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

Scouts_Out

Regular Member
Joined
Apr 27, 2011
Messages
10
Location
Miami, FL
http://miamibeachfl.gov/parksandrecreation/scroll.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.
 

Rich7553

Regular Member
Joined
Jan 15, 2010
Messages
515
Location
SWFL
We'll just have to do an OC fishing event there.

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Scouts_Out

Regular Member
Joined
Apr 27, 2011
Messages
10
Location
Miami, FL
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.
 

Rich7553

Regular Member
Joined
Jan 15, 2010
Messages
515
Location
SWFL
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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notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
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.
 

Scouts_Out

Regular Member
Joined
Apr 27, 2011
Messages
10
Location
Miami, FL
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
 

Rich7553

Regular Member
Joined
Jan 15, 2010
Messages
515
Location
SWFL
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:

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Gotta love it when a newbie (Scouts_Out ) jumps in with both feet and takes up the gauntlet!

Kudos - nice work. :)
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
Well,,,

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!
 

2OLD2W8

Regular Member
Joined
Apr 14, 2011
Messages
138
Location
Black Waters
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.......
 

Scouts_Out

Regular Member
Joined
Apr 27, 2011
Messages
10
Location
Miami, FL
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.
 

ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
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!

AD
 
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