Miami Beach Police Detain Legal Open Carriers, Chill First Amendment

Miami Beach Police Detain Legal Open Carriers, Chill First Amendment
Miami Beach Police Detain Legal Open Carriers, Chill First Amendment

Arizona -(Ammoland.com)- On June 24, at about 10 a.m. citizens peacefully openly and legally carrying holstered pistols were detained by police for two hours. The police closed the pier where the Second Amendment activists were fishing.

The legal open carriers were eventually released and allowed to continue their activities. However, police remained at the scene and actively discouraged other members of the public from making contact with the Second Amendment activists. From miamiherald.com:

Police reopened the pier, but left a couple of officers there and stated, “We are encouraging visitors to use other portions of South Pointe Park.”

The men cited Florida Statute 790.25(3), the (h) subsection of which allows openly carrying a gun by “person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition.” They came prepared with a print out of the statute.

The action is almost certain to result in a lawsuit or lawsuits against Miami Beach for numerous violations of Constitutional rights.  From local10.com:

Eric Friday, general counsel for Florida Carry, said the men were held by police for two hours and had guns drawn on them.

“Overreaction would be an understatement, but I do believe they overreacted,” Friday said.

Friday said his group planned to take legal action against the city for how the police handled the situation.

If you look at the image from  local10.com, you can see that at least one Second Amendment activist was wearing a body camera. He appears to be in restraints.

The group associated with the event, Florida Carry, is a well managed resourceful, and experienced Second Amendment group. They have won several settlements in Florida courts. It is likely that more than one video camera was recording events. Florida Carry had this comment on its Facebook page:

The illegal attack on our members by the Miami Beach PD is a developing incident. We are pouring every necessary resource in to this incident.

Most of the news coverage of the police action says the Second Amendment activists were “briefly detained”. Two hours is not “briefly detained”. There is considerable court precedent about the definition of “briefly detained”. It is less than 10-20 minutes.

In this case, there was no probable cause. There was no reasonable suspicion. Open carry demonstrations while fishing have been ongoing in Florida for several years, and have been widely publicized.

The use of police resources to actively persuade members of the public to avoid contact with open carriers is an important twist to this event .

Open carry demonstrations are powerful, protected, symbolic speech. The stated purpose of the demonstration was to exercise First Amendment rights to protect and advance Second Amendment rights.

The Miami Beach Police used their police power to directly chill the exercise of the First Amendment, without any legal reason to do so.

This will not end well for Miami Beach.

Florida remains one of the five states where open carry of pistols is generally prohibited in public by state law. There are a few exceptions, such as open carry while camping or fishing or while in transit to and from such activities.

General open carry, is legal in 45 states. It has been stalled in the Florida legislature for the last few years through underhanded defections by Republicans and through machinations of the Republican leadership.  Those Republicans tend to lose their seats.

Eventually, I expect open carry to pass in Florida. There is no valid reason for it to be illegal.

There is one invalid reason. Open carry makes a loud, clear, political statement: the Second Amendment is real, and it means something.

Those who wish a disarmed population find that statement insufferable.

©2018 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 88 thoughts on “Miami Beach Police Detain Legal Open Carriers, Chill First Amendment

    1. A lawsuit brought about by OpenCarry.org would be proper at this time. Support and backing by both the NRA and the GOA should QUICKLY FOLLOW SUIT, which will take an average of 3 years or more to come to fruitation, lest a quick and equitable settlement by those that broke the law… E.g., Miami PD.

      HISTORY teaches us about LORD ACTON:
      https://acton.org/research/lord-acton-quote-archive

      A great guy! Wish I could have run with him, Einstien and many others but in today’s world we have ourselves and the option of HISTORY so that we do not have to keep reinventing the wheel.

    2. This is hilarious!
      The only reason to carry a gun is fear. You are all SCARED!!
      SCARED!!!
      The rest of us outgrew our fascination with guns long ago.
      SCARED!!

