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send it_hit
01-03-2011, 1:45 AM
I just read elsensei's post "Wolanyk V. San Diego," and let me say first, amazing display of calm under pressure, and standing firm in your rights. Well played sir. I also listened to the audio samples in that thread.

So this brings the question to mind for me; When am I legally required to show my CAID? Not 'when is it a good idea' or 'when should I just to be safe." I mean, when is it required and not a violation of my constitutional rights to demand it? Especially under threat of arrest or any litigation?

I am *sort of* new to the firearms community (been shooting my whole life, but never knew what that entailed and truly means to me as a citizen), so I am still trying to understand what I can and can't do (or should and shouldn't.)

Thanks everyone, you all truly inspire me and encourage me, and actually make me proud to be a part of something... even if that something is already a right we all have...

-Jacob

Purple K
01-03-2011, 2:03 AM
California has no statute that requires you to carry or present ID on demand. However, generally, if you are doing something that requires a license or permit you must produce ID on request of an LEO.

send it_hit
01-03-2011, 2:05 AM
would this include open carrying? thus needing to prove that I am of age to own/posess a handgun?

E Pluribus Unum
01-03-2011, 2:34 AM
would this include open carrying? thus needing to prove that I am of age to own/posess a handgun?

No. But they will likely detain and search you... and find any ID you have on you at the time.

jshoebot
01-03-2011, 2:48 AM
The only time you ever need to prove your identity (by providing ID) is when you are under arrest, or doing something that requires a license. You are never legally required to provide ID in any other situation, even open carrying.

juicemansam
01-03-2011, 3:09 AM
So if one is only required to present an ID while participating in something that requires a license, such as driving a motor vehicle, and bicycles are governed by some, if not all, of motor vehicle codes, are we required to present an ID, despite the fact that no license is required for using a bicycle?

negolien
01-03-2011, 4:02 AM
would this include open carrying? thus needing to prove that I am of age to own/posess a handgun?

...sigh If a cop asks you for id give it to em /shrug. If your UOCing and don't want to provide ID because your making a "statement" be sure to write down the calguns numbers you'll need em. I also urge you to remember these 4 words..DON'T TASE ME BRO!!!!!!:oops:

JDay
01-03-2011, 4:34 AM
...sigh If a cop asks you for id give it to em /shrug. If your UOCing and don't want to provide ID because your making a "statement" be sure to write down the calguns numbers you'll need em. I also urge you to remember these 4 words..DON'T TASE ME BRO!!!!!!:oops:

Bad advise, you should never do anything you are not required to do. Any time an officer makes contact they are attempting to build a case against you.

nagorb
01-03-2011, 4:58 AM
Bad advise, you should never do anything you are not required to do. Any time an officer makes contact they are attempting to build a case against you.

Sad, isn't it?

locosway
01-03-2011, 5:02 AM
I'm starting to think that someone should sticky the law in this forum.

Racer_X
01-03-2011, 5:47 AM
So if one is only required to present an ID while participating in something that requires a license, such as driving a motor vehicle, and bicycles are governed by some, if not all, of motor vehicle codes, are we required to present an ID, despite the fact that no license is required for using a bicycle?

No. You are not required to have ID on you when riding a bicycle.

GrizzlyGuy
01-03-2011, 7:46 AM
See here (http://www.calguns.net/calgunforum/showthread.php?p=5537592#post5537592) in the other active thread on this topic.

MudCamper
01-03-2011, 8:58 AM
One time when you are not required, than everyone thinks you are, is when you use a credit card. It really irritates me. That's why there's a signature on it. And requesting ID is actually a violation of both Visa and Mastercard's merchant agreement. But most clerks ask anyway.

pbchief2
01-03-2011, 9:24 AM
Much to my wife's dismay, I usually just leave when they demand id.

send it_hit
01-03-2011, 9:56 AM
I'm starting to think that someone should sticky the law in this forum..

+1...

NiteQwill
01-03-2011, 10:58 AM
One time when you are not required, than everyone thinks you are, is when you use a credit card. It really irritates me. That's why there's a signature on it. And requesting ID is actually a violation of both Visa and Mastercard's merchant agreement. But most clerks ask anyway.

Correct. Section 9-11 of Mastercard's Merchant Agreement and Page 27-29 of Visa's Merchant agreement: No sale is to be denied for failing to produce ID as long as there is a valid signature on the card.

The only major card you are REQUIRED to show ID if requested is American Express.

Decoligny
01-03-2011, 1:40 PM
The only time you ever need to prove your identity (by providing ID) is when you are under arrest, or doing something that requires a license. You are never legally required to provide ID in any other situation, even open carrying.

Not true. If you are driving a motor vehicle, you are required to show your license to any LEO that asks for it. They cannot however pull you over simply to ask for it, they need a legitimate reason. So, if you get pulled over because an officer sees a safety issue (burned out tail light for example), he can legally demand to see your license.

QQQ
01-03-2011, 1:47 PM
Not true. If you are driving a motor vehicle, you are required to show your license to any LEO that asks for it. They cannot however pull you over simply to ask for it, they need a legitimate reason. So, if you get pulled over because an officer sees a safety issue (burned out tail light for example), he can legally demand to see your license.

re-read the post you commented on. Specifically the phrase after the bolded part.