Miami Beach Police Detain Floridians Exercising Second Amendment Open Carry Right Protected Under State Law

Miami Beach Police Open Carry Arrest

courtesy local10.com

This weekend, Miami Beach police officers handcuffed and detained a group of Floridians as they were exercising their Second Amendment rights in an open carry demonstration at South Pointe Pier on Sunday. In a statement the MBPD gave to WPLG Channel 10 News;

Ernesto Rodriguez, a spokesman for the Miami Beach Police Department, said officers briefly detained six armed men at the popular tourist destination around 11 a.m. However, police quickly determined the men were legally allowed to carry the weapons and released them, Rodriquez said.

“Out of an abundance of caution we have assigned two MBPD officers to the pier while they remain,” Rodriquez said. “We are encouraging visitors to use other portions of South Pointe Park.”

NBC 6 News Miami reported that . . .

“Interview of the individuals revealed the fisherman were relying on Florida State Statute 790.25 (3) as the basis to openly carry their firearms,” the Miami Beach Police Department said in a statement. “After reviewing the documents it was determined they were acting within the law. The fishermen have been allowed to stay.”

Florida Statute 790.25 (3) allows open carry while fishing, hunting, camping, attending a gun show or shooting.

What isn’t reported in news accounts of the event is that the incident was a public gun rights protest organized by Florida Carry which notified Miami Beach Police in advance that they would be legally exercising their rights under Florida law.

Rather then familiarize themselves with the law, Miami Beach police cuffed and detained the protesters, violating their civil rights.

Here is a series of conversations one of the protestors had with the Miami Beach Police Department in advance of the event. It’s clear that none of the officers this person spoke to was even remotely familiar with state law.

And here are videos showing what happened on Sunday (some language NSFW) when the protestors were detained for “officer safety.”

 

comments

  1. avatar rc says:

    I smell lawsuit.

    1. avatar Geoff PR says:

      They ought to, but the reality is, now the ‘Mad Mommies’ will get open carry fishing outlawed…

      1. avatar Mark N. says:

        That’s what happened in California. The outraged soccer moms accomplished in very short order all non-CCW carry in all urban areas in the state. Apparently legislators are more responsive to T&A than to 2A demonstrators.

        1. avatar Daniel says:

          What killed it in California was simple. If the police are receiving person(s) with gun calls they have to respond. Time and time again it was found to be an open carry group displaying their then right to open carry. After a few of these responses the chiefs and sheriffs will let their legislators know about what they see as a risky situation because officers respond quickly to these calls and a waste of their manpower after several of these incidents were found to be open carry groups. Now as a retired cop I can tell you that most cops …not necessarily chiefs or sheriffs have no problem with open carry or ccw. When you do something deliberately to cause attention aka an incident you will cause the chiefs/sheriff to get fed up and turn on you. The legislators tend to believe every word coming out of an anti gun chief or sheriff………think LAPD, LASO and SFPD and others. Pressure from LE execs drove the agenda. Sorry but a case of shooting yourself in the foot! Not right but in California and many other states you have to know walking around visibly armed without a badge or LE uniform is going to trigger a police response. The sheep in California will call on anything that remotely looks like a gun and I bet near NYC is the same.

        2. avatar Danny L Griffin says:

          You do realize that 45 states allow open carry, right? Although a few of them only do it technically because they don’t allow anyone to carry, most of the United States allows open carry and has zero problem with it. Why is Florida special?

      2. avatar Donttreadonme says:

        Is it better not to exercise it at all? Ive heard that argument and its self defeating. My bigger problem is that these law abiding citizens were detained and harrassed by police because the cops were ignorant of the law.

        1. avatar Ansel Hazen says:

          And it seems these cops got schooled by law abiding citizens. This is why statements like this need to be made. And it should be done in an ever increasing manner, more public exposure. Rats get away with their dirty deeds if you let them stay in the dark.

        2. avatar Danny L Griffin says:

          the cops were ignorant of the law

          Do you really think that? Honest to God, do you actually believe that Florida cops are that incredibly stupid?

