Gun Bills Pass Senate, Headed To Gov.

April 29, 2011

The Florida Senate on Thursday sent Gov. Rick Scott a pair of National Rifle Association-backed measures including a proposal to encourage doctors not to ask patients if they have guns in their homes.

With super majorities in both chambers, the Republican-dominated Legislature sent Scott another NRA-backed gun bill (HB 45) that would punish local officials who consciously enact ordinances that are stricter than statewide standards.

“It’s very important that all of our constitutional amendments are protected,” said Sen. Joe Negron, R-Stuart.

Backers say the measures are attempts to solidify constitutional protections and prevent physicians from prying into law abiding people’s business with questions about guns.

Critics say the measures taken together overstep the protections guaranteed by the Second Amendment and instead will put local officials, physicians and patients at risk.

The first measure (HB 155) sponsored by Sen. Greg Evers would prevent physicians and other health care providers from asking patients if they own guns and have them in their homes, unless they believe it is medically necessary to do so. The question could no longer be part of a routine patient survey.

“Whether I own a gun is none of their business,” Negron said.

The Florida Medical Association signed off on the bill, which was changed to remove criminal penalties and specifically allow physicians to ask about gun ownership in certain cases. The bill passed the Senate Thursday on a 27-12 vote.

Critics, including the Florida Pediatric Society, countered that physicians routinely inquire about pools, dangerous chemicals and other safety issues, particularly with children. Inquiring about gun ownership falls in that category.

“This bill has a chilling effect on the doctor patient relationship,” said Sen. Nan Rich, D-Weston. “It’s the duty of the physician to ask all the questions they possible can and the patient should be as honest as they possibly can.”

The second measure (HB 45) would punish local officials who “knowingly and willingly” pass local gun ordinances that are stricter than state statute allows. Public officials taken to court would have to pay their own attorney fees if they lose. The bill passed 30-8.

“This not only puts teeth in the law but a gun to the heads of local officials, pun intended,” said Sen. Chris Smith, D-Fort Lauderdale, an opponent.

Other bills are still traveling through the process, including a Greg Evers proposal to prevent people with concealed weapons permits from being charged with crimes if the firearm accidentally is exposed. The bill (SB 234) originally allowed concealed weapons permit holders to openly carry their weapons. It was amended to remove the open carry provision and passed the Senate Thursday. That bill initially also would have allowed people to carry guns on college campuses, but that provision was also removed. That bill now travels to the House after a 26-11 Senate vote.

By Michael Peltier
The News Service of Florida

Comments

3 Responses to “Gun Bills Pass Senate, Headed To Gov.”

  1. Jerry Morris on April 29th, 2011 2:26 pm

    Regarding Bill SB234 It”about time that we with a ccw won’t have to worry about accidental identfication of an honest citizen {who has undergone the required proceedures and training } from being harrassed and subjected to punishment for accidently exposing his weapon that he carrys for protection of himself and family.

  2. davlyo on April 29th, 2011 12:29 pm

    I am thankful for the foresight of our elected leaders -on a number of fronts -but with regards to these bills, I am thankful I won’t have to worry about Printing -the ability to (perhaps) identify my CCW on my belt and under my t-shirt. Further, there have been times -while riding my Harley -that I have adjusted my seat during a long ride -and the guy behind me noticed the barrel of my CCW exposed. I wish the Open-Carry Law had been passed -but I am happy with the provisions of SB-234.

  3. bama54 on April 29th, 2011 9:11 am

    Pretty good bill. My doctor would not get a answer from me on the gun issue anyway, so this part of the bill does not affect me either way. The bill should allow you some type of provision if accidently exposed.

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