Florida Docs vs. Glocks: Federal Court Scores First Round for Docs

Earlier this summer, I wrote about a brewing court fight over a new Florida law that physicians claimed had the practical effect of banning them from discussing gun ownership and safety with their patients and, in the case of pediatricians, with their patients’ parents.

Principals for each side characterized their position as protection of a constitutional right – free speech for the physicians and the right to bear arms for the state defense team and other guns rights advocates.

Last week, U.S. District Judge Marcia G. Cooke declared that the law violated the First Amendment rights of doctors and patients. The judge granted a temporary injunction of the law, including the $10,000 fine that could be levied against violating physicians.

Judge Cooke wrote, “The State has attempted to inveigle this Court to cast this matter as a Second Amendment case. Despite the State’s insistence that the right to ‘keep arms’  is the primary constitutional right at issue in this litigation, a plain reading of the statute reveals that this law in no way affects such rights.”

According to the Miami Herald, Gov. Rick Scott vowed to appeal the decision. The Miami Herald quoted a written statement from Gov. Scott’s office.  “The privacy of firearm owners’ legislation was carefully crafted to respect the First Amendment. We plan to appeal the judge’s block, and we’re confident we’ll win the appeal.”

The Florida law is the first of its kind in the country. Reuters reports that Florida’s gun laws are some of the most liberal in the nation, vigorously protecting private gun ownership.

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