NRS 202.3667 questions

[GoDavyGo]

NRS 202.3667  Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.
1.  Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.
2.  A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.
(Added to NRS by 1995, 2724)

I have a couple of questions in regards to the end of section 1 and all of section 2.

If I am NOT concealed carrying am I obligated to produce ID and permit upon request?

How is the fine issued and is it a criminal charge? Or more like a parking ticket?

 

[john-in-reno]

NRS 202.3667  Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.
1.  Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.
2.  A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.
(Added to NRS by 1995, 2724)

I have a couple of questions in regards to the end of section 1 and all of section 2.

If I am NOT concealed carrying am I obligated to produce ID and permit upon request?

How is the fine issued and is it a criminal charge? Or more like a parking ticket?

For question 1, you only have to produce ID if you are under RAS or PC (that's kinda a gray area because police dont always tell the truth or know the law) and according to Hiibel v. Sixth Judicial District, the only thing you have to produce for ID is verbally say your name, You don't have to spell it even if they ask! Your Drivers liceance is For driving or in the case of a CCW for your ID, or you could get a state issued ID that is not a liceance to show with the CCW. and if you are NOT concealing then No you do not nave to show ID and CCW permit even if they ask.

Now for number 2, I don't know?

 

[GoDavyGo]

For question 1, you only have to produce ID if you are under RAS or PC (that's kinda a gray area because police dont always tell the truth or know the law) and according to Hiibel v. Sixth Judicial District, the only thing you have to produce for ID is verbally say your name, You don't have to spell it even if they ask! Your Drivers liceance is For driving or in the case of a CCW for your ID, or you could get a state issued ID that is not a liceance to show with the CCW. and if you are NOT concealing then No you do not nave to show ID and CCW permit even if they ask.

Now for number 2, I don't know?

Thanks! I've been open carrying as of late and haven't had any issues thus far, but would like to be ready just in case and in the interest of not having my 4th and 5th violated I understand that OC is not probable cause and not cause to be forced to identify myself, but I didn't want to violate a rule of my CCW in doing so. I was worried I'd be caught in a catch 22 of sorts.

On the flip side of that if all I'd be faced with Is a $25 fine I'd be a little more inclined to take that on the chin.

 

[DON`T TREAD ON ME]

In the statute it states that failure to produce ID, or a CCW is a Civil matter, Police are not authorized to detain, seize, or arrest someo0ne absent an imminent crime. It is funny that in the circumstance without a crime, you do not have to tell them your name making it that much harder to write a ticket

 

[wrightme]

NRS 202.3667  Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.
1.  Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.
2.  A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.
(Added to NRS by 1995, 2724)

I have a couple of questions in regards to the end of section 1 and all of section 2.

If I am NOT concealed carrying am I obligated to produce ID and permit upon request?

How is the fine issued and is it a criminal charge? Or more like a parking ticket?

I do not know how it is issued, but it states right in the NRS that it is a civil penalty, not a criminal penalty.

 

[GoDavyGo]

I do not know how it is issued, but it states right in the NRS that it is a civil penalty, not a criminal penalty.

That's the part that confused me how do you formally summon somebody to a fine without any sort of proceeding ie criminal.

 

[wrightme]

That's the part that confused me how do you formally summon somebody to a fine without any sort of proceeding ie criminal.

Same way as a 'wasting resources' speeding ticket is handled would be my guess.

 

[MAC702]

...If I am NOT concealed carrying am I obligated to produce ID and permit upon request?

How is the fine issued and is it a criminal charge? Or more like a parking ticket?

If you are not concealing, you do not need to carry your permit or any ID. If you are stopped WITHOUT cause, you can tell the officer to go pound sand; but you'd better be right that he didn't have cause. If you are legitimately detained, you are not required to give him your ID (because you aren't required to even have it), but you are required to identify yourself.

If you are concealing but had forgotten your wallet (ID and permit), it is a $25 civil infraction. It is the same kind of ticket as if you had been driving and forgotten your wallet (driver's license). In most cases, it is a scolding from the officer and not worth his time to write the ticket.

Someone mentioned getting a state ID card. A driver's license IS the state ID card. If you do not want a driver's license, you can get a plain state ID card, but you can't have both.

 

[GoDavyGo]

. If you are stopped WITHOUT cause, you can tell the officer to go pound sand; but you'd better be right that he didn't have cause.

Ok so if I may bounce another scenario off of you let's say that I am CC and are stopped without cause do I have a duty to present my CCW upon request of identification?

Thank you for your reply your posts are always informative.

 

[MAC702]

Ok so if I may bounce another scenario off of you let's say that I am CC and are stopped without cause do I have a duty to present my CCW upon request of identification? ...

No, but again, you have to be sure he is just fishing. They aren't required to tell you what their RAS or PC is.

I would imagine that most of the time, I would probably roll over, but document everything, and write official complaints.

I've never been stopped outside of legitimate traffic stops.