Halfway through Wednesday’s Armed American Radio’s Daily Defense, with host Mark Walters and school safety advocate Ryan Petty, discussion turned to my recent AmmoLand article, “Staged Video Gets It Right About Many Cops and Ignorance on Open Carry.” That article highlighted how street officers have many times not been cognizant of the law and how their lack of awareness can put legally armed citizens at risk, including being intimidated and in danger of being shot for exercising their rights.
That was the case when “Six men who openly carried guns on their hips as they walked onto a Miami Beach pier with fishing equipment” were “assaulted” by police, even though Florida Statutes allow a person hunting, camping or fishing to openly carry a gun.
This is the level of legal acumen a lawful open carrier can expect when exercising his Constitutionally recognized rights. Note how the cop at @ 10:02 in the video below declares, “I’m a firm believer in the First Amendment [sic].”
And his recommendation a few seconds later “to put a jacket over it” — to someone who told him he does not have a concealed carry permit — would seem to open up a whole ‘nother legal pitfall:
Why open carry — which would certainly meet the Supreme Court’s Bruen standard of text, history, and tradition at the time of the Constitution’s ratification — isn’t recognized in “The Gunshine State,” reflects shamefully on Republican legislative “leadership.” While Gov. Ron DeSantis has come out in favor of signing such a bill, Senate President and resident Vichycon Ben Albritton sides with “Only Ones” over citizens, saying “I trust my law enforcement officials. They oppose it … and I stand with them today in opposition.”
Until such time as Florida gun owners get serious about booting this guy, probably not likely because he wins by wide margins, DeSantis’s hands are tied and the danger of “law abiding” open carriers being rousted by cops prepared to escalate things to deadly force if not immediately obeyed will remain.
There is something that is in DeSantis’ power to do that can mitigate that danger without having to rely on oath-breaking Republican power players, the same thing I recommended to three reluctant successive Ohio attorneys general to do. Here’s what I asked:
How hard could it be for the state’s top law enforcement officer … to write a memorandum recognizing the legality of peaceable open carry, and then send it to every police and sheriff’s department in the state, as well as to the Highway Patrol? One would assume flow-down communications explaining your interpretations and positions on law enforcement issues are already established and routine.
And how hard would it be for the individual LE departments to transmit this information to their sworn personnel? If you’re already requiring employees to sign acknowledgments such as they understand sexual harassment rules, etc., and are placing such proof of training documents in their personnel files, how much more effort would be required to have each officer sign and date a simple acknowledgment that he or she understands that open carry is lawful?”
Florida Attorney General James Uthmeier has already shown a willingness to buck infringements when he refused to defend a law (supported by former Florida AG Pam Bondi) stopping citizens under 21 from legally buying a long gun.
It’s an easy ask, Florida gun rights advocates, and an easy thing to do, and would put the expectation on rights deniers to learn the law they swore an oath to uphold. Why not come up with a letter of your own, send it to the governor, publicize that you sent it, and get your lobbyists to seek a commitment when next they get face time with the man?
And if they’re already doing something like this? It isn’t taking. Tell leadership it’s on them to make sure it does.
The life you save may be one of your members.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
Those cops are shockingly ignorant. The moment the cops deprived him of his freedom to move, the cops seized him within the meaning of the Fourth Amendment. Also the cops were unaware of their own state statute.
In my humble opinion, the state of Florida will never relinquish the urge to regulate the masses. They are too populated by a mixture of people from all sides…predominantly northerners, many of which are steadfast democrats. I’ll agree that they are also populated by northerners whom are recovering democrats.
This makes them an interesting group for a juxtapositional analysis.
I’m not anti northerner friends. I know that patriots exist in our great country from sea to shining sea. Peace
IMOA, an immediate retraining segment is needed when these LEO’s are getting their pre-patrol briefing concerning 790.25 fishing and open carry by citizen’s is legal. It could prevent a confrontation like in the video.
Need to fix the Welcome to the Free State of Florida sign too.
This is why we take little to no comfort in the (R) behind the name of any elected official. The Republican Party is essentially a progressive party although it is a progressive party of the Woodrow Wilson flavor and not like the once-democratic party which is now full on Marxist. Your RINO’s, country club, chamber of commerce and corporatist/globalist republicans have about as much allegiance to the Bill of Rights and Founding Principles of this country as any mainstream democrat. You shall know them by their fruits. Watch how they act and react when their comfort zones are pushed. If… Read more »
Seems to me that the victims , those who open carried have a very nice civil case.
In Florida it is legal to open carry, long arms or sidearms, when hunting, fishing, camping, or on way to do these things. These men were carrying fishing poles and associated gear while walking onto a pier which is a popular fishing spot. No reason to doubt they were there to go fishing. Yes it is a stupid law – such distinction causes all manner of confusion as seen in video and numerous others by “auditors.” Just follow lead of all rational states and ‘legalize’ all manners of carry. Legalize in quotes as 2A already does so – but illegally… Read more »
No one ever accused police officers of being smart or knowing the law.
It’s instructive that the officer who believed in the first amendment didn’t know which amendment recognized citizens’ right to bear arms.
Ben Albritton, who never once answered a single one of my requests in ALL the 7 years he was my Senator,
and
Daniel Perez, a ‘Climber’ Attorney out of Miami, a city where they relish Gun-Control and very begrudgingly submitted to State Supremacy.
These are now the Florida House Leadership,
We are in Big Trouble.
Was the cop with the soprano or castrato voice a male or female?