June 3, 2011
7th Circuit ruling here. After losing in the Supreme Court, and before the case came back down to the trial court so it could enter judgment, the defendant cities changed their handgun bans, and the trial court dismissed the case as moot. It then ruled in the NRA case that there were no “prevailing parties” to recover fees, since the only final judgment was a dismissal.
The Seventh Circuit reverses this. As the court asks, “By the time defendants bowed to the inevitable, plaintiffs had in hand a judgment of the Supreme Court that gave them everything they needed. If a favorable decision of the Supreme Court does not count as “the necessary judicial imprimatur” on the plaintiffs’ position (Buckhannon, 532 U.S. at 605), what would?”
April 27, 2011
The legislation (CS/HB 155) bars health care professionals from including in a patient’s health record information about gun ownership, unless it is relevant to medical care or the safety of others. An earlier version of the bill would have made doctors subject to 5 years in prison or $5,000 fines if they asked about a patient’s gun ownership.
The measure was approved 88-30.
“Owning guns is a fundamental right,” said Rep. Charles Van Zant, R-Palatka. “It’s not to be infringed upon by your doctor.” — The Supreme Court agrees, in the Heller Decision, which acknowledged the Second Amendment is a fundamental right.
During debate, several lawmakers paid homage to longtime Affiliated Sportsmen of Florida lobbyist Marion Hammer, seated in the House gallery and celebrating a birthday Tuesday. She described the timing as “coincidence.”
Moments later, the House voted 85-33 to OK another measure (CS/HB 45) prohibiting cities and counties from attempting to enact local gun laws tougher than state standards. State law already preempts such local measures, but several governments have attempted to impose restrictions, which typically lead to lawsuits.
The House legislation would make city or county officials subject to non-criminal penalties for violating the new standard. Fines could range from $5,000 to as much as $100,000, under the legislation.
Next up, the Senate.