          I mean, that would be beyond belief stupid. Like ridicule on a daily basis stupid. Florida Carry has been staging these open carry fishing events for eight years all across the state! They make the news.

          Plus knowing when people can and cannot possess guns is kind of important in their line of work. So you are stating that Florida cops have the IQ of a marshmallow.

        3. avatar monte johnson says:

          Same in Arlington TX, arrested for an m92pap pistol
          On my own property. They charged me with unlawful possession of a short barreled rifle. It had no stock no forward grip and a 10 inch barrel. According to state and federal law it is a pistol. Out of the 20 or so cops who showed up knew anything about the law.

        4. avatar borg says:

          In some cases the cops have no respect for the law.

    2. avatar CZJay says:

      They will claim they didn’t know the law, thus getting immunity because they work for the government.

      Maybe the cop that pointed the gun would get written up, but not fired.

      1. avatar Chadwick says:

        Pretty crazy how ignorance of the law isn’t a defense for the people on this side of a badge or politician’s podium. And here I thought we were supposed to be without classes.

    3. avatar frank speak says:

      it would be nice if the cops….you know….ACTUALLY KNEW THE LAW!…

  2. avatar FedUp says:

    Is “briefly detained” a synonym for “assaulted with deadly weapons” now?

    These idiots really haven’t figured out what Tampa PD learned years ago yet?

    Just like CJ Grisham in Texas, they even called the PD first so the cops wouldn’t get taken by surprise and screw it up.

  3. avatar Tom in Oregon says:

    The officer in the second clip needs to be arrested.

    1. avatar jwtaylor says:

      I would have preferred shot on the spot, but jail would be acceptable. My chief would have likely done either himself.

  4. avatar Joe R. says:

    FL needs a sink hole.

    Capped by a meteor.

    1. avatar Sean in Tampa says:

      Why? Where will you send your old folks and homeless?

    2. avatar New Continental Army says:

      South FL, maybe. Northern, western, and a good portion of central Florida is a lot like Georgia and Alabama, actually.

  5. avatar Danny L Griffin says:

    The news articles are a big lie! First of all, they were not detained briefly, they were held for two hours and put in handcuffs. Second of all, this is wrong: “The fishermen have been allowed to stay.” They were kicked off the pier and not allowed to stay.

    Read up on the Florida Carry facebook group. (Closed group, you must join).

  6. avatar Danny L Griffin says:

    I wonder if the cops are subject to this Florida fish and game law?

    379.105 Harassment of hunters, trappers, or fishers.—
    (1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
    (a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
    (b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
    (2) Any person who violates this section commits a Level Two violation under s. 379.401.

    1. avatar California Richard says:

      Doubt it…. the intent of the law is to protect people from libtard protestors. We can /sarc/ and complain back and forth how the dumb cops are “obviously libtard statists who just want to harrass fishermen and should be prosecuted”, but it aint going to happen. At least not under this law.

      They should sue the department, but that law suit will only last as long as it takes for the pushover governor to sign a bill outlawing open carry under these circumstances…… Hello Florida; welcome to California! The land of Reagan, where conservative values are murdered and its written off as a suicide

  7. avatar Danny L Griffin says:

    Also, the Miami Beach PD closed the pier and lied to the visitors trying to enter that the water was contaminated, that was the reason.

    The Florida Carry attorney is all over this. He has already contacted the Chief of Police and demanded that he “preserve all records related to this incident including any written notes taken by officers.

    Furthermore, please consider this a public records request for all radio traffic, police reports, CAD reports, 911 calls, non-emergency police calls, body camera videos and any other records in the possession of the city whether in print or electronic form regarding the incident at the South Pointe Pier this morning.

    Please produce all records in their original format.”

  8. avatar Rusty Chains says:

    Typical big city Democrat cop shop. “The law is what we say it is, now sit down and shut up.”

