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Lawsuit to Defend Open Carrier in Florida

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
https://www.gofundme.com/DefendingRKBA

Since 2010 Florida Carry members have been going fishing and lawfully carrying unconcealed handguns in Florida. There has NEVER been a real problem until now.

Open Carry is completely legal while fishing in Florida.

Last weekend one of our members, George Freeman, was detained for over an hour after a Tampa Police Officer unsuccessfully attempted sneak up behind him while fishing and grab his holstered handgun. George turned immediately when he felt an unknown person grab for his gun while reaching for a concealed backup gun. As soon as he saw the uniformed officer George stopped before he drew his backup and did not resist the seizure of his handguns. He also presented his valid Florida Concealed Carry License to the officer.

This extremely dangerous and uncalled-for move by the police officer to seize George’s legal handgun didn’t end once the officer found out that Mr. Freeman was not doing anything wrong. After detaining our member for over an hour the police realized that they could not find any crime to charge him with. So they issued him an order, a trespass notice that prevents him from going to the public pier at Ballast Point for one year.

George Freeman was NOT breaking any law but he was banned from the city pier for exercising his Second Amendment Right to Bear Arms.

This happened at the same park that we have often used as a venue for our MONTHLY Open Carry Fishing Events since 2010 with the full knowledge of the City of Tampa and prior coordination with the City Attorney and the Police Department.

4974090_1434567567.2634_funddescription.jpeg

The Tampa Police also questioned Mr. Freeman in an attempt to determine the identities of our other members. A clear violation of their First Amendment Right to Associational Privacy and Right of Peaceful Assembly.

The State Florida preempts local firearms related policies, trespassing lawful gun owners from public property is against the law. It was also a violation of George’s constitutional rights.

This will not go unanswered. We are in the process of filing a lawsuit to enforce Florida’s Firearms Preemption Law, the Constitutionally Protected Rights of our members, and to have Mr. Freeman’s trespass order, search, and seizure ruled illegal.

We need your help! Filing the lawsuit will cost approximately $650 for filing fees and service of process. Depositions, court reporters, transcripts, etc… will run about $1,500 more. We always expect to end up in the Court of Appeals. This requires additional filing fees and litigation related costs for things like travel, and other necessary expenses. Our lawyers are working on a contingency basis, in other words they don’t get paid until we win. We expect to need at least $5,000 to see this case through.

We have a lot of experience with these types of cases.

Please help us defend the right to bear arms in court once again.

Florida Carry is a Not-For-Profit Corporation incorporated in Florida. 501(c)(4) status has been applied for, donations are not deductible for tax purposes.
 

decklin

Regular Member
Joined
Sep 2, 2011
Messages
758
Location
Pacific, WA
https://www.gofundme.com/DefendingRKBA

Since 2010 Florida Carry members have been going fishing and lawfully carrying unconcealed handguns in Florida. There has NEVER been a real problem until now.

Open Carry is completely legal while fishing in Florida.

Last weekend one of our members, George Freeman, was detained for over an hour after a Tampa Police Officer unsuccessfully attempted sneak up behind him while fishing and grab his holstered handgun. George turned immediately when he felt an unknown person grab for his gun while reaching for a concealed backup gun. As soon as he saw the uniformed officer George stopped before he drew his backup and did not resist the seizure of his handguns. He also presented his valid Florida Concealed Carry License to the officer.

This extremely dangerous and uncalled-for move by the police officer to seize George’s legal handgun didn’t end once the officer found out that Mr. Freeman was not doing anything wrong. After detaining our member for over an hour the police realized that they could not find any crime to charge him with. So they issued him an order, a trespass notice that prevents him from going to the public pier at Ballast Point for one year.

George Freeman was NOT breaking any law but he was banned from the city pier for exercising his Second Amendment Right to Bear Arms.

This happened at the same park that we have often used as a venue for our MONTHLY Open Carry Fishing Events since 2010 with the full knowledge of the City of Tampa and prior coordination with the City Attorney and the Police Department.