      1. SCARED REALLY How about it’s their RIGHT to carry rather you personally like it or not.Your thinking would apply to your 1st amendment on running your little fat jaws.

          1. “the right of the people to keep and bear Arms, shall not be infringed.” Feel free to not own any guns. Leave the rest of use alone.

          2. @Gkam, So you are an expert Constitutional lawyer, too! The collective government right theory, and cemented in time theory, that you allude to have been thoroughly discredited. Have you read no Second Amendment cases?
            Nor does the Right to obtain, carry, and sell firearms depend upon the Second Amendment for its existence.

          3. Every citizen and every person who intends to become a citizen [ legal entry] is a potential active militia member. Well regulated means trained and equipped with military grade weaponry. The standardization of calibers dates back to 1792 and the first Militia Act which defined “well regulated” as to musket caliber, and other equipment required.
            Today the AR is the Militia Standard Rifle which uses the standard ammunition available from government supplies should the USA be invaded. Further it is a credible deterrent to tyrannical government.
            This explains why the MSM attacks possession of AR type rifles since they are a bulwark against government becoming tyrannical. Crime is an excuse to attack guns. Not reporting the millions of times gun are used by ordinary people to stop crime and save lives is standard “by the book journalism” so that guns are only shown as evil or bad.

            1. No government gives guns to its populace with the idea it is for changing regimes!!
              The rest of us OUTGREW our fascination with guns long ago.
              Why not you?
              You folk talked yourselves into that position because it is what you want.

            2. @Gkam, You probably did not explore the world of firearms enough. I could spend a week in my shop just experimenting with brass type and weight , powder type, powder amount, bullet type, and bullet weight of a single caliber. The experiments are endless, and the experiment chart immense.
              There are more shooting games to master than I can name from bullseye to BUG to Bianci to IPSC to three gun to shot gun to machine gun tournaments to plinking.
              Then there is just plain showing off, from trick shooting to tricked out, to barbecue guns never to be fired to collections hanging on the wall.

          4. Well the internet wasn’t invented back then so I guess your freedom of speech is void on here.. Please send me something written with a quill pen by horsemen…

          1. @GKAM, there is also a good chance that you were bottle fed and not from the teat which probably diminished your intellectual nourishment at a younger age.

            A great many of us are in fact from, “regulated militia” having served in the armed forces in defense of this country, taking an oath that has no expiration date.

            As for you with your assumption of being scared only tells us that you are not mature enough to understand the purposes, principles or reasons behind owning a gun, much like a young-in that cannot yet drive a car… Best you let your brain marinate on more adult level thinking before you last out at others.

            1. Amen He probably still is nursing.His body grew but don’t know what happened to the brain.I think it shrunk an has some kind of tumor (.stuipity tumor)

            2. “A great many of us are in fact from, “regulated militia” having served in the armed forces in defense of this country, taking an oath that has no expiration date.”

              I am a Vietnam Vet.
              How about you?

      2. @Gkam, Your proposition that, ” The only reason to carry a gun is fear.” is false. I carry my firearms because they are jewelry. I have several rare, breath taxingly expensive, fully engraved, gold inlaid, preban-ivory grip, never been fired barbecue pistols that I would never consider firing. The remainder of your syllogism is also false.
        It does, however, say a lot about you and your lack of knowledge concerning psychology, sociology, economics and firearms collection.

        1. @WB, give it a few hours for my response to GCRACK to show up because he just proclaimed to be a Vietnam Veteran!

          1. Who is GCRACK?
            We were unarmed electronic recon, with 75 people in three aircraft over the trail, Khe Sanh, and other targets continuously.

            1. @GKAM, I have an uncle that did the same thing! He lives in Hawaii, now. Maybe you know each other. What was your MOS?

            2. We were the 553d Recon Wing, the project was Igloo White.
              I was a Comm troop, and the entire project was out of our shop. We had 51 radio systems plus crypto and digiplexers and sonic analyzers and all kinds of stuff.
              I am an original BatCat.
              What is his name?

