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Bills That Favor Gun Owners Poised To Become Law
April 27, 2011
The House passed two measures supported by the powerful National Rifle Association on Tuesday — one that penalizes counties and cities that pass gun regulations that are stricter than state law and another that limits a doctor’s ability to ask questions about gun ownership.
The Senate is poised to pass similar measures this week, positioning both for likely approval soon by Gov. Rick Scott.
House Democrats slammed both measures for favoring the rights of gun owners over a doctor’s interest in protecting patients – particularly children – and the rights of counties and cities to pass ordinances to protect the safety of their residents.
One measure approved by the House on a 88-30 mostly party-line vote represents a compromise between two lobbying groups, the National Rifle Association and the Florida Medical Association.
The bill (HB 155) limits a doctor from asking a patient about gun ownership if it’s not relevant to the patient’s care, and prevents the doctor from noting gun ownership in a patient’s medical file unless the information is pertinent to the patient’s safety or the safety of others.
Republicans touted the measure as a happy compromise, even though pediatricians still oppose the bill. In its original form, the bill prohibited doctors from ever asking patients about gun ownership.
“The fact that it is better than it was doesn’t make it good,” said Rep. Jim Waldman, D-Coconut Creek. “It’s still an infringement on medical care.”
Republican lawmakers said the bill protects a gun owner from being asked intrusive questions.
“For your children’s doctor to question you regarding gun ownership is absurd,” said Rep. Charles Van Zant, R-Keystone Heights. He said the “murder rate is very high in Jacksonville. A well-armed citizenry is necessary.”
NRA lobbyist Marion Hammer, who was watching the House debate from the gallery, said it is “common” for doctors to ask these questions, though she could not provide an exact number for how many people have complained about such questions being asked.
The second bill (HB 45), approved on a 85-33 vote on predominantly party lines, puts teeth into a current state law that prohibits cities and counties for enacting stricter gun laws than the state.
It would impose financial penalties and allow elected officials to be fired for violating the law.
“This bill is not about protecting the second amendment,” argued Rep. Alan Williams, D-Tallahassee. He said the bill (HB 45) simply would prevent a city or county from regulating guns, jeopardizing the safety of the community.
Republicans defended the measure as a way of making sure cities and counties comply with an existing law. In several instances, counties have enacted stricter gun laws than the state, Republicans said, and felt they could do so because there were no significant consequences for violating the state’s pre-emption law.
“The only thing this bill punishes is arrogance,” said Rep. Matt Gaetz, R-Ft. Walton Beach.
The Senate is poised to take up those same measures (SB 402, SB 432) on Wednesday, along with an NRA-supported bill that was intended to allow gun owners to “open-carry” their guns in stores and in other approved areas.
Those bills make up the NRA’s entire legislative agenda this session.
But an amendment to the open-carry bill (SB 234) approved by the NRA would water down the bill so that it would only affect a situation where a person with a concealed-weapons permit “accidentally or inadvertently” shows their gun, so long as it is not in a “rude, angry or threatening manner.”
Lobbyists for retail stores had opposed the bill because they feared allowing guns to be worn openly into stores would scare off customers. The amendment would soothe their concerns by only permitting guns to be “accidentally” shown at a store.
Hammer said she will talk with the governor about signing the NRA-backed bills once they are passed.
“I have not talked to him about the individual bills,” Hammer said. “The time to do that is when he gets them and we will have that conversation. He is super strong on the Second Amendment.”
By Lilly Rockwell
The News Service of Florida
Comments
23 Responses to “Bills That Favor Gun Owners Poised To Become Law”
OMRBH said….”So far, I’ve not been asked by a doctor if there are firearms in my house. If a dr. should ever ask such a question, I would answer with a question. “What does that have to do with the medical services that you provide?” If he then gave me a long story about why he needs to know, I would answer something to the effect that I felt it was none of his business and that we need to get on with a treatment plan.”
I said…There you go, my friend. Thank you. That’s all it takes. We don’t need to spend taxpayer money writing, debating and passing this law. This is just more wasteful spending.If it’s a privacy issue, as some have said, then just keep it private. Simple. Easy.
So far, I’ve not been asked by a doctor if there are firearms in my house. If a dr. should ever ask such a question, I would answer with a question. “What does that have to do with the medical services that you provide?” If he then gave me a long story about why he needs to know, I would answer something to the effect that I felt it was none of his business and that we need to get on with a treatment plan.
