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Thread: Miami Beach Fishing Pier prohibits firearms despite Florida’s preemption statute.

  1. #1
    Regular Member Scouts_Out's Avatar
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    Miami Beach Fishing Pier prohibits firearms despite Florida’s preemption statute.

    http://miamibeachfl.gov/parksandrecr....aspx?id=57993

    I came across this page while looking online for a place to fish and OC. It shows the following:

    PIER RULES
    • Three (3) rod limit per person.
    • No fishing reels over 4/0.
    • Bait cutting is only permitted on tables provided for that purpose.
    • All fish cleaning refuse, waste, or unusable matter shall be placed in receptacles provided.
    • Do not discard bait or fish into the ocean.
    • No cast net, hoop net or frame net fishing.
    • No shark fishing or shark beaching in the vicinity of the pier.
    • No walking, climbing or sitting on the railings.
    • No jumping or diving from pier.
    • No alcoholic beverages
    • No glass containers or styrofoam.
    • No firearms or fireworks.
    • No bikes, skateboards or rollerblades.
    • No motorized modes of transportation.
    • No open flames allowed.
    • No dogs or other pets allowed.
    • Children 12 years and under must be accompanied by an adult while on the pier.

    I immediately contacted someone who the MB website has listed as the Acting Assistant Director. I informed her that this “rule” was in direct violation of FL Statute 790.33. She said ”well I don’t know because we checked with other piers and this what they do”. She promised to look into it and let me know about what she finds. I will follow up on this issue and will post any updates.

  2. #2
    Regular Member Rich7553's Avatar
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    We'll just have to do an OC fishing event there.

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Rich7553 View Post
    We'll just have to do an OC fishing event there.

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    I thought FL had illegally banned Open Carry? While certainly not law, LEOs will pretend it is and you're almost certain to have crimes committed against you
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Regular Member Scouts_Out's Avatar
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    Quote Originally Posted by gutshot View Post
    You should ask which other piers they have "checked with" and look at them, once you get this one straightened out.
    Roger, that's the plan.

    I intend to locate as many of these as possible and attempt to have them removed.

    I guess I'm just following Rich7553 advice to PITCH IN and QUIT B*TCHING about my gun rights.

  5. #5
    Regular Member Rich7553's Avatar
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    Just know the difference between a publicly and privately owned pier. If it's publicly owned, it is a violation of FS 790.33 to prohibit firearms. Public property, even when run by a contractor, is subject to preemption as the contractor legally is a state actor. If it's privately owned, the owner can set and enforce his own rules through the trespass laws.

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    Quote Originally Posted by rightwinglibertarian View Post
    I thought FL had illegally banned Open Carry? While certainly not law, LEOs will pretend it is and you're almost certain to have crimes committed against you
    Open carry while fishing is an exception to the general ban on open carry. Open carry fishing events occur all over the state every month.

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by Rich7553 View Post
    We'll just have to do an OC fishing event there.

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    Rich,

    Yep, perhaps a nice motorcycle ride over for some fishing will be in order soon?

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    Seems like just suggestions to me ... no mention of any penalty.

    And no beer? Right. That one's followed.

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by notalawyer View Post
    Open carry while fishing is an exception to the general ban on open carry. Open carry fishing events occur all over the state every month.
    Strange laws. Very strange.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Regular Member Scouts_Out's Avatar
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    Issue Resolved

    I received this email today. I'm glad that they were able to sort it out, I just wished that they would do some research before enacting these unlawful rules.

    Good Afternoon Mr. Hernandez,

    I am contacting you regarding the signage at the South Pointe Pier. As I mentioned yesterday, I requested that our Law Department provide guidance on the possibility of our signage being in violation of Section 790.33, of the Florida Statutes. They have confirmed that the verbiage specific to firearms is in fact in violation of the state statute.

    Thank you for bringing this to our attention. As such, we will be replacing the signs, eliminating the verbiage that reads “No Firearms”.

    Again, I want to thank you for your vigilance and please feel free to contact me with any questions or concerns.

