Miami Federal Judge Blocks Controversial Gun Law Regarding Doctors

September 2011 – Miami, Fla. – A federal judge in Miami has blocked one of the more recent Florida gun laws, citing that it infringes on free speech and constitutional rights.

The Palm Beach Post reported that the hearing on September 14th resulted in U.S. District Judge Marcia G. Cooke ruling that the law potentially interfered with free speech and doctors’ constitutional rights to inform patients. The Firearms’ Ownership Privacy Act is the law in question, which prevents doctors from questioning patients on their ownership of firearms.

The practice of doctors asking patients about gun ownership was designed to help raise gun safety by allowing doctors to caution their patients about safety issues. This was especially important in pediatrics, where child gun safety is a serious concern.

Those who support the law say that it’s no business of doctors whether or not their patients own firearms, and that it violates their right to privacy about their personal gun ownership. Opposition to the law claims that a doctor should be able to question a patient on gun ownership to be able to best inform them about safety and avoiding injury.

The National Rifle Association, which supports the law, fear that if doctors are allowed to continue questioning patients on gun ownership they may bias their treatment or refuse patients who own guns.

As a service to our clients we often publish articles on local news events that are relevant to criminal defense cases. If you are arrested on gun charges and are unaware of howFloridagun laws may affect your case, you should speak to an experiencedMiamicriminal defense attorney to defend your rights.

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