  9. avatar Who is John Galt? says:

    I really hate how weak this country has become. Fewer and fewer people know how to shoot a firearm, much less safely handle one. And now, if they see someone carrying, it’s time to get drenched in fear and call the cops on them who, in many cases, offer a grossly over-reactionary response.

    We used to be a nation of adults. What happened?

    1. avatar Kenneth says:

      The “Great Society” and FDR happened, that’s what. All in straight accord with the 8 (or nine…) stages of society. This is dependence, the stage in which the sheeple are trained to trust in the ‘Authorities'(whoever the grand poobah of the moment might be) in all things, and abandon common sense.
      Next comes apathy, the stage where the sheeple care for nothing, because they just trust in their grand poobah, who then leads them into total bondage(slavery).
      Google “stages of civilization”…

    2. avatar CZJay says:

      I see a tendency of police — who don’t support human rights — to cower in fear when there is a real threat and become superheroes when there is no threat. It’s as if the government is actively seeking those types of people to work for them.

      If you give them power they will use it:

      1. avatar Garrison Hall says:

        Kill your dog, shoot your kid = police safety w/ implied immunity. They just want to go home at night like everyone else. Think these guys wouldn’t kick in your door and confiscate your guns?

        1. avatar Weapon Of War says:

          Many would, gladly. Logistical problems would prevent it on a large scale. There are more of us than there are of them. They would need the Nasty Guard or regular Army. Then the problems would exist with those in uniform not complying with bullshit orders.

        2. avatar GunGal says:

          My Lord, that was brutal. “attacked by dog”
          Officer, can you honestly say you were in fear of a couple of little ankle biters? AND in front of children!

          I believe a lot of this kind of person was either a bully in his youth or was a victim of a bully?
          Whatever, hope Karma bites you in your ass, what you just demonstrated is what a coward you really are.

          I dealt with the occasional nasty little dog when I was a paid petsitter. Always had a cane with me. Amazing how quickly a stick will backup an a badly behaved critters. If he had just pulled out his nightstick, those little dogs would have been under the bed in a flash and not come out for hours if not days.
          Where’s my eye bleach? That’s something you just can’t unsee.

        3. avatar CZJay says:

          Honestly, at this point it has become disgusting.

          You think those kids are looking at law enforcers as noble heroes or the big guys dressed in black who shoot your doggy and your family?

          I wasn’t indoctrinated to dislike police it was the other way around, but I learned differently through experiences with them. I wouldn’t have minded being a cop until I realized that good people don’t stay cops for long.

          Now that I am older, I know the less interaction with police the better; try to solve your problems without them and keep to yourself. I see little kids also want to keep distance from cops because they sense a dark/scary energy from them (for whatever reason their fresh brain comes up with).

          Cops no longer have a good image. Cops like to blame the media or politics for that. If cops were such great Americans all the time no one would believe those people. In other words, you’re not doing a good job at being the “good guy.” That’s not our fault, that’s yours and your “brother’s.”

          By the way, former cops seem to be a lot better Americans than current cops. I rather see a lot more former cops and a lot more armed citizens.

        4. avatar Garrison Hall says:

          Earlier generation cops I’ve talked to mention the cultural change that’s occurred as they’ve retired. The current generation of cops is very different from their forebears. Police unions exercise actual management authority in most urban police departments. Hiring standards are more lax than before and people who would have been fired for repeated examples of bad behavior and even criminal acts are allowed to keep their jobs or move unhindered to another PD. I used to respect the police. Now I’m fearful of them.

        5. avatar Danny L Griffin says:

          Earlier generation cops I’ve talked to mention the cultural change that’s occurred as they’ve retired. The current generation of cops is very different from their forebears.

          This is what I’ve heard and read as well from several departments in MI and IN. But one specific cop on the Indiana Gun Owners forum (INGO) stated that the older, more seasoned cops he works with are more likely to respect rights and treat people better. However, he wrote that he’s confident that the new crop of young recruits he works with would have no problem confiscating firearms wholesale if their command told them to. If I remember correctly he attributed most of it to the academy teaching an US v. THEM attitude. Not sure if any of them who are ex-military plays any role or not. I would hope that the ex-military people would respect others and rights more.

