Held at gunpoint, handcuffed, unlawfully detained, unlawfully searched, and harassed. OUTRAGE, SHOCK, AND UTTER DISGUST!
Florida – -(Ammoland.com)- The Board of Directors of Florida Carry are appalled at the recent treatment of six of our members at the hands of officers of the Miami Beach Police Department (MBPD) on July 24th at approximately 10:00 am.
Our members were peacefully fishing at South Pointe Park Pier while openly carrying firearms in accordance with 790.25(3)(h) Florida Statutes, as members of our organization have done at various locations throughout the state since 2010. The organization uses these gatherings to hand out literature regarding firearms laws in Florida and to demonstrate that a visible gun is not necessarily a threat when held by a law-abiding citizen.
Apparently, the law enforcement officers themselves are the threat. Cell phone video of the incident.
Shortly after the arrival of the six members, a yet unidentified Miami Beach Park Ranger arrived and told our members that they were prohibited from carrying openly at the park. Our members politely informed the ranger that he was incorrect, even offering him a printed copy of the 790.25(3). The ranger refused to acknowledge the statute, and instead called who we believe to be a supervisor, who responded they did not know the law. The ranger decided to instead call Miami Beach Police, report our members, and leave the scene.
Minutes later, a unit of Miami Beach Police officers approached our members and were greeted. Instead of a greeting and engaging in a consensual inquiry, the officers completely ignored any semblance of reasonable suspicion and at least three officers drew their service pistols and aimed them at our members, who were committing no crime, were not acting in a rude, dangerous, or threatening manner, and who were simply fishing.
At gunpoint, officers threw our members to the ground, and in the process injured two of them. They then illegally confiscated the lawfully holstered firearms and were unlawfully detained without reasonable suspicion for over 90 minutes, before being released from cuffs.
Before the lawfully owned and carried firearms were returned, and after MBPD was aware that the members had committed no crime, all firearm serial numbers were illegally recorded, and our members were told to open their vehicle trunks to the view of MBPD officers. Officers had removed cartridges from magazines, and themselves placed the firearms, magazines, and ammunition into the owner’s vehicle. Owners were not permitted to open the vehicle compartment in lieu of the trunk, nor were they permitted to rearm until officers had concluded their interaction.
Finally, the pier which by then had been empty for two hours, remained closed at the order of the City of Miami Beach, confounding our members who wished to continue fishing.
In a Miami Herald article on the incident, Miami Beach Police Chief Daniel Oates said, “Given the current climate, if six people show up to to (sic) a pier in South Beach carrying guns, our citizens expect us to respond promptly and address any potential danger. We did so, and I am confident our officers acted appropriately.”
The actions of the Miami Beach Police Department and the subsequent comment by Chief Oates are unconscionable, unacceptable, and unconstitutional. Florida Carry will see that the City of Miami Beach learns it cannot abuse the fundamental civil rights of Florida citizens.
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About Florida Carry
Florida Carry, Inc, is a nonprofit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self defense. Their website is www.FloridaCarry.org.
These cops are lawless thugs. They try to bully, intimidate and harass people into being sheeple. If I had done this when I was a cop, it would have been my last day on the force and most likely facing charges and most likely a lawsuit filed for threats, assault and under color of law rights violations. If you dont know the law, how can you enforce made up bullshit? Because the public doesn’t know their rights. We dont feach civics anymore because it doesn’t fit the narrative of commie teachers. Oh, and btw, I used to teach too. I… Read more »
As to the supposedly illegally acting police, has legal action against them?
Matt in Oklahoma: Military specifications and technical definitions very clearly define Assault Rifle. Regarding Assault Weapon, that can be and is ANYTHING that one person attacks another with. As for Lady Dianne from California, she well knows the difference, though there is a significant difference between what she knows, she isn’t stupid, what she will publicly admit, and her political claims. By the way, altogether to many gun owners have, for entirely to long, played the word game conceived by their sworn enemies. More than once, I heard fellow shooters talk of the ASSAULT RIFLE MATCH they had attended or… Read more »
Federal park, federal park ranger, no you cannot carry guns in a federal park. State laws have no bearing on federal land or property. These idiots better know the law before they get their silly asses shot.
We decided to cover this story on the LEO Round Table law enforcement talk show. Here’s the link in case you want to check it out: https://www.youtube.com/watch?v=uCMSRlN0M1E&t=32s
If, as is claimed, the armed individuals were acting within the law as written, then it is the police who were way out of bounds, and it is the police who should be sanctioned, from the top of the police force to the bottom.
Benjamin Broda says:
July 5, 2018 at 12:44 PM
The park ranger didn’t have to call the police. He is a mandatory reporter of crime, that’s all. No report of crime was made.