    Regards,

    Liz

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    Regular Member Rich7553's Avatar
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    Quote Originally Posted by Scouts_Out View Post
    I received this email today. I'm glad that they were able to sort it out, I just wished that they would do some research before enacting these unlawful rules.

    Good Afternoon Mr. Hernandez,

    I am contacting you regarding the signage at the South Pointe Pier. As I mentioned yesterday, I requested that our Law Department provide guidance on the possibility of our signage being in violation of Section 790.33, of the Florida Statutes. They have confirmed that the verbiage specific to firearms is in fact in violation of the state statute.

    Thank you for bringing this to our attention. As such, we will be replacing the signs, eliminating the verbiage that reads “No Firearms”.

    Again, I want to thank you for your vigilance and please feel free to contact me with any questions or concerns.

    Regards,

    Liz
    Congrats!

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    Last edited by Rich7553; 09-11-2014 at 11:35 PM.
    Rich
    MSgt, USAF Ret.
    Executive Director
    Florida Carry, Inc.
    www.floridacarry.org
    Glock 23 RTF2
    Mosin Nagant M91/30 (1942 Izhevsk)
    _____________________________________
    Want to do something about your gun rights?
    PITCH IN, QUIT B*TCHING!

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    Moderator / Administrator Grapeshot's Avatar
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    Gotta love it when a newbie (Scouts_Out ) jumps in with both feet and takes up the gauntlet!

    Kudos - nice work.
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    Regular Member 1245A Defender's Avatar
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    Well,,,

    Quote Originally Posted by Grapeshot View Post
    Gotta love it when a newbie (Scouts_Out ) jumps in with both feet and takes up the gauntlet!

    Kudos - nice work.
    couldnt agree more,, he is a REAL Activist!!!

    and with only 9 posts he doesnt evenhave a star yet,, but he will get one the next time he posts, even a junk post...

    I recommend that he get TWO stars and the Title,, "Activist"!!!!

    We ALL need more like him!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

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    it is their right and duty to be at all times ARMED!

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    Regular Member 2OLD2W8's Avatar
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    Quote Originally Posted by Scouts_Out View Post
    I received this email today. I'm glad that they were able to sort it out, I just wished that they would do some research before enacting these unlawful rules.

    Good Afternoon Mr. Hernandez,

    I am contacting you regarding the signage at the South Pointe Pier. As I mentioned yesterday, I requested that our Law Department provide guidance on the possibility of our signage being in violation of Section 790.33, of the Florida Statutes. They have confirmed that the verbiage specific to firearms is in fact in violation of the state statute.

    Thank you for bringing this to our attention. As such, we will be replacing the signs, eliminating the verbiage that reads “No Firearms”.

    Again, I want to thank you for your vigilance and please feel free to contact me with any questions or concerns.

    Regards,

    Liz
    Bravo Sir.......
    “We can ignore reality, but we cannot ignore the consequences of ignoring reality.” Ayn Rand

    "free people ought...to be armed." In so doing we grasp the larger lesson that the ability to defend ourselves is part and parcel to our freedom. George Washington , January 7, 1790

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    Regular Member 77zach's Avatar
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    Well done
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Regular Member Scouts_Out's Avatar
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    Thank you. I truly appreciate all the compliments, especially coming you folks, whom I admire and respect.

    I would love to organize a fishing and OC event at this pier, but as a newbie, I don't know how to put
    it together or who to contact. If anyone has any suggestions, please let me know.

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by Scouts_Out View Post
    Thank you. I truly appreciate all the compliments, especially coming you folks, whom I admire and respect.

    I would love to organize a fishing and OC event at this pier, but as a newbie, I don't know how to put
    it together or who to contact. If anyone has any suggestions, please let me know.
    Scout,

    Nicely done on the pier signage.

    I'd ride over to your side of the state for a fishing expediton on the pier some time in the future for sure.

    Besides, I need to hit the Jai-Alai fronton the next time over and that would give me a good excuse!

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