            3. @GKAM…Oldvet, USAF, E5, Top Secret/Crypto clearence . “Comm” troop as you put it .
              That is all you will ever hear (read) me say about my duties , because of training and additional sworn oath . Your Braggadocio causes me to question your authenticity . BTW what were the three types of aircraft that you mention ?

      3. Hold it, “HERO”! YOU just proclaimed….

        Author: GKAM
        Comment:
        “A great many of us are in fact from, “regulated militia” having served in the armed forces in defense of this country, taking an oath that has no expiration date.”

        I am a Vietnam Vet.
        How about you?”

        After all your shit-sucking weasle-drenched remarks to people in this forum? You better start praying to whatever, God you use that I do not get you in the process of, Stolen Valor!

        But first let me backup and beg your forgiveness of our United States States Congress, The United States Marine Corps and the rest of the world for not having any wars going on during the time that I served?

        I will go out of my way to find out just WHO is responsible for my not being able to serve in VIETNAM prior to my joining the Marines in December of 75?

        Perhaps when I find the guilty party, with your assistance in exposing exactly WHO the fuck YOU are, GCOCK? GumDrip? GSmak? or whatever you’re hiding behind, I will assure you that I and the guilty party(ies) will show up on your doorstep so you can run your yap about how great of a war hero you are?

        (This message is it no way intended to belittle any of us that signed up and served regardless whether war or peace time but I guarantee you, if I catch ANYONE claiming Veteran status or embelishing your rank, MOS or ribbons/awards EARNED? I will come after you!)

        1. My gosh, why are you so nasty?
          Please check me out, so you can find reality.
          I would tell you my full name, but you have already threatened me with violence.
          Ribbons? Like the two Outstanding Unit Citations we earned “With combat ‘V’ device”?
          Our unit was boiled down to an SOG, the 353d, which kept the emblem drawn for us by Milton Caniff.
          Before that, I was Air Force Flight Test Center Airman of the Month at Edwards, which includes our other lakebeds, such as Groom Lake, known to civilians as Area 51.s It was the time of my life, working with Test Pilot School, NASA, and special projects.
          I had a very interesting enlistment.
          I turned against the war fifty years ago,at the height of it. It was unappreciated, and they tried to kill me twice. I came home in a delirium.

        2. How do I reply to posts which are not posted, but have notices sent to me in email?
          I got a note from Oldvet, who wants to show I am not real. But I am.
          He should stop being so “secret”, because it is all public now. We had KY-8 keyers which we had to take care of ourselves, because the specialists were not allowed to see our radio systems. We also had two each ARC-27s, ARC-51, FM-622, VHF-101, Wilcox -807, 618T, and 32 ARR-52, and one ARC-89 along with the Tell-Tale Displays and other stuff.

          All our aircraft in this assignment were the EC-121R.

    3. Freaking Nazis in Miami detaining lawful 2A advocates. They should get sued for every cent for their unlawful detention and their ignorance of the very laws they’re supposed to be upholding and enforcing. Overzealous Ignorant Nazis, just what we don’t need more of in this country.

    4. Florida police were put on notice that carry while fishin was legal several yeasago. No excuse for those arrests now!!

      File lawsuit via 42 usc 1983.

      Mike stillenwerk
      Cofounder open carry. Org.

    5. People! These are YOUR RIGHTS! The feelings of some dipstick that is too scared or becomes frazzled to look at a gun on your hip IF YOU ARE WITHIN YOUR RIGHTS, belongs home, under their bed, shuddering in fear and pissing their pants!

      REALIZE, RIGHTS TRUMP FEELINGS EVERY TIME ONLY IF YOU ARE WILLING TO FIGHT FOR YOUR RIGHTS!

      Unless your rights are THAT expendable, then shut the hell up, quit bitching and stay home under your bed!