      2. avatar jwtaylor says:

        He shot inches from that little girl, who ran right behind the dog. She’s so close to the dog that you can see her completely flooded in the gun’s frame mounted light. He points right at the little girl and fires inches from her feet. There’s reason she’s screaming “my eyes”. She was looking right at the barrel of the gun, almost right down it, when he fired.
        Completely out of control.
        That piece of trash has no business being in uniform.

        1. avatar Danny L Griffin says:

          Wasn’t she hit by a piece of shrapnel from the round?

        2. avatar jwtaylor says:

          I don’t know, but it wouldn’t surprise me at all. That cop lost all control.

        3. avatar Geoff PR says:

          “That piece of trash has no business being in uniform.”

          He was fired…

    3. avatar H says:

      Or a little girl holding a bottle of water,
      selling to buy tickets to Disney World. Cops called!
      I don’t know. Didn’t kids used to have lemonade stands?
      Capitalism.

      It all worked out. Another concerned citizen bought the little girl four tickets to Disney.
      Watch out little one. Disney is in Florida.

  10. avatar Joe R. says:

    Say it with me. . .

    F V C K

    F L O R I D A

    1. avatar CZJay says:

      I always seen Florida as a place that doesn’t truly support the right to keep and bear arms. Not letting people open carry and requiring licenses. The police there don’t seem to be on the people’s side.

      Florida was never on my list of states I would move to.

    2. avatar Curtis in IL says:

      Florida is like most states.
      Full of beauty, wildlife, natural resources, agriculture and mostly good people.
      Pockmarked by a few fairly large cities filled with ignorant, statist buttheads, some of which were imported from similar cesspools in other states.

  11. avatar rt66paul says:

    A few LEOs getting fired and loosing their pensions will change that type of thing very quickly.

    1. avatar Danny L Griffin says:

      We can only hope. Unfortunately it won’t happen. 🙁

    2. avatar CZJay says:

      Won’t happen because they have the entire government and a police union to protect them from that.

  12. avatar Gator says:

    Legality aside, these open carriers knew what they were getting in to and got exactly what they wanted. They are not victims. Let the legal chips fall where they may.

    1. avatar Danny L Griffin says:

      Being arrested for a lawful activity does not make one a victim? Wow.

      1. avatar FedUp says:

        It’s not as if they S*W*A*Tted themselves, like the long gun open carrier mentioned the other day.

        They just tried to have a peaceful and lawful gathering, even attempted to coordinate with police to prevent any S*W*A*Ttings or other unpleasantness.

      2. avatar Silphy says:

        Gonna back up Danny here. You’re an idiot Gator. That’s like saying a person who goes to a supermarket should expect to get arrested for trespassing. Sit and spin

      3. avatar Kenneth says:

        Not in the mind of a ‘progressive’ sheep, it doesn’t. In such minds the only criminality that exists is whoever, or whatever, the authority figure says it is. Since the authorities arrested them, they are guilty. Period, full stop. Such does the ‘mind’ of a sheep function. If one can call such inactivity ‘functioning’…

      4. avatar CZJay says:

        With allies like that, who needs enemies?

      5. avatar Gator says:

        They weren’t “arrested”.

        This event was designed to poke the bear. And they did. And the bear poked back, which I’m sure they all expected.

        All these clowns are doing is exploiting a loophole in Florida law.
        All they are going to accomplish is have Florida law changed to exclude nonsense such as this event.

        1. avatar Danny L Griffin says:

          First of all, they were arrested. They were in cuffs for two hours. Just because they were let go doesn’t mean they weren’t temporarily under arrest. Do you think the people in Leon Valley, TX were just “detained” because they were only detained for eight hours? Perhaps you would prefer the term unlawfully detained since there have been many rulings in states (not sure about Florida specifically) that say detainment is a short period of time (think 15 minutes, not 120 minutes).