4974090_1434567567.2634_funddescription.jpeg

The Tampa Police also questioned Mr. Freeman in an attempt to determine the identities of our other members. A clear violation of their First Amendment Right to Associational Privacy and Right of Peaceful Assembly.

The State Florida preempts local firearms related policies, trespassing lawful gun owners from public property is against the law. It was also a violation of George’s constitutional rights.

This will not go unanswered. We are in the process of filing a lawsuit to enforce Florida’s Firearms Preemption Law, the Constitutionally Protected Rights of our members, and to have Mr. Freeman’s trespass order, search, and seizure ruled illegal.

We need your help! Filing the lawsuit will cost approximately $650 for filing fees and service of process. Depositions, court reporters, transcripts, etc… will run about $1,500 more. We always expect to end up in the Court of Appeals. This requires additional filing fees and litigation related costs for things like travel, and other necessary expenses. Our lawyers are working on a contingency basis, in other words they don’t get paid until we win. We expect to need at least $5,000 to see this case through.

We have a lot of experience with these types of cases.

Please help us defend the right to bear arms in court once again.

Florida Carry is a Not-For-Profit Corporation incorporated in Florida. 501(c)(4) status has been applied for, donations are not deductible for tax purposes.
Why don't you guys release all this to the media too? This cops name should be everywhere. That was a dangerous and irresponsible move. What did he think he was doing? Obviously he knew George wasn't a criminal or he wouldn't have tried that crap.
 

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
A press release will go out when the case is filed.
 
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solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
immediately notify TPD's IA with a formal written complaint and recommend you discontinue the discourse on this public forum.

oh, wait this is a we are looking for money thread...

sorry to have intruded...especially since the notification of the agencies IA costs you absolutely nothing.

ipse
 

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
We have dealt with the Tampa PD on these issues before, many times... A lawsuit is now necessary.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
We have dealt with the Tampa PD on these issues before, many times... A lawsuit is now necessary.

ah, this happened just last weekend and you are now moving directly to lawsuit without any preliminary paperwork dance to have an internal agency investigation to validate your member's 'he said, he said' account or FOIA to see what the officer report(s) said ~ the officer cuffed your member for safety reason???, etc.?

ok, however, just seems a bit strange a uniformed officer could 'sneak' up behind someone and that someone would immediately stop SD activities of 'going for his BUG' (uh, what is wrong with his firearm on his hip??) just last weekend and you are seeking funding w/o formal complaints to the agency involved.

'friad an officer of the law would be needing a minimum a wrist brace and possibly other medical attention if they attempted to 'sneak' up on me to grab my holstered firearm and the officer's supervisor would be on scene immediately after I was released.

just saying best of luck

ipse
 
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StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
If you assume we are only going off of our member's account of what happened. You would be incorrect in your assumption.
 
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skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
May I have a link to where a donation earmarked specifically and solely for this case might be made?

Thanks.

stay safe.
 

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
--- Update ---

A Tampa Police Department spokesperson issued the following statement in the media after the incident became public:

"It was an error on the officers' part. The trespass warning will be rescinded and we are working to contact Mr. Freeman's to apologize to him.
Officers are being reminded that open carry of a firearm while fishing is legal in Florida."

Florida Carry immediately emailed the Tampa Police Department with contact information for Mr. Freeman's attorney. There was no response to the email and his attorney, Eric Friday, has no record of a call being made to his office by anyone with the City of Tampa. The trespass notice has, to our knowledge, not yet been rescinded. Regardless, a simple apology is an insufficient remedy for the violations of civil rights and Florida law suffered by George Freeman, Florida Carry, and our members.
 
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Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
If it were me, when they made contact, I'd seek to have the officer charged with attempted theft of a firearm, or something like that. Otherwise it's a consequence-free action. Who knows, the department might have put him up to it. Certainly, they were behind the attempted ban.
 

MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,239
Location
Philipsburg, Montana
If it were me, when they made contact, I'd seek to have the officer charged with attempted theft of a firearm, or something like that. Otherwise it's a consequence-free action. Who knows, the department might have put him up to it. Certainly, they were behind the attempted ban.