      When you STAND YOUR GROUND against ANY AND ALL VIOLATIONS OF YOUR RIGHTS, and you ARE IN THE RIGHT, you apply yourself no matter how big the battle may “appear”, then YOU FIGHT!

      Out of just a few of many battles for freedom and liberty in my years I took on the Albuquerque PD, County Jail and a motel manager in ROMEO, G. VS. CITY of ALBQ ET, D-202-CV-9405562 (circa 6/27/1994). It took approx. 3 1/2 years and I took 5 f’d up cops, 2 county jailers and a motel manager OUT OF BUSINESS and dinged the hell out of the City of Albuquerque egos!

      The motel manager always bragged about being in law enforcement and caused the whole fiasco with her true lack of LEO knowledge…. PLUS I walked away with a fat check for $45K and another for $5K. We found out during the deposition phase that the motel manager’s highest qualifications in “law enforcement” was being an unarmed security guard at a Kmart. The 5 cops? Prior service in Pep Boys, Save On Shoes, a grocery store and other hazardous duty positions in life prior to becoming the badged, overzealous dumbasses they turned out to be.

      Now don’t get me wrong, I’d take a bullet for any badge or a fellow Marine or other service member, any time. But somebody that took their oath, put on a uniform and maybe a badge and is a walking Charlie-Foxtrot? Not a chance and I met 5 of them this one particular evening.

      Ever since I won this case, when I would get pulled over the LEO would question of I was ever arrested. I would inquire as to why such a strange question and they would reply that I had an “SI” after my name when they ran me through their system. They (LEO’s) would very politely explain that meant, “Special Interest” or something to that effect, further explaining that was their caution to use by the book proceedures with me as I had a history of going above and beyond, knowing a little more than the average citizen and they could end up like the previous 5.

      The same occurred with an FBI NICS Hold because of their f’d up system and my having to go up against the NICS system and their Assistant Director, Jeremy Wiltz when I was denied a firearm transfer because those dumbasses didn’t do their due diligence when suspending my Constitutionally protected 2A RIGHTS in a pawn shop transfer. On appeal of the NICS hold on my gun I sent in my USMC Honorable Discharge, my State of Washington Department of Public Safety permit information for my permit to purchase Class A explosives and my other permit to use Class A explosives as well as my FFL Short Number, (I wasn’t an active FFL at the time.) and those dumbasses STILL refused to release my gun. I then tapped into Senator John Cornyn’s office for assistance along with a request from the BATFE to contact Wiltz so as to explain the NICS, “gross errors” they were making. Hence the issuance of my UPIN Number.

      These were just a few of the many battles I have mounted and won along the way and an Arrest Record has absutley NOTHING to do with ANYTHING in life UNLESS YOU ALLOW the MANY dumbasses in society to utilize that dribble. It is the RECORD OF CONVICTION that holds water! So, if you want to ALLOW your rights to be trampled, that is your choice.

      By the way, I have 6 or 7, “arrests” that are on my record with notations such as, “Dismissed by arresting agency”. You don’t receive those entries by being complacent and a sheep!

      If you are in fear of fighting for YOUR rights, you deserve to suffer and suffer hard! UNTIL YOU GROW A PAIR, WAKE UP AND FIGHT FOR YOUR RIGHTS
      Or, you can put on your Big Boy Pants, find a competent legal beagle, law student, or even a good parralegal, (Which are worth GOLD if you find a hard charger!) to draft your briefs and even assist in your case through court at a greatly reduced cost, GO FOR YOUR FREEDOM AND LIBERTY!

      Or you can just follow the half-assed advice of some of the, “professionals” on here, get on your knees and apply your chap stick unless you prefer to bend over and wait for the banjos to play!

      1. You betcha, we have far too many pussies in this country that are scared to stand up and be counted and most are COMMYCRATS!

      2. @GR, I knew that there was a reason that I like your writings! I really enjoy real and actual trial level experiences.