          Second of all, eliminating the OC while fishing law doesn’t seem like a big loss if people are already prohibited from doing it by the police. That’s why the PD needs to be held accountable.

          PDs all across the country have had to pay to settle lawsuits for unlawful detainment and unlawful arrest for open carry.

        2. avatar Gator says:

          They weren’t arrested. Get over it. These are big boys. They knew what they were getting into.

          I’ve been to that spot many, many times. You haven’t. South Beach is 100% dependent on South American and European tourism. The place is crawling with wealthy tourists. The locals will not put up with open carry under any circumstances as open carry will scare away the tourists. Expect Disney World to allow open carry before South Beach. Florida is dependent on tourism. Each state will conduct it’s affairs as it sees fit. Florida legislature will in all likelihood balance tourism concerns with our present concealed form of firearm carry. Deal with it.

          If these open carry guys continue to exploit the fishing and hunting loophole in the law, the Florida legislature will likely simply close the loophole.

        3. avatar Danny L Griffin says:

          It’s not a loophole in the law, it is specifically allowed–on purpose.

        4. avatar CZJay says:

          It’s unfortunate you continue to live in America.

        5. avatar Danny L Griffin says:

          They weren’t arrested. Get over it.

          So you don’t think the lawsuit against the Miami Beach PD will be successful?

        6. avatar California Richard says:

          SCOTUS ruled on it years ago. They were “arrested”. They weren’t charged with a crime but they were not free to go under suspicion of committing a crime (any crime with probable cause!!.. so were hoping the police), placed in cuffs, moved from the scene, questioned, and held against their will for several hours. Detentions lack all of these things and are very limited in timeframe and inconvenience to the citizen usually under the auspices of “reasonable suspicion”.

          US v Sharpe… keep in mind this was a 20 minute “detention” that SCOTUS ruled an unlawful arrest based on time of the detention alone. AND, the defendants actually were committing a crime. https://caselaw.findlaw.com/us-supreme-court/470/675.html

        7. avatar Danny L Griffin says:

          California Richard, thank you!

        8. avatar Gator says:

          I said “Let the legal chips fall where they may”.

          Clear enough.

          Keep moving the goal posts. My goalpost is that I know Florida will not allow open carry. Under any circumstance.

        9. avatar Danny L Griffin says:

          Florida already DOES allow open carry under certain circumstances. And I’m not moving the goalposts. My position is clear–they were under arrest. Also the Miami Beach PD will be sued for it. I can see the potential for both a state and a federal lawsuit. Florida Carry’s attorney has already demanded to the PD that all records pertaining to this event be kept for discovery.

        10. avatar California Richard says:

          “Keep moving the goal posts. My goalpost is that I know Florida will not allow open carry. Under any circumstance.”

          Well,… by all means don’t let that pesky Constitution (which sets limits on government power) or the inconvenience of statutory or case law (which sets limits on everybody including the state and law enforcement) get in your way!…. you do realize you are advocating for tyranny right?

        11. avatar LarryinTX says:

          Wow. Lotsa mouth goin’ on, here. Does anybody *KNOW* whether they were arrested or not? Just because they were handcuffed and detained does not mean they were arrested. And if they were actually arrested, that opens the doors for “false arrest” charges and lawsuits, so I, for one, doubt it. But I don’t know. Some here seem to be claiming they DO know. How would that be?

        12. avatar Silphy says:

          https://criminal-law.freeadvice.com/criminal-law/arrests_and_searches/police_arrest_procedure.htm

          Something ultimately for courts to decide. That said, I note the length of time detained and use of handcuffs as a major factor, on top of existing proof that the police had sufficient notice that they were going to be doing this, and legally so. In my (non-professional but educated) opinion….false arrest.

        13. avatar jwtaylor says:

          Larry in TX

          Yes, this is clearly an arrest. There isn’t any real question as to if this was an arrest. IF the police had not moved them to another location, there could be some question as to if they were just temporarily detained, (like in a traffic stop or a “Terry Stop”), but the second they placed them in hand-cuffs and moved them to another location, they were by any definition under-arrest.

