2018-30604 ResolutionRESOLUTION NO. 2018 -30604
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO AMEND SECTION 790.25(3)(h) OF THE FLORIDA
STATUTES TO REPEAL THE PROVISIONS ALLOWING FOR THE
OPEN CARRY OF FIREARMS AND OTHER WEAPONS WHILE
ENGAGED IN FISHING OR CAMPING OR GOING TO OR RETURNING
FROM A FISHING OR CAMPING EXPEDITION; AND FURTHER
URGING THE FLORIDA LEGISLATURE TO CREATE A NEW
SUBSECTION IN 790.25 MAKING IT LAWFUL FOR PERSONS
ENGAGED IN THE AFOREMENTIONED ACTIVITIES TO OWN,
POSSESS, AND LAWFULLY USE FIREARMS AND OTHER WEAPONS
WHEREIN THE CONCEALED CARRY LICENSE PROVISIONS IN
SECTION 790.06 OF THE FLORIDA STATUTES WOULD NOT APPLY.
WHEREAS, currently, Section 790.25(3)(h) of the Florida Statutes allows the open carry
of firearms and other weapons when a person is engaged in fishing, camping, or lawful hunting
or going to or returning from a fishing, camping, or lawful hunting expedition; and
WHEREAS, due to the State's geographical location near the coast, many prime fishing
locations are located near or in the heart of an urban setting, such as fishing piers in the City of
Miami Beach; and
WHEREAS, given the current climate and frequent shooting incidents in the United States
of America, seeing an individual or a group of individuals openly carrying firearms and weapons
is highly likely to create an atmosphere of fear and concern among citizens, especially in a place
like the City of Miami Beach where many residents and tourists visit the beaches and the adjacent
fishing piers and docks with their families and children; and
WHEREAS, this Iaw authorizing the open -carry of firearms and other weapons while going
to or returning from fishing or camping expedition also increases the likelihood of inevitable and
unnecessary confrontations with law enforcement who may not be aware that the individual or
group are going to or returning from a fishing or camping expedition; and
WHEREAS, the City of Miami Beach urges the Florida Legislature to repeal the provisions
in Section 790.25(3)(h) to the extent to which they permit a person to openly carry weapons or
firearms when engaged in fishing or camping or going to or returning from a fishing or camping
expedition; and
WHERE.AS, the -City of Miami Beach further urges the Florida Legislature to create a new
subsection In Section 79(125 of the Florida Statutes, or in any other statutory section It deems
appropriate, making it lawful for persons engaged in fishing or camping, or going to or returning
from a fishing or camping expedition to own, possess, and iswfully use firearms and other
weapons wherein the concealed carry license provisions in Section 700,0E of the Florida Statutes
would not apply.
NOW THEREFORE BE IT DULY RESOLVED $Y THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission he by urge the Florida Legislature to amend Section 790.26(3)(h) of the Florida
Statutes to repeal the provisions allowing for the open carry of firearms and other weapons while
eng In fishing- or camping or going to or returning from a fishing or camping expedition; and
further urging the Florida Legislature to ,areate a new sub::,34.'ction In 790.2E -making it lawful for
persons engaged in the .aforemontionad :activities to own, possess, and lawfully Luie firearms and
other weapons 'whereln the concealed carry license provisions in Section 790,;08 of the Florida
Statutes would not apply.
PASSED AND ADOPTED this
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(Sponsored by Commissioner Micky Steinberg)
Attorooy
MIAMI BEACH
Resolutions - C7 V
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: November 14, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND
SECTION 790.25(3)(H) OF THE FLORIDA STATUTES TO REPEAL THE
PROVISIONS ALLOWING FOR THE OPEN CARRY OF FIREARMS AND OTHER
WEAPONS WHILE ENGAGED IN FISHING OR CAMPING OR GOING TO OR
RETURNING FROM A FISHING OR CAMPING EXPEDITION; AND FURTHER
URGING THE FLORIDA LEGISLATURE TO CREATE A NEW SUBSECTION IN
790.25 MAKING IT LAWFUL FOR PERSONS ENGAGED IN THE
AFOREMENTIONED ACTIVITIES TO OWN, POSSESS, AND LAWFULLY USE
FIREARMS AND OTHER WEAPONS WHEREIN THE CONCEALED CARRY
LICENSE PROVISIONS IN SECTION 790.06 OF THE FLORIDA STATUTES
WOULD NOT APPLY.
RECOMMENDATION
Pursuant to the request of Commissioner Micky Steinberg, the above - referenced Resolution is
submitted for consideration by the Mayor and City Commission at the November 14, 2018
Commission meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
Urge Legislature, Prohibit Open Carry Firearms While Fishing /Camping.
Page 794 of 1981