I would bet that the ranger knew what the law stated, and could not do what the police could. That is why he called his friends form the police Dept. The Chief should be fired for this. He allowed it to happen.
Young people, generally, and young people going into law enforcement, distinctly, do not use critical thinking skills. Could it be that the socialist indoctrinators realize that lacking critical thinking skills, people are more easily made to just do what they are told?
You are not showing my comments is why I entered it more
@John Dunlap, it is a small easily overwhelmed system. The two guys that provide this entertainment for us never thought that it would be this popular, and there are the usual maintenance, security, and unforeseen hiccups. We look forward to your comments, that will eventually arrive.
@wild Bill…It is not my fault that these guys are overwhelmed. If they would not sensor a persons comments, it would not overwhelm them.
These people are not police, they are thugs in uniform. I am a retired Law Enforcement Officer, and what they did was against the law. I would sue them for violating their civil rights When they placed cuffs on these people they were under arrest. If the person cannot leave at their discretion, “UNDER ARREST” “DETAINDED”. The Chief is wrong also, He violated the Law by not holding them accountable. THEY SEARCHED THEIR PROPERTY WITHOUT A WARRANT. They know the Florida fishing law, but chose to disregard it. A well regulated militia being necessary to the security of a free… Read more »
Welcome to Little Gaza. Those guys are lucky they weren’t shot after they were cuffed. And you people out there in America better realize that this is a ripple effect from 911 and Chertoff setting up his police state. Just like Israhell, it is. Never forget that it was dual citizen Zio-Nazi neocons who wrote the PNAC document a year prior to 911 calling for a “New Pearl Harbor”, Zionists who became the lease holders of the twin towers 7 weeks prior to the event, and now many of our police get all expenses paid training in Israhell to teach… Read more »
Correction – The date of the incident was incorrectly reported by us as July 24. The correct date was June 24. Florida Carry regrets the typo.
Never mind, it just popped up with a long delay, sorry….
Why did my post get deleted?
What was the purpose of openly carrying a gun on a fishing pier? Did they think that Jaws would leap out of the water and attack them? I wonder if they were there to cause commotion? I have a carry permit and there is no reason to show my weapon while fishing. If they want to carry a weapon, get a license and there would not be a problem. The law was probably designed to fishing in a boat.
You never know what could happen today that is why people carry!
There was no purpose other than it is a god given right to defend ones self. No my friend not from the pelagic type
but the two legged type predator which are all around us and can strike at any time. There are places in the US that are getting scarier and scarier
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
This is exactly what the the Constitutional writers meant about the tyrannical government When the government takes away or will not allow you to practice your rights
These people are not police, they are thugs in uniform. I am a retired Law Enforcement Officer, and what they did was against the law. I would sue them for violating their civil rights When they placed cuffs on these people they were under arrest. If the person cannot leave at their discretion, “UNDER ARREST” “DETAINDED”. The Chief is wrong also, He violated the Law by not holding them accountable. THEY SEARCHED THEIR PROPERTY WITHOUT A WARRANT. They know the Florida fishing law, but chose to disregard it.
Officers do need to know the law. I don’t think they need to be killed, fired or hung and they aren’t on steroids and dope and all the other jump to conclusion outrageous commentary. They were wrong and the wildlife official was wrong so lets get it fixed. That was the point of it all right? It wasn’t about making money it was about fixing an issue right? It’s not about personal vendettas from getting tickets or having a negative contact with someone now is it? Hopefully it’s about fixing the real issue. I guess it will all come out… Read more »
Matt, what this article didn’t tell you was that the Chief was told 2 weeks ahead of time that they would be there and that they would just be fishing while armed, and was reminded that it was lawful. You are right, the courts have held that the police are not obligated to know the laws that they enforce. The rationale behind that still eludes me. The entire situation could have been handled by the the officer, who was not under threat, accepting the paper stating the statute, calling it in and asking if that was a real law and… Read more »
How many times have we heard “Ignorance of the law is no excuse”. It usually comes from Judges and police officers.
I’d like to see Chief Oates profile, and would like to know where he got all of his training, and if he’s been out of the country to get any of it. I think that he should be asked those questions under oath in the lawsuit, and the same goes for all the cops who pulled off this stunt. And doesn’t that first one have a “middle eastern” appearance ????
So your going home at the end of the day period…screw anyone else huh? Your whats important not the job or the oath certainly not the citizens?….LEO that abuse their “power” should have to face the same consequence of abuse in turn….they go tossing people to the ground injuring two of them….there’s no excuse for that BS! The LEO escalated it from the start!
those men weren’t trying to start a confrontation, in Florida they have a right to carry concealed or open,
all they wanted to do WAS FISH AND BE LEFT ALONE.