          From The Criminal Law Handbook, 2018 edition:

          An arrest requires taking someone into custody, against that person’s will, in order to prosecute or interrogate. It involves a physical application of force, or submission to an officer’s show of force. In sum, the arrestee must not be free to leave. Whether the act by the police is termed an arrest under state law is not relevant.

          When deciding whether someone has been arrested, courts apply the “reasonable man” standard. This means asking whether a reasonable person, in the shoes of the defendant, would have concluded that he or she was not free to leave.

          No arrest happens when an officer approaches someone in a public place and asks if the person is willing to answer questions, as long as the officer does not restrain the person.

          https://www.amazon.com/Criminal-Law-Handbook-Rights-Survive/dp/1413324703/ref=sr_1_1?ie=UTF8&qid=1529963763&sr=8-1&keywords=the+criminal+law+handbook&dpID=51LVI5Q4tDL&preST=_SX218_BO1,204,203,200_QL40_&dpSrc=srch

        14. avatar LarryinTX says:

          Thanx, JWT, I can get with that. I missed the fact that he was *moved*. Sorry, “detained” does not include “moved” in any universe I know of, I could argue with handcuffed but not with moved, and definitely not with “handcuffed AND moved”. I smell a lawsuit or a prompt settlement to avoid one. And they should repeat the process as soon as they are released, and once a week until the cops no longer respond.

      6. avatar Gator says:

        Why is it so important to you that these open carriers sue MBPD?

        1. avatar BR says:

          Obvious, governments need to understand that the power is with the people not the government themselves. If the people, in other words us, don’t stand up for our rights and hold the government and its affiliates accountable for actions it does in clear violation of law and individual civil liberties then we might as well move to a despotic community so we can save time.

          I’m in no mood for Despotism so yes I’m speaking up. So should everyone else. Individual rights help everyone and governments have a tendency to forget that and require that citizens remind them of it.

    2. avatar Luis Valdes says:

      The same could be said about Black Americans marching in the heart of Dixie, while carrying signs demanding to have equal rights as an American in the 1960s. I mean, they knew what they were getting into according to some here.

      So it is okay for Government to violate someone’s rights, especially when they are covered under and acting in accordance with the law?

      1. avatar Kenneth says:

        AND… the ones had previously discussed the action with LE, and had it all cleared.
        The authorities reaction? “Not good enough”!
        Could they make it any clearer that we are no longer under the rule of law, but have traded it for rule by the burrocrats whims?

        1. avatar patrulje68 says:

          “burrocrats”, apt family friendly description.

        2. avatar FedUp says:

          I don’t know of the malapropism was accidental or deliberate (like Persecuting Attorney), but burrocrats is a good one, especially in light of the Democrats’ mascot.

        3. avatar Kenneth says:

          Unfortunately, I cannot take the credit for “burrocrat”. It was in a Gallagher Showtime special back in the 1980’s. I believe; “The Bookkeeper”. Something like; “I spell it B U R R O, like they act”.
          So the credit belongs to him.
          I saw him in Billings Mt. The last set of live shows he did. Best live event I’ve ever attended. A four hour show, no opening act. Plus he was out in the lobby and signed the “T” shirt I bought during the intermission . He worked harder than any other entertainer I’ve ever been to. A real class act.

    3. avatar Chadwick says:

      Drinkin that libtard gggggg Gatorade? How dare they exercise their rights! Didn’t they know only democrats can do that?

    4. avatar pod says:

      Gator,

      We live here. Eurotrash and South American drug lords do not. All the tourists could go elsewhere and we’d be fine.

      1. avatar Gator says:

        Not a chance.

  13. avatar CZJay says:

    Reminds me of the Texan tyrants when they got upset that citizens can carry guns.

    Cops are not on your side. They don’t respect your rights. They will carry out orders as given. They get highly offended when you carry a gun or know the law.