I react "badly" to attempts like this. It does not matter who the "attacker" is, they will/have been met with my (very painful) immediate action drill. We can work out ID and a "sorry about that" after.
 

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
I react "badly" to attempts like this. It does not matter who the "attacker" is, they will/have been met with my (very painful) immediate action drill. We can work out ID and a "sorry about that" after.

You say that but in reality, it's so shocking that, often, you just 'jump'. Besides, what does it get you but a potential arrest for assault? You have to prove the LEO made a grab, which he will deny.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
I react "badly" to attempts like this. It does not matter who the "attacker" is, they will/have been met with my (very painful) immediate action drill. We can work out ID and a "sorry about that" after.

MSG, et al., that was my perception, might, just might help the nice LE up off the ground...

ipse
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
You say that but in reality, it's so shocking that, often, you just 'jump'. Besides, what does it get you but a potential arrest for assault? You have to prove the LEO made a grab, which he will deny.

Maverick, as the kind folk with FL Carry, have publicly stated on this forum: quote StogieC If you assume we are only going off of our member's account of what happened. You would be incorrect in your assumption. unquote

Soooo...the org must have other witnesses who can attest to the officer's unprofessional behaviour last weekend, therefore, could attest to the reactions of said failed attempt and the nice LE slipping on the wet pier.

'sides, everybody risk's 'potential arrest' from interactions with the nice peace officers under the most mundane circumstances at any given time. some citizens even die.

sidebar, StogieC, was that main stream media, tampa bay times where the police apologized or some the backwater "we only carry those stories against police' type op-ed internet sources which your org feeds information to?

therefore, could you provide a cite for said 'media' apoligy. thanks

ipse
 
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StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
...

sidebar, StogieC, was that main stream media, tampa bay times where the police apologized or some the backwater "we only carry those stories against police' type op-ed internet sources which your org feeds information to?

therefore, could you provide a cite for said 'media' apoligy. thanks

ipse
Sarasota Herald Tribune - see comments
http://thegunwriter.blogs.heraldtri...tain-trespass-fisherman-for-legal-open-carry/

Guns.com
http://www.guns.com/2015/06/18/tampa-police-backpedal-on-open-carry-incident/
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
thanks, I think...Sarasota HT is considered a mainstream media outlet?...hummmm, thanks.

ipse
 

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
thanks, I think...Sarasota HT is considered a mainstream media outlet?...hummmm, thanks.

ipse

The Sarasota Herald-Tribune is a daily newspaper located in Sarasota, Florida, founded in 1925 as the Sarasota Herald. It was owned by Halifax Media Group from 2012 to 2015, when Halifax was acquired by New Media Investment Group. Along with Comcast, its primary media partner is SNN, a 24-hour local news channel telecasting from the Main Street building. SNN was founded by the Herald-Tribune in 1995 and was sold to LDB Media in January 2009. The current publisher is Patrick Dorsey and Bill Church is the executive editor.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
The Sarasota Herald-Tribune is a daily newspaper located in Sarasota, Florida, founded in 1925 as the Sarasota Herald. It was owned by Halifax Media Group from 2012 to 2015, when Halifax was acquired by New Media Investment Group. Along with Comcast, its primary media partner is SNN, a 24-hour local news channel telecasting from the Main Street building. SNN was founded by the Herald-Tribune in 1995 and was sold to LDB Media in January 2009. The current publisher is Patrick Dorsey and Bill Church is the executive editor.

Good history on a once sleepy town now sprawled beyond recognition.........but do you remember when the Palmers owned almost everything there (waterfront black angus ranch, old money) and the Palmer Bank? I do.....from a previous life. Wife's mother was Mrs. Palmer's personal assistant and her father was Mr. Palmer's boat/yacht captain. All long gone and the history replaced with corporate entities and housing developments, think one is called Palmer Ranch.

BTW - the Palmers kept guns for various sundry purposes.
 
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