Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

REPORT: Florida Governor Rick Scott Signs Two Pro-Gun Bills into Law

Thursday, June 2, 2011

HB 155 - Privacy of Firearms Owners and HB 45 - Preemption Penalties
HAVE BEEN SIGNED

DATE:       June 2, 2011
TO:            USF & NRA Members and Friends
FROM:      Marion P. Hammer
                  USF Executive Director
                  NRA Past President

Governor Rick Scott SIGNED two priority Second Amendment bills yesterday.

House Bill 155, Privacy of Firearms Owners, sponsored by state Representative Jason Brodeur (R-33) and Senator Greg Evers (R-2) will STOP pediatricians from invading privacy rights of gun owners and bringing anti-gun politics into medical examining rooms was signed into law  on June 1 and will take effect IMMEDIATELY.

Houses Bill 45, Penalties for Violating Firearms Preemption Law, sponsored by state Representative Matt Gaetz (R-4) and Senator Joe Negron (R-28) will STOP local politicians and governments from violating Florida law by providing penalties for willful violations was also signed into law on June 1 and will take effect on October 1, 2011.  The delay in the effective date is to allow agencies and local governments to REPEAL any and all regulations, policies, and ordinances that violate Florida’s firearms preemption law.  Beginning October 1, citizens and organizations may bring actions against agencies and governments for violating Florida’s firearms preemption law.

ALSO SIGNED:  Governor Scott signed House Bill 7161, sponsored by state Representative Jimmy Patronis (R-6), which will retain the exemption of personal identifying information of Concealed Weapons & Firearms license applicants and license holders from public records.  This bill maintains the privacy rights of gun owners.

The American Academy of Pediatrics and the Florida Pediatric Society waged an unsuccessful campaign to get Governor Scott to veto HB 155.  In a letter they threatened to sue Governor Scott if the bill became law.

Anti-gun local government officials and bureaucrats also unsuccessfully urged Governor Scott to veto HB 45.

SB 234, Concealed Weapons License reform, has not yet reached the Governor's desk.  When it is delivered to the Governor he will have 14 days to sign it.

BACKGROUND ON HB 155
Doctors need to treat illness, not guns.  Pediatricians and other physicians, in growing numbers, are prying into our personal lives, invading our privacy and straying from issues relating to disease and medicine by questioning children or their parents about gun ownership.

We take our children to physicians for medical care, not moral judgment, political harassment and privacy intrusions - and that is what HB 155 prohibits.

This bill comes in answer to families who are complaining about the growing political agenda being carried out in examination rooms by doctors and medical staffs - and the arrogant berating if a patient refuses to answer questions that violate privacy rights and offend common decency.

Horrified parents have described nurses entering the answers to gun questions into laptop computers to become a part of medical records. Parents have become concerned about whether those records can be used by the government or by insurance companies to deny health care coverage because a family exercises a civil right in owning firearms.

As parents, we are responsible for our children's safety. We don't need doctors pushing their anti-gun politics on us or our children. We need them to spend their time practicing medicine and not prying into our personal lives on issues that have nothing to do with disease, its cure, or its eradication.

BACKGROUND ON HB 45
In 1987, the Florida Legislature passed a firearms preemption statute  (f.s.790.33) to provide uniformity of gun laws -- in fact, it is called the "Joe Carlucci Uniform Firearms Act."

It was intended to stop local governments from making criminals out of law-abiding citizens just because they simply crossed a city limit or county line.  It was intended to provide uniform gun laws so that no matter where in the state you live and no matter where in the state you travel, the same gun laws apply. 

Unfortunately, the law contains no penalties for violations because no one ever imagined that local elected officials and government workers would willfully and knowingly violate state law. 

The absence of penalties has lead to many intentional violations and has resulted in subsequent lawsuits to protect the rights of law-abiding citizens.

Over and over again, NRA attorneys have written letters to local governments informing them that proposed ordinances violate state law.  Unfortunately, when their lawyers confirm that the ordinance would be illegal, they usually also explain that there are no penalties for violating the law -- consequently, some jurisdictions have arrogantly thumbed their noses at state law and have passed illegal ordinances anyway.

In 2000, the City of South Miami was one of the cities that NRA lawyers wrote concerning a proposed ordinance that violated state law.

The City's external counsel confirmed that it was a violation, but also noted that there were no penalties.  We were informed that city Commissioners were told that without penalties, they could do what they wanted to do.  Further, an illegal ordinance would stand until the City was sued and a court declared the ordinance void. 

The rights of law-abiding gun-owners were being violated, so NRA sued.

NRA won the lawsuit and, in fact, the appellate court even noted in its opinion that the court had previously ruled that local ordinances violate state law.

It is not the NRA's responsibility to enforce state law, but nobody else will do it because there are no specified penalties.

This has to stop. 

This bill provides penalties for local officials and local governments that willfully violate the Florida firearms preemption law.  These penalties are designed to stop violations.

 

TRENDING NOW
Firearm Access During Shutdown Act introduced in Congress

Monday, November 10, 2025

Firearm Access During Shutdown Act introduced in Congress

On October 30th, 2025, Senator Jim Risch [R-ID] introduced the Firearm Access During Shutdown Act (S.3085), with Congressman Ben Cline [R-VA-6] introducing the companion legislation in the U.S. House (H.R. 5874).

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

Tuesday, November 11, 2025

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

In a tacit acknowledgement of just how unworkable its gun ban and confiscation program is, Canada’s Liberal government quietly extended the gun amnesty for an additional year, just before it was due to expire on October 30 ...

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

News  

Wednesday, November 12, 2025

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

Today, President Donald Trump signed into law a legislative proposal to reopen the federal government. Included in the legislation is a provision that prohibits the Department of Veterans Affairs (VA) from stripping the constitutional right ...

Pennsylvania: Firearm Registration Bill Scheduled for Committee This Week!

Monday, November 10, 2025

Pennsylvania: Firearm Registration Bill Scheduled for Committee This Week!

On Wednesday, November 12, the House Judiciary Committee will take action on HB 1891, a gun registration bill that the NRA opposed last year and continues to fight this session. While supporters claim the bill is ...

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Tuesday, November 11, 2025

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Gun owners in Virgina, home of NRA’s Headquarters, are still absorbing the results of last Tuesday’s elections. In addition to the election of Democrat Abigail Spanberger, a former Mom’s Demand Action volunteer, as governor, we now ...

Gun owners should approach firearm product liability suits with discernment

Tuesday, November 11, 2025

Gun owners should approach firearm product liability suits with discernment

Few communities take the products they use as seriously as gun owners. A firearm is often a tool that a person needs to be able to trust their life with. Add brand loyalty and differences ...

Virginia: Election Results Threaten Your Second Amendment Rights

Wednesday, November 5, 2025

Virginia: Election Results Threaten Your Second Amendment Rights

The recent election has brought significant changes to the electorate, and the results couldn’t be clearer. An anti-gun majority now controls the House of Delegates, and an anti-gun Governor is preparing to take office. Together, they ...

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

News  

Monday, November 3, 2025

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

An NRA-ILA alert last month highlighted the ways in which President Donald Trump has used his office to safeguard our rights protected under the Second Amendment.

Michigan: Support Legislation to Expand and Restore Second Amendment Rights

Friday, November 7, 2025

Michigan: Support Legislation to Expand and Restore Second Amendment Rights

On Wednesday, the Michigan House Judiciary Committee will hold a hearing on four critical pro-gun bills designed to: lower the age to carry a concealed pistol to 18 years and old, allow eligible individuals to ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.