  14. avatar Michael says:

    Sounds like caller is guilty of SWATting. There is no Constitutionally protected right to conspire to cause the disruption of the public order.
    Don’t blame the line Police. If they don’t respond, just for starts, they can be fired. These “progressives” will do anything and use anyone to achive their goals. Research and discover; find’em, “fix ’em, and…(gee, I forget the rest…) we must all educate ourselves. If they can keep us asking the wrong questions, they don’t have to worry about our answers. “Don’t mourn, organize.”, J.H. (man, miner & murder victim). 30

    1. avatar CZJay says:

      There is no Constitutionally protected right to conspire to cause the disruption of the public order.

      I think they call that the 1st Amendment. If you’re referring to the gun carriers.

    2. avatar Vic Nighthorse says:

      Given the choice of committing a crime or facing disciplinary action, cops naturally choose crime – and why not they are extremely hard to hold accountable for anything they could conceivably think they were instructed to do.

  15. avatar Stephen M says:

    I decided against the four hour plus drive yesterday, but Miami done fucked up. There’s talk of a much larger gathering down there soon and I won’t miss it

    1. avatar LarryinTX says:

      It’d take me 3 days, don’t wait till the last minute to announce.

  16. avatar Ralph says:

    Miami Beach is the sixth borough of New York City in every way. Those open carriers are very lucky that they’re still alive.

    Come to think of it, so are those @ssh0le cops.

  17. avatar Eric O says:

    Can you imagine what it would be like if drivers of vehicles were automatically assumed to be driving without a license?

    1. avatar Chadwick says:

      Or in the country without the correct paperwork? Oh yeah that one’s alright. Because… The Constitution says something like that or whatever.(sarc)

  18. avatar John Q Public says:

    So when is that 2nd American Civil War Starting..? My guess it problably be some kind of [email protected] rally like this….Then many shots heard around the world…And suddenly a group of Paramilitarized Police Commandos finding out their NOT going home for dinner…That would be my guess….A glimpse of a dystopian future…Heading toward the demise of the home of the free and the land of the brave by Globalist/Marxist/Lib TARD Authoritarian forces…

    1. avatar CZJay says:

      America died a long time ago; it’s in the transitional stage. The older generation can’t see that because they live in their own bubble or they are in denial.

      Most people like to be in denial by creating their own safe headspace (in order to continue existing without reaction). They don’t want to know the truth of their situation and they don’t ever want to be in a position where they have to do something. Some might call them peasants…

      I reject your reality and substitute my own.

  19. avatar million says:

    a “transient suspension” of 2A rights to make sure everyone has their papers in order would clear our current SCOTUS.

  20. avatar samuraichatter says:

    So serious question here. Should or would you draw, and possibly even open fire, on police in this type of situation who were acting unlawfully?

    1. avatar Red in CO says:

      I’ll bite. Speaking theoretically, from an idealistic standpoint? Yes. In practical terms? God no. For several reasons

      1. avatar LarryinTX says:

        Absolutely not, no reason to, you’re not endangered. Now, if a cop FIRES his gun, it’s on, but not because of a peaceful arrest, that is what civil suits are for.

  21. avatar Mike says:

    You can Open carry while Hunting, fishing or shooting? So wear an orange vest, carry a fishing poll and fire your gun every 5 minutes then they cannot argue what you were doing.
    In Florida fishing in some areas like the Everglades it would be advisable to carry, Might be more dangerous in Miami.

    Is there a local ordinanace against open carry, or is the pier on Private land?

    1. avatar Danny L Griffin says:

      Florida has preemption, so any local ordinances would be unenforceable. Pier is not private.

      1. avatar Red in CO says:

        No, they wouldn’t be unenforceable, they would be happily enforced for several years until the matter finished winding its way through the courts. With zero consequences for the ones who passed the illegal law and zero reparations for those tripped up by it, of course

        1. avatar Danny L Griffin says:

          There is some truth to this which is why it is important for gun rights groups to work with local cities, towns, and villages to eliminate these laws. We’ve had pretty good luck in Michigan with getting local ordinances that violate preemption removed.

