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
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

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

News  

Monday, April 15, 2024

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

So-called “universal” background checks were back in the news last week. The Biden administration and the regime press were promoting the impression that ATF’s new “engaged in the business” rule closed the non-existent “gun show ...

Invisible Crime and Other “Simple Realities”

News  

Monday, April 15, 2024

Invisible Crime and Other “Simple Realities”

Viewers were reminded of the disturbing disconnect between the Biden Administration and everyday Americans on seeing Pete Buttigieg, the Secretary of Transportation, interviewed on television not too long ago.

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Wednesday, April 10, 2024

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Senator Anne Carney, Maine's leading gun grabber, is at it again.

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Sunday, April 14, 2024

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Late Friday night, the Maine Senate passed a number of extreme anti-gun bills. These bills included 72-hour waiting periods on firearm purchases and transfers, redefining semi-automatic firearms as "machine guns," and implementing universal background check ...

Maine: Only One Vote Needed to Kill Waiting Periods

Wednesday, April 17, 2024

Maine: Only One Vote Needed to Kill Waiting Periods

If you want to save your Second Amendment rights in Maine, you need you to act NOW. After lengthy debates, the House and Senate passed 72-hour waiting periods by only ONE VOTE in each chamber.

Colorado: Semi-Auto Ban Up For Final Vote in House

Saturday, April 13, 2024

Colorado: Semi-Auto Ban Up For Final Vote in House

HB24-1292 the semi-auto ban passed its second reading yesterday and is scheduled for final vote tomorrow in the House before moving on to the Senate.

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.