    6. People should always remember one of the first things Adolph Hitler did, and that was to disarm the Jewish People

    7. The fishing event was announced well in advance, park rangers called police,
      where were the park rangers, why did they not wait for police to arrive?

      Park Rangers should know the law about open carry while fishing, etc.

      Miami will pay big money for this.

      1. Perhaps Florida Open Carry should have taken steps to arrange having a Florida Parks and Wildlife agent present to explain to other citizens as to what was occurring?

      1. It is people like you and statements like this that set this country aside from our Constitutional RIGHTS and also gives the Looney left more ammo to assert their whacked-out agenda. Clean up your character and evolve into the mature and responsible citizen the Constitution seeks to protect.

      2. How old are you, Dennis, twelve? Have your mommy keep you away from her computer. Now go watch some cartoons on the TV and leave the comments for the adults.

      3. @Dennis C, If they shoot them, then they get a handful. If they sue, they can eliminate the entire department.

    8. OK,so I hear the lefty, socialist, anti constitution, comments already. But let me remind you that carrying openly encourages the left. And more importantly when carrying openly you give up any tactical advantage over a bad guy that you may have. In fact, from my perspective when you carry openly you might as well paint a target on the back of your head. You’ll be the first to be shot, in case of an incident of any kind. Grow up! And for all you arm chair cowboys I’ll add. I shoot at least once, mostly twice a week between 200 and 500 rounds in several calibers. I’m an instructor, a CRSO and I’ve been at it for over 30 years. If you want to help the cause, register and vote. Belong to the NRA and other national and local gun organizations. Bet half of you don’t do this.

      1. This United States openly carried for well over 200 years and didn’t do so bad. History will show when and where the concealed carry lifestyle reared it’s head.

      1. Yeah, I knew that. Really sucks but the Communists have captured the NRA. I want to support them and the cause but you people that think it’s un-American to not join the NRA, look deep into their system of politics that allows the ones that run it, to pull in others like them. The votes don’t count for squat.

        1. Much like in baseball when you sometimes have your player, “take a base” or get walked in order to bring up your “Clean-Up Better” to gain runs..

          Sometimes in the halls of Justice you have to lose a battle or two in order tI position yourself to get the power to appeal to fight a much bigger battle!

      2. In Illinois the State of Illinois banned open carry a few years ago and Illinois did not have a concealed carry license. In te Seventh Circuit the order was that none of the Illinois laws were constitutional as written and the court gave the State 180 days to pass a constitutional law. The state had the option, open carry or concealed carry or no law at all.
        So Illinois passed a shall issue law. Open carry is legal while hunting or on your own property.
        Eventually constitutional carry will come to Illinois, California and NJ.
        The NRA is not controlled by communists, it is working the system, against the system.
        Join, and have a voice in the Legislatures/Congress and on the NRA Board of Directors.
        Or do some think Ollie North is a communist?

        1. Jim, the problem is that the NRA has been helping to write gun control legislation since 1923, including NFA ’24, GCA ’68, and the Lautenberg Amendment. Read the August 1968 American Rifleman. In it they bragged about wanting to prove that they were “reasonable”, willing to compromise. Well, they have been “compromising” our rights away all along.

          I was a member for over twenty years, until the screwed us by never alerting the membership to the Lautenberg Amendment until _after_ it became law. That was the end for me. Gun control bills and laws are what bring in their millions (over$300,000 a year), in dues and donations. They are not the gun owner’s friend. They are a fundraising organization, and they are deeply in the pocket of the anti-gun politicians.

          1. The NRA today is much different than it was in 1968. In 1968 most of the NRA leadership and members were concerned with target shooting and hunting.
            They thought the government wanted fair laws that did not infringe on the Second Amendment.
            But to blame the NRA in 2018 for what it was in 1970 is as silly as blaming Germans today for Adolph Hitler.