Matt in Oklahoma:
Matt, you cannot fix liberal stupidly. The Progressive liberals want to take our guns, Plain and simple. Did you listen to Diana Feinstein on the confirmation hearings? She calls all semi-automatic weapons, assault weapons.
This begs a lawsuit and an unequivocal smackdown by the court.
A Florida citizen’s rights being denied is how I look at it. I can’t believe that none of the officer’s or supervisors (if even at the scene) knew about this law. If I was part of this group and after being handcuffed for two and a half hours, I would be contacting an attorney. Sure some people say they shouldn’t have done it, well then change the law. From now on when I am out fishing, by land or boat, I am open carrying my glock and a copy of the statute. I am sure FWC officers know about the… Read more »
I haven’t been fishing in years but I’m willing to travel from Stuart, Fl to Miami Beach every Saturday. As a tee shirt I wear says: ” The only entitlement I expect is my freedom.” I will also join Florida Carry. I, like many before and after me, signed a blank check for this country when I took my oath of enlistment. The oath said nothing about ” In effect until you are discharged”. The park ranger had to call the PD. If he followed the law and let them be he would be fired. I am a disabled vet.… Read more »
The park ranger didn’t have to call the police. He is a mandatory reporter of crime, that’s all. No report of crime was made.
@recon, Well, good for you, but try to minimize the risk of injury. And find an attorney to consult, first.
As a former cop I am appalled at the fraidy cat thieving thugs hiding behind badges. Theft, intimidation, false imprisonment, assault, violation of civil rights, and other crimes committed by these that say they are their to protect and serve. It is time to hold those responsible all the way up to the mayor. Since the chief says his guys did nothing wrong, he must be made a party to this lawsuit, and personally pay for damages, not the city. This is yet another situation of cops either disregarding the law on purpose or lack of training. Either is actionable.… Read more »
So often LE is ignorant of the law so they just enforce their opinions. Generally their opinion seems to be that they are the ‘only ones’ who should have guns. Instead of justice, they go with ‘just us’.
‘Qualified immunity’ allows them to continue their ignorant behavior.
Chief Daniel J. Oates of the Miami Beach PD is a bully and a punk; and so are his minions. They saw there was no threat, so they put on a show for their liberal public to demonstrate their power and authority over the law abiding 6. The Chief conveniently fails to address the humiliation, inconvenience, time, and injuries inflicted upon the law abiding 6. He rationalizes his police force’s unlawful/unconstitutional behavior by stating “given the current climate”, which is all Left media driven. Looking forward to hear more on this from Florida Carry to see how much money they… Read more »
Miami Beach Police Chief Daniel Oates said, “Given the current climate, if six people show up to to (sic) a pier in South Beach carrying guns, our citizens expect us to respond promptly and address any potential danger. ” I’m sure Bull Conner thought and acted the same way when he busted heads, sicced dogs on, and arrested peaceful protesters in Alabama in violation of Constitutional Civil Rights laws back in the 60’s. The only danger in this latest case is the same, a police dept kowtowing to mob mentality, that doesn’t know the laws they are charged with enforcing… Read more »
MIami Beach is a liberal city that would ban private gun ownership if it could (illegally). Beware of entering liberal cities where gun rights are not only ignored but subverted.
Up to this point, Florida was one of my potential retirement destinations, based in part on its (relatively) sane firearms regulations. If this kind of crap is becoming typical, that will absolutely change…
Come on down to Texas when you retire. We would have the gestapo police chief behind bars in the county Sheriff’s lockup the same afternoon.
fu7cxk kj easfdiobunws hvbuds;
Fire these officers and JAIL THEM. Cops who treat people like that need to be removed from society.
In Ohio we have a CHL or concealed handgun license. You can open carry in Ohio but if you do you are bound to be harassed or perhaps shot by the police. Even out in the boonies where I now live police officers are more apt to draw down on you and perhaps shoot you in panic that approach you in a calm and reasonable manner. I conceal carry and have no wish to make any demonstration challenging already paranoid police officers. Back in the day your average police officer never drew his weapon let alone fire it. Now, being… Read more »
Florida, especially South Florida is becoming a Socialist (Democrat) State. Broward County has already used the tragic school shooting and the cowardly actions by their officers to get a law enacted and have used said law to confiscate illegally in most case weapons from over 100 citizens so far. The craziest thing is that fully 1/4th of the Democrats in favor of gun control in Miami and Broward are Jews, who have obviously forgotten the 1930’s where police and stormtroopers came to their homes, marched them out and off to the trains, all because they knew they were unarmed.
@Todd….
