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Federal judge permanently blocks docs n’ guns law

by Dara Kam | July 2nd, 2012

Florida doctors will be allowed to ask their patients about gun ownership after a federal judge on Friday ruled a law barring physicians from questioning patients about weapons in the home is unconstitutional.

U.S. District Judge Marcia Cooke blocked the law from going into effect last year after three groups of doctors sued Gov. Rick Scott over what they called the “doctor gag law.”

On Friday, Cooke ruled that the law is unconstitutional because it violates the First Amendment freedom of speech rights.

“This law chills practitioners’ speech in a way that impairs the provision of medical care and may ultimately harm the patient,” Cooke wrote in her 25-page ruling>ruling.

Passed by lawmakers last year, Florida was the only state in the nation to impose the restriction on doctors, according to the National Rifle Association, which pushed the law. Some gun-owners complained that their doctors were using questions about firearms to discourage gun ownership. According to the lawsuit, one doctor refused to treat a patient who refused to answer questions about whether he owned a gun.

Cooke also said the law, which imposes penalties on doctors who “unnecessarily harass a patient about firearm ownership,” was too vague.

The “harassment provision does not provide fair notice as to what range of conduct it prohibits,” Cooke wrote.

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3 Responses to “Federal judge permanently blocks docs n’ guns law”

  1. GO OBAMA Says:

    THE NRA OWNS FLORIDA.

    UNACCEPTABLE.

    Clean House this year folks.

    Democrats.

    Straight ticket.

    State legislature.

    State senate.

    CLEAN HOUSE.

  2. Mary Says:

    Once again we see that the judiciary is the only group to save the Constitution from the Tea Party and the NRA. That’s the exact reason why the chuckleheads are out to get three Florida Supreme Court justices. The answer to any decision they don’t like is to get rid of the justices. Look how they’ve turned on the Chief Justice of the SCOTUS. One decision these ugly people don’t like and they are out for his head.

  3. kelly Says:

    Sensible gun owners are not aligned with the NRA, and they know it. Don’t believe the propaganda about gun control coming in an Obama second term. The NRA is a lobbying group for gun manufacturers, nothing more. All the 2nd amendment rhetoric is a smokescreen.

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