Just weeks after U.S. District Judge Marcia Cooke barred the enforcement of the so-called “Docs and Glocks ” law, Governor Rick Scott and the Florida Department of Health are appealing the ruling.
The law forbade doctors and other medical providers from asking patients about guns in their homes.
In a statement, Governor Rick Scott gave this reason for the appeal: "This law was carefully crafted to respect the First Amendment while ensuring a patient’s constitutional right to own or possess a firearm without discrimination.
"I signed this legislation into law because I believe it is constitutional and I will continue to defend it.”
Cooke said the intent behind barring the law was to allow a practitioner to provide truthful, non-misleading information to a patient.
“The purpose of preventive medicine is to discuss with a patient topics that, while perhaps not relevant to a patient’s medical safety at the time, inform the patient about general concerns that may arise in the future,” she wrote.
The law was heavily backed by the National Rifle Association was approved by the Republican legislature. It was challenged in court by groups including the Florida Pediatric Society and the Brady Center to Prevent Gun Violence.
The law had been halted under a temporary injunction since last September because critics said the law prevented health care workers from obtaining relevant information about a patient’s safety at home.
The case will now head to the 11th Circuit Court of Appeals.
