Posted on 07/06/2018 5:08:43 AM PDT by marktwain
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.
(Excerpt) Read more at ammoland.com ...
Should be a considerable settlement in court.
Under Florida law, the police are at risk for their jobs.
“Under Florida law, the police are at risk for their jobs.”
They’re also at risk for a Federal Civil action for Deprivation of Rights under False Color Of Authority. 42USC1983.
Federal criminal charges are also a possibility under 18USC242.
L
Section 1983 complaint-able?
I’m not sure who was being a worse jerk about it. That sounds like a way to get the fishing loophole closed, at least. Who shoots fish? Sometimes well enough is best left alone.
“Under Florida law, the police are at risk for their jobs. “
Probably not in Miami. The law is what the prosecuting attorney and the courts decide it is. If they don’t like it, they don’t enforce it.
I got a Sneaky Pete holster but it looks so unusual that my friends immediately stepped forward and bent to look at it, one enquiring suspiciously, “What’s that?” I figured if my friends were that attracted to ask about it, I would get even more unwanted attention from insane liberals. A black woman in Walmart spotted a concealed weapon on an older white man and screamed, “Look out! He has a gun!” The man was detained by a cop in the store and there could have been a shooting incident where an innocent man got killed. The cops briefly held the man, took his gun and Walmart told him to never come back. He’d done nothing wrong and nothing unlawful. The woman should have been arrested, but instead looked on with a smug expression. What makes open carry dangerous is women like her and they are all too common.
I conceal carry a .380 S&W. But it’s hard to get if you’re sitting in a car and even if you just need it instantly. But, it’s a lot safer for me to carry given the crazy, dangerous anti-gun activists that seem to infest the world.
There should be hell to pay, absolutely.
If this is left unanswered, the implications are quite dire - from a liberty standpoint.
Will there be outrage (not just mentioning it) from the alphabet channels and talk radio? There should be.
How about it Napalotano or Pirro?
How about Pam Bondi?
She had no problem with her theatrics in from of the camera when the MeToo frauds were making unsubstantiated allegations.
Let’s see if she is worthy of her position.
How about Jeff Sessions? He all of a sudden ‘got religion’ with those 600 arrests related to opiods a while back.
Free country? Nice illusion. At any time or any place the government has the power, but not the right, to take away our freedom.
What was the law about Walmart? If it permitted it to declare itself “private gun free” well it can always be boycotted. You pays your money you takes your choice. Any concession to time and manner regulation leads to this. And jerks sometimes bring it on themselves.
“Who shoots fish? “
My father used to bring a gun with us when we went fishing. We would occasionally bring up small hammerhead and other sharks and he would kill them before pulling them into the boat.
Who shoots fish?
If anyone asks about my SP I just tell them it is a medical device. That is all they need to know.
I am being truthful too. It could save my life someday.
Their new designs also come with various distractions on them.
“What was the law about Walmart?”
My understanding of Florida law is the concealed carrier did nothing. Apparently, his gun made a silhouette under his t-shirt. Which probably indicates it isn’t really concealed. But he did nothing wrong I can see. Cops and companies act simply to stop whatever is disrupting things. They don’t care what the law is, the simply want what whatever is going on to stop. In this case, it was the acting-out black woman. But, nobody is going to say anything to a black woman because...racism. As I have noted in previous encounters, the cops and companies deal with the sane, law abiding element, not the irrational crazy person.
I suspect the Walmart manager acted outside his authority, but with nobody challenging him, he is effectively “the law.” As for boycotting Walmart, in this tiny town that would be like trying to empty the Atlantic with a teacup.
This would apply if it were possible to catch such fish at the pier. On the other hand it might cause a small panic on the pier. It seems not the best advised thing in the world to risk if the law is going your way.
All fishing is not from a pier. It is certainly legitimate to have a pistol while fishing in Florida.
“When the police....”
The long arm of the politicians.
Why should a person be deprived of their 2A right of self defense when fishing or camping?
“Their new designs also come with various distractions on them”
I went to Sneaky’s web page and didn’t see anything beyond the cammo. Is that what you meant? If not, can you publish a link?
This was at a pier though. People fish on piers, but generally don’t shoot fish on piers, at least unless they know what and who else is around that pier.
Technically okay, maybe tactically unwise. Making a big legal deal here could result in the new draft assuming that sportsmen don’t have common sense.
Betcha billionaire NBA players there to party are exempted.
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