You can ask, but unless I'm breaking a crime or committing a crime and >> you don't have to be committing a crime. You can just be committing suspicious behavior and I have the right to ask you for your ID. >> Yeah. Well, you could again you could ask, but I can also refuse because again, it's my constitutional right not to. >> An officer tried to force ID on a man who was legally open carrying and taking photos in public. No crime, no suspicion. The man calmly invoked his first and second amendment rights, leaving police with no legal ground and no choice but to walk away. >> Hey, how are you, buddy? >> Pretty good. How you doing? >> Oh, not too bad. We just got a call about about a guy actually said you had a rifle. [laughter] The guy walking taking pictures of the >> SES. That That's awesome. A rifle. >> Yeah. >> I wish cuz I I'm actually looking at a an AR-15 with a forward grip and everything. Oh, >> you live here in Daybreak or >> Uh yeah. Well, I live up on Haramman, so >> Okay. You don't happen to have any ID on? >> Uh I do, but am I required to give it? Well, at this point, I'm just talking to you, you know, and I would I just like to get your name to document if somebody calls back because you're carrying a, you know, firearms. >> Uh, you could call me a good citizen, I guess. >> Okay. >> Because uh cuz if I haven't broken any laws by the law, I'm not I'm not supposed to like give an out. So, >> well, I'm I'm making a lawful request for it. I'm just asking. >> I I know. Well, you can ask, but unless I'm breaking a crime or committing a crime, >> you don't have to be committing a crime. You can just be committing suspicious behavior and I have the right to ask you for your ID. >> Yes. Well, you could again you could ask, but I can also refuse because again, it's my constitutional right not to give it up if I haven't committed a crime. >> Well, no, that's not the case. >> You don't have to. I I can request you to give me your ID and I can require you to give me ID. Just doesn't have to be a crime being committed. >> Well, there has to be a crime committed to get the ID. You can request it. That's the thing. When you said you can request it, doesn't mean I have to provide it unless I'm suspected of committing a crime. A good crime has been committed or I'm in you expect me of going to be committed a crime. >> Well, like I said, we just got to call a suspicious person on, you know, that is enough for me to to ask for your ID and for you to give me your ID. >> That car is right in the middle of the road, just so you know. >> Okay. So, >> but uh >> why don't you just go ahead tell me who you are real quick and we'll we'll be on our way. >> Well, I uh No offense, but I don't have to. If if if suspicion was a crime, a lot of people would be getting arrested. >> But >> well, I get there doesn't have to be a crime for me to >> request your ID. >> I'm just also going to point out that that car is literally stopped in the middle of the intersection. >> Okay. Well, that's >> and that's an actual crime and yet you're kind of getting on my case for just walking and flexing my rights. >> All right. Just hang tight for just a second. >> All right. >> Just all I would tell you is just educate yourself on what the laws are. I I have >> we're not going to have a push the shove with you about who you are, but just realize that yes, what he's as what he's telling you is actually correct. >> I But if I haven't committed a crime, there's no reason for me to provide the ID. You guys can request it all you want, but again, if there's no crime and just walking around, it's not like I have the right to say no. >> You do. And I' got to go back and read what that code says. I have so you understand it properly. >> Yep. I read it like 5 minutes before I left. Just know the only reason we want it is so that if people continue to call back is, hey, we've already spoke with John Doe, John's fine to be carrying a weapon. >> Yeah. Well, if if if someone does call and matches my description, you can be like, yeah, they it's legal for him to carry. It's legal. What he's doing is legal. So, their their worries and fears don't outweigh my constitutional rights. >> Well, how do we know that you're not a restricted person that's able to carry guns? That's >> Well, unless I commit a crime, you don't. And but that's again not on me. That's on you guys. And honestly, as I as you this officer has probably observed, I'm not worth a threat in any of that. >> If you are restricted, you're carrying a gun, then you are committed. >> Well, but again, >> the only way we can verify that you're restricted is to verify your identification. >> Exactly. But the only way to identify me is if I have committed a crime. If I had jaywalked, then by all means. But from what you've said, the only thing you've gotten is I was taking photos of a gas station and walking. >> Okay. Well, that's a suspicious behavior and that's enough for us to do. >> Yeah, that's enough for you to make contact, but not enough to ID. >> Well, when you're carrying a firearm and I don't have I don't know who you are and I don't know if you're a restricted person, that is enough. That's what we're saying. >> Usually law-abiding citizens that are out here carrying weapons. >> Not not necessarily because it's again our constitutional right to carry arms to walk around and also if no law has been broken to keep their identity safe. I know it's not like normal for people to do this, but I honestly wish people would because then honestly these kind of situations wouldn't happen as much because then you guys would know, oh hey, a call came in about a suspicious person walking around. He has a gun. Okay. Well, unless he's committed a crime, no offense, don't worry. >> Well, wouldn't you be concerned if you had kids running around or other people running around you or your kids? No. >> We can't identify firearms. Wouldn't that be a concern? >> Nope. I've actually come like I've given people like high fives and like shaking their hands for carrying weapons or flexing their rights. Like when uh California is having issues with the whole oh let's they can't carry handguns. I don't believe in that. I believe that people should be able to flaunt their guns or do whatever and walk around. As long as it's safe and they know what they're doing, then by all means if someone's like if I was waving my gun around me being like ah then yeah, by all means like that person shouldn't have had the guns. But >> I agree with you 100%. I think it's really people the constitutional rights if they carry weapons. >> Yeah. >> On the law side, the lawful side, I think, it's also our job to make sure people aren't carrying guns that are restricted. >> Yep. I understand that. >> That's why we're asking you for your ID to make sure that you're not one of those individuals that shouldn't be walking the streets. >> I I I do I understand where you're coming from and I I >> But at the same time, I still have my rights. like it it doesn't trump that you guys need to do an investigation, but if that investigation leads to breaking my constitutional rights, by all means, I have no legal legal obligation to help you guys. The only thing you guys have to go on is just walking around. That that's literally it. Just walking around and taking photos. >> Okay. >> I I I do understand where I'm not trying to be a jerk or trying to hinder it, but that is the con that is what the law says. Am I being detained or >> Bye-bye. >> All right. Well, thank you guys. >> Have a great day.