If Federal Law does not require me to have an ID, how can a state law require me to show it to a police officer?

Asked about 2 years ago - Salt Lake City, UT

If Federally, i require no ID, then how can the state demand that i submit one to a police officer when asked? Is an ommision of a law to have something, in effect, a legal defense against striking down a state law that demands i have it. Couldnt it be argued, that the Federal System has no many laws, that by this point, if it doesnt have a law on something, the opposite is a law. If i dont require an ID federally, then i have the RIGHT to not own one, in which then i would have the right to not show a police officer on a state level because i am not required to have one to begin with.

I know it is a stretch, but i think it could be argued.

Attorney answers (1)

  1. Brian S Wayson

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Sure it could be argued, but it would be lost. You can either stay on federal land and comply with just federal law or comply with state law while on state land. If the federal government has not preempted the state's regulation of its own state or the power was not assigned to the federal government by the US Constitution, then the state is allowed to set the laws within its own borders.

    Best of luck to you.

    Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice,... more

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