his stop unlawful unless I was breaking law by speeding etc.
If you have a firearm in the glove box, you are carrying. In the car, but you are carrying concealed because you have immediate access to the firearm. At least that is the law in my state, were notification is required. Any police officer will have a lawful reason for pulling you over, or he should not pull you over. I know there are officers out there that do not perform the job correctly, but they are actually the exception. Most traffic offenses are arrestable offenses and if you have violated a traffic law and refuse to show your ID, you can be taken to jail. A ticket is just a release to appear at a later date and if the officer does not know who you are and you refuse to show who your, you are bound for the lockup.
You may disagree, but, depending upon state laws, that is the way it works.
You may disagree, but, depending upon state laws, that is the way it works.
Reba
Sinner saved by grace
In SC:
SECTION 16-23-20. Unlawful carrying of pistol; exceptions.
It is unlawful for anyone to carry about the person any pistol, whether concealed or not, except as follows:
(9) Any person in a vehicle where the pistol is secured in a closed glove compartment, closed console, or closed trunk.
(10) Any person carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or a fixed place of business or while in the process of the changing or moving of one’s residence or the changing or moving of his fixed place of business.
(12) Any person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol about his person, under conditions set forth in the permit. Persons authorized to carry weapons pursuant to items (6) and (12) of this section may exercise this privilege only after acquiring a permit (CWP) from the State Law Enforcement Division as provided for in Article 4 of Chapter 31 of Title 23.
Numbers (9) and (10) refer to any person, with or without CWP. Number (12) requires CWP.
SECTION 16-23-20. Unlawful carrying of pistol; exceptions.
It is unlawful for anyone to carry about the person any pistol, whether concealed or not, except as follows:
(9) Any person in a vehicle where the pistol is secured in a closed glove compartment, closed console, or closed trunk.
(10) Any person carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or a fixed place of business or while in the process of the changing or moving of one’s residence or the changing or moving of his fixed place of business.
(12) Any person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol about his person, under conditions set forth in the permit. Persons authorized to carry weapons pursuant to items (6) and (12) of this section may exercise this privilege only after acquiring a permit (CWP) from the State Law Enforcement Division as provided for in Article 4 of Chapter 31 of Title 23.
Numbers (9) and (10) refer to any person, with or without CWP. Number (12) requires CWP.
XD40scinNC
New member
The original question posed by the OP was "stop & identify", and nothing to do with guns, carry or any gun laws.
Yes, that is pretty much my question. If I'm NOT carrying, am I compelled to show my ID for a stop that I feel is unlawful. In some states you only have to show ID if you're pulled for an infraction of the law. In the example I provided, there was no infraction of the law. Am I compelled to ID?
I have a CWP but in my example I'm not carrying.