            The ILA formed in 1975 as I recall. Neal Knox was about as hard line as you can be.
            [img]https://membership.nrahq.org/includes/campaigns/graphics/XM032325/Ruger-NRA-100K-Life.jpg[/img]

    9. The police officers broke the law, and violated their constitutional oath. Therefore, they were operating outside scope of employment. The higher ranking manager, who directed the officers to break the law, is also culpable. Their detention is illegal arrest. Instant lawsuit win! Identify all the law breakers. Keep records. None of the law enforcement violators can ever qualify for a National Security Clearance as a result. So they can’t be involved with any Federal Law Enforcement Task Force. Lawfare works both ways!

    10. “Florida Statute 790.25(3), the (h) subsection of which allows openly carrying a gun by “person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition.”
      State law might require a license to hunt or fish but the homeless are ALWAYS camping.
      In the Florida swamps, canals and lakes alligators, poisonous snakes and pirates are a constant threat.
      In the cities, alleygators are a bigger threat.

    11. Although I agree with the right to open carry I personally prefer to carry concealed. I would rather not be a prime target when recognized as being armed. I want it to be a complete surprise when I have to defend myself.

    12. If some thug was walking around armed, the police would fear approaching him because of backlash, so it’s easier to go after the public for the gun sleazier now. So to sum up, the government only wants the guns of law abiding citizens and to leave the bad guys alone. Sad but true. Today’s America thanks to socialism and the media.

      1. So how would the officers know if the people detained were in fact ‘thugs’ or not? Do YOU have the ability to determine same?

    13. If you don’t get yourself falsely arrested under color of authority, you don’t have a cause of action. So Step one: Save up money. Step two find a talent, energetic, aggressive lawyer capable of handling a case against the PD. Step three: With the lawyer’s guidance, peacefully get yourself arrested falsely under color of authority. Step four: Ten years of court, appeals, yada, yada, yada … retire with a healthy profit.

      1. That’s bad legal advice. An arrest record will be with you forever no matter how proud you are of it. Try getting bonded with one, try getting a car loan or mortgage with a criminal arrest record. Try passing the NICS check with a firearm violation arrest record. I don’t think you understand the age old fact of life; There’s the way it ought to be and there’s the way it is. If you or you’re group want to change a law or statue spend you’re attorney fees that way. That’s what couurts are for. What about the other people on the beach trying to enjoy their beach day? You’re standing in a public setting displaying a firearm where you shouldn’t be causing a lot of innocent people unnecessary fear. Given all the reasons non gun owners have to fear mass shootings do you actually believe you have a right to upset and intimidate people for no nessisaery reason? Don’t you get the idea that you’re rights stop at the point where theirs begin? The statue was meant to cover the open carry of a weapon in a more remote or isolated area where fishing, hunting and camping are normally done. Not in a setteled urban such area. You also forget that police officers are also Pease offers. They have a sworn duty to serve the needs of everybody not just you. While carrying a weapon as you were doing so by the way the statue is written is not a violation, creating public alarm is. That is defined as any activity that would offend the sensibility of the average person creating a reasonable sense of dread or fear. The police stood by in the attempt to give the public some reassurance that the danger to public safety was minimal. I spent 33 years in lawenforcement, I’m a devoted advocate of the entire Bill of Rights especially 2a. Actions like that do much more harm than good for our side. Why don’t you sit down and think about you’re actions and the overall effect they will have on the other people in you’re community. Ifpot smoking in public was legal would you want you’re kids sitting next to people doing that. Would you take you’re young children to a nude beach even though it’s leagl to be nude in public on the beach? If you’re violating the intent of any law or statue you’re on the wrong side of that street. If I were the cop that walked up to you I also would have detained you long enough to find out who You are and what you’re up to. Detaining you is not a custody arrest. You are not free to leave until I finnish my investigation into you’re actions. You’re not being charged with a crime at this point. I have to investigate any complaints the public make, bullshit or not. I’ll ask you to take you’re weapon out of plain view. I’ll explain to you that you generating public alarm. If you refuse at that point I’ll arrest you for disordily conduct. Ifyou feel you’re rights were violated than call you’re attorney. I have my opinions and believes just like you do but I also swore an oath to protect and serve. You have no standing to sue me personally because I gave you the opportunity to cease what you were doing and I took what I believed was the legal and appropriate action to resolve the issue. If the city or county attorney declines to prosecute and drops the complaint that’s what they’ll do, but YOU still have an arrest record. The point is there are more effective ways to get laws amended or repealed. That way dose a lot more harm than good. That foolishness is how many of these laws got past in the first place. Think before you act, and choose You’re battles carefully. Even the winning army’s have to collect thire dead…

