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April 28, 2024, 06:24:30 pm
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Author Topic: When to identify?  (Read 2663 times)
Ed W
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« on: December 05, 2010, 10:41:06 am »

Here's a question.  TW has a letter-to-the-editor about open carry, the practice of carrying a firearm without any concealment.  Oklahoma law presently makes this illegal.  While we could debate this - and we probably will - my question is peripherally related. 

If open carry was legal and a police officer were to see someone carrying a firearm openly, should that person be legally required to identify himself to the LEO when asked?  Frankly, I'm a little confused about the matter as it stands now.  I was under the impression that we had to identify ourselves to the satisfaction of an LEO, but I'm told that is not true. 

To sum up:  First, what are the present requirements regarding identification?  Second, should open carry be legal?  And finally, if open carry were legal, should an armed citizen be legally obligated to identify himself to an officer of the law when questioned?
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Ed

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custosnox
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« Reply #1 on: December 05, 2010, 11:23:16 am »

The identification of current CCW is simply providing the CCW license, which is a legal, picture ID.  I would consider it akin to driving a car, when you are stopped you provide your drivers license as proof of who you are, and that you are allowed to drive. 

As the law stand, we are required to inform law enforcement that we are carrying, which I have found is best to do simply by handing them my license first and saying I'm carrying, whenever we come in contact.  I just question the deffinition of contact.  Obviously whenever you are detained for whatever reason (i.e. pulled over for speeding, giving a witness statement, ect) or even when you contact them for whatever reason such as filing a report, that would meet the requirement.  But what about passing one in QT?  What if you say hello as you pass?  What, exactly, constitutes contact? 
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BKDotCom
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« Reply #2 on: December 05, 2010, 02:32:35 pm »

I'd say "contact" is pretty much anything more than just a passing simple hello.

Open carry.. that's a whole different animal..   
How is Joe Citizen to know whether or not Bob Open Carry is carrying legally?

I'd expect the number of posted no gun's allowed / gun-buster signs to skyrocket.
Which is already a confusing mater to those carrying legally.
I "think" the consensus is that anyone carrying concealed into a "no guns" establishment is legally trespassing.

Attorney General has not gave an official opinion on the matter.
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custosnox
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« Reply #3 on: December 05, 2010, 05:41:19 pm »

It would seem to me that using that kind of reasoning to check to see if someone is carrying legally or not could quickly be turned into reason to check for any reason on any situation.  How long until they start checking anyone walking down the street because they might have something illegal an them? I know, a long difference between tht two, but the slope exists.

As far as the trespassing part, it is my understanding that, at least in oklahoma, your not considered to be trespassing unless you have been verbally told to leave, and given a chance to leave.  So not sure how it would carry over to this.
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Conan71
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« Reply #4 on: December 06, 2010, 10:08:52 am »

1) No idea/opinion

2) Open carry is a bad idea and it's a relatively small percentage of gun owners who want this.

3) As it stands now a CC holder has to let an LEO know they are carrying if they are asked for ID for any other reason like a contact via a traffic stop.  As far as requiring it of open-carry for any random reason, as it stands now an LEO could ask for my ID while I'm walking through a parking lot if I look suspicious or fit the description of someone who just robbed the Jiffy Mart down the block.
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"It has been said that politics is the second oldest profession. I have learned that it bears a striking resemblance to the first” -Ronald Reagan
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