wickedsprint
Member
This is an updated to the 2018 Miami Beach case where an open carry advocacy group was detained for 80 minutes after they open carried on the Miami Beach Pier. They argued their detention was a violation of their rights due to the Florida exception which allows open carry while engaged in fishing or travel to / from fishing.
Short version, despite their activity being legal per Florida law, the 80 minute detention which included running their personal information, the guns serial numbers and a check of their fishing licenses was considered reasonable because open carry itself is illegal, and that hunting / fishing is an "affirmative defense" to the crime of open carry. Per the ruling, LEO are not required to consider Affirmative defenses prior to the stop.
City announcement:
https://www.miamibeachfl.gov/news/p...ctivists-openly-carrying-firearms-in-florida/
Official ruling:
https://www.miamibeachfl.gov/wp-content/uploads/2021/10/77-Order-Granting-CMB-Officers-MSJ.pdf
Short version, despite their activity being legal per Florida law, the 80 minute detention which included running their personal information, the guns serial numbers and a check of their fishing licenses was considered reasonable because open carry itself is illegal, and that hunting / fishing is an "affirmative defense" to the crime of open carry. Per the ruling, LEO are not required to consider Affirmative defenses prior to the stop.
City announcement:
https://www.miamibeachfl.gov/news/p...ctivists-openly-carrying-firearms-in-florida/
Official ruling:
https://www.miamibeachfl.gov/wp-content/uploads/2021/10/77-Order-Granting-CMB-Officers-MSJ.pdf