Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert! Two Federal Courts UPHOLD gun rights in separate opinions

Monday, July 28, 2014

DATE:   July 27, 2014
TO:        USF & NRA Members and Friends
FROM:  Marion P. Hammer
              USF Executive Director
              NRA Past President

On Friday, July 25, 2013, in a 2-1 opinion the 11th U.S. Circuit Court of Appeals in Atlanta issued a strong opinion upholding Florida's law to protect the privacy rights of firearms owners and stop anti-gun doctors from interrogating parents and children about gun ownership.  It is a huge win in a case the media has named the "Docs & Glocks" case. 

Please click here to read the Miami Herald article titled, Federal court upholds Fla’s docs vs. glocks law, about this victory.

To read the 11th U.S. DCA Opinion click here.


On Saturday, July 26, 2014 the U.S. District Court for Washington D.C. ruled that the D.C. ban on gun carry rights was unconstitutional.


Please click here to read Emily Miller’s article, Federal judge rules DC ban on gun carry rights unconstitutional, on foxnews.com, about this win.

To read the Opinion click here.


BACKGROUND ON THE FLORIDA CASE

In 2011, following passage of House Bill 155 Privacy of Firearms Owners by Representative Jason Brodeur, Senator Greg Evers and others, the Brady Campaign initiated a legal action against Governor Rick Scott in U.S. District Court in Miami, to stop enforcement of the law. 

Joining the Washington, D.C. based gun control organization was the American Medical Association, the American Academy of Pediatrics and numerous anti-gun doctor organizations in the country and in Florida.  The judge in Miami granted a permanent injunction against enforcement of the law alleging a violation of the First Amendment rights of doctors and claiming the law was unconstitutionally vague.

On behalf of Governor Rick Scott, Attorney General Pam Bondi filed an appeal in U.S. 11th Circuit DCA and was joined by NRA and other organizations.

The 11th Circuit panel decision was 2-1 in our favor.  The Court ruled that the law does not violate First Amendment rights and is not unconstitutionally vague.

from the opinion --

"In keeping with these traditional codes of conduct—which almost universally mandate respect for patient privacy—the Act simply acknowledges that the practice of good medicine does not require interrogation about irrelevant, private matters.  As such, we find that the Act is a legitimate regulation of professional conduct.  The Act simply codifies that good medical care does not require inquiry or record-keeping regarding firearms when unnecessary to a patient’s care."

IN THIS ARTICLE
Florida Patient privacy
TRENDING NOW
Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

News  

Monday, May 13, 2024

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

Set aside communist Cuba for a moment, these days another Caribbean island jurisdiction is providing a cautionary tale for U.S. gun owners. 

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

News  

Monday, May 13, 2024

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

When a reasonable person finds it impossible to take anti-gun big city politicians and their professed “need” for more gun control seriously, maybe it’s stories like this one from Washington, D.C. that play a role.

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

News  

Friday, May 3, 2024

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

Today, the National Rifle Association of America (NRA) announced that President Donald J. Trump will address NRA members as the keynote speaker at the 2024 NRA Annual Meetings & Exhibits on Saturday, May 18th in Dallas, ...

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

Monday, May 13, 2024

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

On May 8, 2024, the Ninth Circuit Court of Appeals upheld California’s law requiring California’s Department of Justice to provide firearm purchasers’ and CCW applicants’ information to research institutions.

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

News  

Monday, May 6, 2024

The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

In his State of the Union address this year, President Joe Biden proclaimed that “Americans deserve the freedom to be safe, and America is safer today than when I took office,” boasting that “[l]ast year, the murder ...

Maine: Waiting Period Law May Force Kittery Trading Post Out of State

Tuesday, May 7, 2024

Maine: Waiting Period Law May Force Kittery Trading Post Out of State

Last month, after a barrage of procedural games and inaction by Governor Janet Mills, radical progressive politicians passed LD 2238, "An Act to Address Gun Violence in Maine by Requiring a Waiting Period for Certain Firearm Purchases", ...

Delaware: Governor to Sign Permit to Purchase Bill

Tuesday, May 14, 2024

Delaware: Governor to Sign Permit to Purchase Bill

Governor Carney is scheduled to sign extreme Permit to Purchase legislation in Dover on Thursday. May 16th.

Huge Victory for Colorado Gun Owners: Semi-Auto Ban Dead for 2024 Session!

Tuesday, May 7, 2024

Huge Victory for Colorado Gun Owners: Semi-Auto Ban Dead for 2024 Session!

On Tuesday, May 7th, House Bill 1292, the semi-automatic ban, was indefinitely postponed and is officially off the table for this legislative session. 

NRA Files Legal Challenge to New Mexico Waiting Period Law

News  

Second Amendment  

Wednesday, May 15, 2024

NRA Files Legal Challenge to New Mexico Waiting Period Law

Today, the National Rifle Association of America (NRA) filed a lawsuit in the federal district court of New Mexico challenging the State of New Mexico’s new waiting period law, which took effect today. ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.