Oh, I did have a doctor comment one time that my name was similar to that of a firearm company………I played dumb
Sandra said…”Do you understand what irony even means?”
I said…(laughter) I can’t believe you have the chutzpah to ask that after that weak attempt to create “irony” between doctors and guns.
This is not a “right to privacy” issue. No one can “make” you give this information. When your doctor does a history on you do you just sit with your mouth shut and refuse to answer? You can, you know. It may be a surprise to you that you will not go to prison for doing so, though you may have to find another doctor.
A doctor should be able to ask you whatever he/she wants. You don’t have to answer. To insist otherwise is to put constraints on their freedom to run their business as they see fit. That’s Communism.
This is about fear among my fellow gun owners. It is disconcerting to see such paranoia in the land of the free and the home of the brave.
Maybe the doctor needs to ask if you have a gun in the house if you seem to be a harm to yourself or to your family. Hey, they are out there! Mentally unstable, drug addicts. All you worried about gun control are just gobbling up what NRA is feeding you FEAR, without bases. NRA is more about gun sales than gun rights!
Its not that I don’t fully believe in your right to bear arm, but come on, NRA is going to far. FEAR, FEAR, FEAR ==== MORE GUNS SOLD!
Do you understand what irony even means? This is a basic right to privacy issue. The fact that I own guns or not has no bearing on my health and that is what a doctor supposedly is concerned with. Gun ownership is none of his business. If you are okay with the slow erosion of your privacy then by all means tell your doctor everything you can that has no direct bearing on your health.
Sandra said…”Doctors kill more people yearly than guns…..see the irony?”
The irony here is that you and others don’t seem to understand the issue at all. No one is talking about gun control. I own guns and I’m not terrified of my doctor asking me if I do. I’ll say yes, won’t answer, or I’ll find another doctor as the mood strikes me.
The irony is that all these well armed people are so frightened that they would rather have our legislature working on this nonsensical piece of legislation than on substantive issues.
The irony is that you are being played. Evers and others like him know that you will vote to keep in office anyone who shouts “Gimme a gun! I love the NRA”. C’mon Sandra. Lose your fear and think for yourself.
See the irony?
Doctors kill more people yearly than guns…..see the irony?
This is a stupid law, how many times as your doctor asked you about gun ownership? My bet is never
Its like passing a law that prevents your doctor from asking you what your fav color is. It makes no sense
AC said…”You do not get to choose my lifestyle, my hobbies, my interests, or where I work. It’s OK to tell me I need to lose weight, eat better, or if I smoke, drink, or do drugs (I don’t BTW) that I need to stop because it is detrimental to my health. ”
I said…Actually AC’s other post at 2:41PM is even more absurd than this one but I could not point out all the ridiculous statements in that one if our word limit was twice the current level.
First of all, let me say that it disappoints me to see my fellow gun owners show so much fear and paranoia about a *potential* question. I have never been asked about guns by any doctor. If this question did arise, I could refuse to answer or change doctors. People in this country are truly terrified if they think this silly non issue should be addressed before the many serious problems we face.
Secondly, wouldn’t telling you to lose weight, stop smoking, drinking or doing drugs infringe upon your lifestyle? Yet you say a doctor has no right to choose your lifestyle.You may want to take another look at your position here. It’s insensible as written.
@XYZ
Who cares should be the people who support our second amendment rights, and those who care that local governments across the state are trying to impose tougher gun laws on us. Rep. Broxson apparently only cares about his neighborhood in Gulf Breeze, not the tens of thousands of gun owners in his district including those in North Escambia.
Now lets pass a bill where you can ask a doctor if he has aids before he can put his hands in your mouth are body. How many will back this bill. Are is this a invasion of his rights. Give a Inch take a mile!!!!
@dgh:
Yes, I buckle up children in car seats when I they ride in my vehicle, but not because some medical doctor told me to do it. I do it because it is common sense.