        1. Here in Kansas we’ve had constitutional carry for about three years. Police officer encounter people carrying openly and concealed , with or without a license. Officers use a thing called judgement. If there is a group of young men, that look edgy the officers will approach and ask questions. If it is several family groups they will approach and ask questions.
          Depending on the answers there might be some restraint.
          But most likely the officers and the armed citizens will share some friendly talk about poliotics, guns, hunting/fishing or some other topic such as teh damn hot weather.

        2. Jack – It seems to me that you are inappropriately injecting your own opinion and morality into state statutes.I respect that you have served in law enforcement for so long and I want to believe that you mean well, but I believe you are way off base with this one. If one is sworn to uphold the law, then they should uphold ALL of the law, regardless of their personal feelings. One cannot claim to support the 2nd Amendment and also be willing to put the “feelings” of people above actual rights.

          I believe a better course of action would have been for the officers to perform a quick investigation (20 minutes should have done it, not 2 hours). Then, after finding that the group was acting legally (ie. just there fishing with guns on their belts – as allowed by law), the officers should have educated the public on the fact that this group was NOT breaking the law and had every right to be there doing what they were doing. Then the officers should have left. This exact scenario occurs with many other peaceful open carry fishing events throughout FL (they do happen regularly, especially on the gulf coast).

          Some of your comments are factually incorrect as well.

          *** “The statue was meant to cover the open carry of a weapon in a more remote or isolated area where fishing, hunting and camping are normally done. Not in a setteled urban such area.” — I’d ask you to cite a reference on the legal intent of the statute, but you can’t because it does not exist in the Florida Statutes.

          *** “Don’t you get the idea that you’re rights stop at the point where theirs begin?” — What rights of others were infringed? Trick question, the answer is NONE!

          *** (Regarding peace officers) – “They have a sworn duty to serve the needs of everybody not just you.” — Peace officers are not employed to serve the needs of everybody. They are employed to uphold the constitution and the duly enacted laws of their state and local municipalities.

          *** “If the city or county attorney declines to prosecute and drops the complaint that’s what they’ll do, but YOU still have an arrest record….Even the winning army’s have to collect thire dead…” — On the surface, it seems like a not-so-veiled threat. Kind of a “well, I’d arrest you and you’d be screwed for a long time” sort of statement. That is not a very moral or ethical way to go about policing. Most of the peace officers I know (federal and local) do not think like this at all.

      2. Paid for by the taxpayers. Thanks a lot, Wild Bill. Of course, you would claim you are against socialism…..

    14. People don’t realize that open carry is permitted in these situations:
      Prisoners in jail.
      Thieves during assaults.
      Robbers during bank heists.
      The uninvited house guest in your bedroom at 3am.

      Carrying at any other time is strictly forbidden.

    15. Guns need to be mainstream again. The media has demonized gun owners and guns for far too long. People need to understand it is our right as US citizens to keep and bare arms.

      1. @Ben, I agree. It was Congress that began demonizing firearms in 1934. We must repeal or find unconstitutional the NFA of 1934 and the GCA of 1968. That would be two big steps toward getting back to the Constitution.

      2. I agree, I still struggle with the idea that people scream about gun safety and at the same time don’t allow Eddy Eagle or similar courses to be taught in every school? The hypocrisy of the American left is infinite when it comes to the First and Second Amendments. We need to do more of these kind of events everywhere until the sight of a “lawful” gun carried in public becomes normalized in peoples minds. I don’t know if that will be possible over the short term but over the long term has to be done. My living conditions prevent me from owning a gun but I will support the idea with a pen as often as possible!