          This is why it is vitally important for people to work with and support (yes, financially, too) your local/state gun rights organizations such as Michigan Open Carry, Florida Carry, Open Carry Texas, etc. to stop these things before they become problems.

        2. avatar barnbwt says:

          Even more important to make violating pre-emption laws carry financial, and more importantly, personal legal consequences. If flouting state law to score points netted you a year in jail mandatory minimum for civil rights violations as a state officer, I suspect you’d see a lot less of this stuff.

          It’s just easier to let tyrants do their own thing, though, and slowly erode the rule of law & all respect for it…

    2. avatar Geoff "Mess with the Bull, get the Horns" PR says:

      “You can Open carry while Hunting, fishing or shooting? So wear an orange vest, carry a fishing poll…”

      They were carrying fishing poles, and were in the act of fishing with them on a public pier when arrested.

      I hope they plan on fishing there next week, and every week thereafter until the local cops learn what the laws in Florida actually are…

  22. avatar Joatmon says:

    I wasn’t there but if it’s true that they let law enforcement know beforehand that there was going to be open carriers on the pier, they (law enforcement) deserve what they may get in the form of lawsuits, etc.
    I support law enforcement but it’s getting harder everyday, especially seeing this.

  23. avatar FedUp says:

    Open-Carry Advocates Say Cops Treated Them Criminally. Police Say They Did Their Jobs.

    http://www.miamiherald.com/news/local/community/miami-dade/miami-beach/article213793074.html

  24. avatar Bob says:

    You all are aware that the author is a Florida Police Officer that started his career in Miami and fights for better gun rights at the Capitol correct? Not all cops are bad.

  25. avatar Chris T from KY says:

    As a black gun owner I open carry all the time. I’ve walked right in front of police standing and in their patrol cars. I have never been stopped.

    Wal-Mart, Kroger, Lowes, Home Depot, and local restaurants have no issues. And I travel in Tennessee as well as Kentucky.

  26. avatar Wally1 says:

    This is very common in large metro areas, Police in large cities are very ignorant about gun right laws. Smaller rural departments deal with situations like this all the time, they would probably walk up and ask is they were catching any fish and comment what a nice gun he has and start talking ballistic charts. The police here are way out of line. Lawsuit coming and rightfully so.

  27. avatar MIO says:

    I haven’t worked the streets in years as a cop but still a LEO and I don’t understand this at all. It’s not even a big deal to have a gun so why the fuss n muss? It was also our job to stay current on changes in the law.
    Now admittedly I’ve had folks preach the law to me when I arrived and what they said was utter junk and wrong and even though I’m sure these folks told them and they didn’t listen so I do understand how that happens.
    I think if I was in doubt I would have called the game warden as well but also being a hunter and fisherman I’m usually pretty up on those laws too.
    I dunno, hopefully it will get better for them

  28. avatar Chris Thompson says:

    Typical government union thugs.. Can’t wait for unions to be completely banned.. At the very least ban them in the public-sector especially cops and teachers unions, unions give millions of dollars to gun-grabbing Democrats.. Hopefully everyone will opt out of the union post-Janus decision and destroy them if they aren’t banned first.

  29. avatar US says:

    What is it with cops constantly pointing guns at people they haven’t established as a threat they actually intend to shoot.

  30. avatar Alan says:

    Daniel:

    Nobody ever claimed that police work was problem free. That said, the police are fancy dressed public servants, an aspect of that occupation that seems to have been forgotten, sad to note. As to the sensitivities of some police, civilians have sensitivities too, and by the way, when last I looked, the police, sheriffs deputies and so forth were sworn to uphold the law. Of course, their department leadership should be knowledgeable of the law, and should have transmitted same to working officers, there being no excuse for the lack of transmission. Another poster offered that he could smell a lawsuit, which would not surprise me in the least. If I, a “civilian” act in violation of the law, therefore opening myself to prosecution, same must apply to those sworn to enforce the law.

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