Wednesday, September 14, 2011

'Docs Verses Glocks' Law Ruled Unconstitutional

I wrote about HB 155 that was signed by Gov. Rick Scott. The legislation made it against the law for doctors to ask patients if their homes had a gun within the reach of a child. Republicans also voiced conspiracy theories about doctors keeping a secret database on patients that have guns. The wondering thing about a conspiracy theory is that Republicans did not have to provide evidence to support their fanciful claims.

Apparently, Judge Marcia Cooke agreed with my assessment that the law infringed upon the First amendment rights of doctors.

A federal judge in Miami has blocked enforcement of a first-in-the-nation Florida law restricting what physicians can say about guns to their patients.

U.S. District Judge Marcia Cooke ruled Wednesday that the law violates the Constitution's free-speech protections for both doctors and patients.

To be fair, patients have a right not to answer the question on if they own a gun that is near a child. I want to see people practice gun safety around children. I do believe people have a right to their privacy.

This legislation was slammed through the legislature by NRA lobbyist Marion Hammer. It is no exaggeration to call Hammer the most powerful lobbyist in Tallahassee. Hammer constantly slammed Republican superstar Marco Rubio last year. You didn't hear the Florida GOP establishment take Hammer to task for going after Rubio. That is because Republicans don't want to piss off Hammer and the NRA.

In related news: Rep. Rick Kriseman has a bill to repeal HB 155. The bill is symbolic. Krisemen doesn't expect the bill to make it out of committee.

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