Read Riggs book, “Hitler’s Jewish Soldiers”. Riggs meticulously documented that Hitler had 150,000 (one hundred and fifty thousand) Eastern European AshkeNAZI Khazarian (fake joos) in his Wehrmacht. Just like George Soros, they were only in it for the money, and they didn’t give a hoot who they murdered or stole from. After the war they went to Israhell and America. And they learned their lessons very well from der Feurer.
moral of story,;dont be flashing your weapons NO MATTER WHAT!you are asking for trouble..The ranger asked you to leave with the weapons or place them in your vehicle.You refused.He called the PD…should have done what the officer asked
Carrying a securely holstered handgun, while engaged in a legal activity, in a location where open carry is legal per state statute, is not “flashing” or “brandishing.” The group was engaged in public education and political activism. It appears that the local authorities don’t like the law, and they chose to “send a message” using these law abiding citizens. I imagine that the city of Miami Beach will like the civil suit that is now coming their way even less.
No matter What? Even when and where legal? You can not handle, and do not deserve, the responsibility of freedom. You don’t know how to exercise it and I’m betting you wouldnt/couldn’t defend it. Your words here say as much.
Moral of the story; The public servants shouldn’t have been committing crimes.
We are required to obey lawful orders. His orders were not lawful. Case closed.
An important lesson here, is that the politcal climate of ANY state can change horribly in just one election cycle. Remember that Florida was the first state to enact a shall issue CCW law. Now, a week does not go by when I don’t see at least one news item involving abuse of citizens’ rights, usually either 2A or property rights, from that state. California was once solidly conservative. Look at it now. If it can happen there… Never relax. Keep your so called representatives on a short leash and be generous with the whip, or they will turn on… Read more »
So the police exhibited deadly force, by pointing deadly weapons, at people that were with in the law and not presenting any kind of threat. Miami Beach Police Chief Daniel Oates is either an idiot, or knows not the law of self defense, or both. I hope that these citizens sue the Miami Beach Police Department out of existence.
So you would not have a police force in Miami Beach? Don’t throw out the baby with the bathwater, Wild Bilge. P.S. Do you actually read what you post?
Sue them out of existence and go back with a real department. Have worked for “a governmental agency” before the only way to control them is through their budget. Cost them money and their ‘handlers” will pull in the reins.
Actually, Cluck, you are the one full of bilge water. What these Storm Troopers did was illegal and unconscionable. Florida statute 790 is quite clear on this subject and the ramifications for these so called peace officers. Under the law, they can be subject to a $5.000 fine loss of their badge and job, and this also applies to thier boss. Further more, the gentlemen that were harassed and illegally detained can sue them and are entitled by Florida law to their court and attorneys fees. I bet the lawyer’s are chomping at the bit. By the way, I am… Read more »
”Clark Kent’ ~ Nobody said anything of the sort. Public servants should be scared of doing wrong just as any other criminal should be. That doesn’t mean getting rid of a police force. Do you read what you post? We were all born with critical thinking skills. Try using them. What those officers did is a crime. The comment the police chief gave, shows that he is either stupid or a crook, maybe a little bit of both.
Come on man anybody with any common sense knows what WB means and that is the po po needs to be trimmed down through legal means the court. We know WB and so do you so ratchet it down and don’t be so rude man.
They do not have a police force now, just a bunch of thugs run by a master thug.
@ Wild Bill I see the court jester is back at his insults again. I won’t mention his name because it only gives him a thrill to see his name mentioned. He has learned to comprehend his name in print, but not much else. He goes away for a while and then, just like a bad penny, he comes back and that bad penny is his net worth. I commend you for ignoring him and for those who have not been on this forum for a period of time please note that he has plagued this site with his childish… Read more »
@Tcat and other gentlemen. I am pretty sure that if that certain someone will just scrounge around among the bottles on the floor for a while, he will find one that still has some booze still in it, Then he can go back to sleep.
As I weigh the balance: no city police versus a city police force that does what the mayor tells them and does not respect Constitutional Civil Rights. I believe that I could rely on myself, my neighbors, and my elected county sheriff’s deputies.
Why don’t you publicize this!
We should have a open carry fishing event every Saturday for the next year
After we are there week after week after week, eventually the Miami Beach police will get tired of wasting their time on lawfully carry firearms while fishing
I would love to be part of some kind of event like this
Great Idea ! Fill the pier with 100+ People…ALL with Open Carry weapons…EVERY Saturday. Watching that video breaks my heart and enrages me, all at the same time. Can you imagine having guns pointed at you…being forced to the ground…INJURED and then forced to listen as LEO’s disgrace themselves and their Badges with LibTard BS ? We ALL need to pay attention. It is coming and this video shows just how close the time is. I hope this group sues MBPD. Each officer and the big chief needs to be removed from their positions. Storm Troopers is a perfect fit.… Read more »