    16. Sounds like it was a little fishing trip and not a protest.Sounds like that is what the police made it out to be.Damn can’t you just go fishing anymore

    17. This is why I’m So Look sick and f^@^@&# tired of hearing about the rank and file” being such saints, good people and all the other BS. They’re just as bad as the rest of them. Oh, 99% of ( enter designator here) are great folks, just doing their jobs and on and on and on. BS. Why don’t we start calling it like it is and say 90% of them should be wearing brown shirts or Black SS uniforms and 10% are good people who treat citizens with respect, use a little common sense and respect our constitution. I’d say those numbers are closer to right. Rank and file my Ars. They’re rank alright. So is the way they treat us.
      The 10% I speak of are most often in the lo am Sherriffs Office, they’re the only law enforcement agency designated BY the constitution and maybe that’s why the have more respect for it.

      1. Bill’s comment nearly mirrors my life experience with the local police in two American cities I’ve lived in. I have held a true respect for authority since early age (I’m a seasoned senior citizen) but after working with and for these local police forces realized generally and regrettably that Bill has a valid position. I’m sorry to write this but feel obligated.

        1. My experience parallels yours. We have to realize that this is Miami which pretty much equates to NYC.

          Your chances of meeting a ‘reasonable’ police officer diminish greatly in a major city. Most rural cops are not of the Gestapo mindset. Big city cops led by gun control mayors and police chiefs are of the paramilitary mind set.

          One also has to remember that there are two distinctly different Florida’s. The lower portion as we see here and saw also in Broward County is distinctly NYC ‘south.”

          1. As I have said before I have several family members in law enforcement , including the S O . I see both sides demonstrated , and have lost respect for most of them . I think your 10% good may be more accurate .

            1. Then why don’t all of you above become police officers and show us all how it SHOULD be done? Put up or shut up.

      2. You’re full of more shit than a Christmas Goose. In 33 years as a cop I delt with a thousand like you. Any sworn Lawenforcement officer in any political subdivision, incorporated municipality township or city has all police power and enforcement athuorty State and Federal government provides. All sworn police officers are also officers of the court’s. Don’t think so, break a law An find that out the hard way. I’ve seen my share of asshole cops in my time. That’s about 3% of the bunch. Cops come from the general population just like the rest of us. Just like 3% of cops are no good, so are 3% of the general population are no good. That’s why people like me have a job. Only airplanes that crash make the news. Only bad cops make the problem. Every time I’d have to deal with some clown that thinks only the county Sheriff had police authority to enforce the laws you got a ride in my black and white taxi to the gray bar hotel. You can wave you’re 30+ pages of what ever you have to the Judge. Of you have no Driving Licence you’re going to jail after hearing you’re speach. You’re vehicle would be impounded. If you resist arrest you’re either going to be eating hospital good or jail good for dinner tonight depends on how far you want to push it. If you want to take it all the way I’ll send you on to you’re great reword. If I deside you’re under arrest IT’S going to be in you’re saddle or across it cowboy. I’ve got a lot better things to do than listen to shit house lawyer’s. As the old saying goes… TELL IT TOO THE JUDGE

    18. The communist/muslem controlled MSM(PRESSTITUTES) propaganda stations will not cover this type of incident.
      This type of TRUTH does not support their AGENDA of DISARMING LEGAL LAW ABIDING American CITIZENS.

    19. “This will not end well for Miami Beach.” And the rulers of Miami Beach won’t care a whit … they will defend their actions to the last taxpayer dollar ….

      1. Then it is up to the dumbasses that voted THESE dumbasses into office to step-up to the plate and drain their own swamp!

    20. how come I did not hear about this protest at all!
      I live here in South Florida and I would definitely have attended this event.

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