If I’m not smart enough to know to keep a loaded weapon out of the reach of small children, then what makes you think a doctor’s advice will change that? Medical doctors are not the all-knowing experts on firearm safety that you seem to think they are. Unless they have recently added accredited firearm courses to medical school, or unless the individual doctor just happens to be a gun enthusiast, I probably know more about firearms, and the safety thereof, than most doctors. I actually have had firearm safety courses, which is more than your average doctor can say. As far as that goes, MANY more people are killed in car accidents every day than are killed by gun accidents. So should my doctor instruct me how to drive? Is he now a driving instructor as well as a firearms safety instructor? Should I allow my doctor to make decisions about other hobbies or interests that I may have, even the more dangerous ones? Skydiving, surfing, swimming, flying, racing, boating, and motorcycling are just a few of the many hobbies that are more dangerous than shooting (as evidenced by the number of participants killed or injured), so should medical doctors dictate which of any of these people should or should not participate in when they are physically able to do so? That’s especially true when the hobby has more to do with POLITICS than health or safety.
@Whocares
Whocares
@ AC; would you buckle up a child in a car seat as a precaution? Why not allow a doctor to tell you children have been known to find a gun and get killed, or kill someone else, not understanding what a powerful weapon it is. Seems like over zealousness. Yes, everyone has the right to own a gun, and with it a responsibility, and abuse that right you should loose it, and being willing to consider words of advice, especially with young children just seem reasonable.
soon they will try to take them all together. we need to protect our rights!
Gun ownership is a RIGHT granted by the US Constitution. It is none of my doctors, or my wife’s doctors, or my child’s doctors business if I choose to excercise my constitutional rights. The same as it’s none of their business which church I go to, which political organization I belong to, or who I vote for. You do not get to choose my lifestyle, my hobbies, my interests, or where I work. It’s OK to tell me I need to lose weight, eat better, or if I smoke, drink, or do drugs (I don’t BTW) that I need to stop because it is detrimental to my health. You are a HEALTH PROFESSIONAL and that is ALL you are. Whether or not I hunt, target shoot, or own a gun for my families protection has absolutely nothing to do with my health.
A step in the right direction. Could be the time to undo the damage done, one step at a time.
This is nothing more than lobby groups owning your house and senate in fla.
If the state as an employer discriminates against aperson like the disabled, harrass them, fire them they are limited to $75,000 although being disabled they may never work again. This bill provides for fines of $100,000.00. Gaetz and Evers are owned by NRA and other lobby groups. Look at Evers bill that a bill board company can cut any three they feel limits the view of their signs.. Thye won’t to replace or plant anything or donate to a tree program with the State. This group of reps and senators are bunch of real winners, must be making money hand over fist from the groups with money.
I understand the bill on cities and towns staying in alignment with states, although I think gun owners should be registered.
As to the one regarding doctors, that one seems weird. Why punish a doctor who asks about guns in the house, especially with children? I know some people who own guns and they are not always the most reasonable people, and giving advice about children in the home where guns are is going to suddenly be criminal. This is the kind of thing that seems to be the big government notion most in the area rail against.
This whole thing regarding city or county law is much ado about nothing. HB45 simply adds an enforceable penalty to the law that already exists. Florida Statute 823.16(6) states that; “A sport shooting range that is not in violation of existing law at the time of the enactment of an ordinance applicable to the sport shooting range shall be permitted to continue in operation even if the operation of the sport shooting range does not conform to the new ordinance or an amendment to an existing ordinance, provided the range was not in violation of any law when the range was constructed and provided that the range continues to conform to current National Rifle Association gun safety and shooting range standards.”
The real problem are those so-called standards. They are listed in the NRA Range Source Book, but contains a Disclaimer at the beginning. 2.01 begins with; “The National Rifle Association does specify dimensions for range layout in NRA sanctioned shooting events, but does NOT certify or in any way approve ranges or range designs for any prupose.” Then goes on to state; “The Range Souce Book is NOT a code book or certification standard, but rather a publication listing general suggestions.”
The whole thing is a contradiction and the lack of real concrete safety standards is the problem. Start shooting on your property (if allowed within your zoning), call it a gun range and then hire an NRA Technical Advisor to evaluate it, and you’ll pass with flying colors. Seems to me the NRA would want to give the appearance that they are truly interested in safety for the surrounding public as well as the shooting participants.
@ Whocares:
Interesting…
No mention that newly elected Rep. Broxson was the ONLY “Republican” NOT to support the second amendment or the rights of gun owners in our area, and voted AGAINST this bill (HB45)??? How quickly they forget who they represent!!!
Thank you, lawmakers, for standing up for individual rights. Folks do not want more gun control.