Florida ‘Docs vs Glocks' case vacated and sent back for retrial

The 11th U.S. Circuit Court of Appeals on Wednesday agreed to rehear a case challenging Florida’s law prohibiting health care workers from asking about their patient’s firearms.

The simple two-page ruling from the court vacated a long-standing and repeatedly defended ruling that the law did not trample the health care workers’ First Amendment rights.

In 2011, a Miami U.S. District Court, in Wollschlaeger v. Governor of the State of Florida– more popularly known as the “Docs vs. Glocks” case– blocked the Firearm Owners’ Privacy Act, signed into law by Gov. Rick Scott (R) after passage by the state legislature.

This sent the case to the 11th Circuit in Atlanta, which in July 2014 handed down a 2-1 ruling reversing the lower court after finding, “the Act is a valid regulation of professional conduct that has only incidental effect on physicians’ speech.”

In short, that health care workers could not ask questions about gun ownership of their patients.

Not satisfied with the decision, a group of physician lobby organizations represented by the Brady Center to Prevent Gun Violence asked for a rarely granted en banc review by the full Circuit of the panel’s finding, which was denied in August 2014.

However, the 11th Circuit now has apparently had a change of heart and a majority of the 11 judges of the court have voted to rehear the case in front of the full court, effectively placing the law, which has been largely dormant for the past five years, back in a holding pattern.

Of the active Circuit Judges in the court, five are recent appointments by President Obama, three date to the Clinton administration, and just three were appointed during Republican presidencies.

Latest Reviews

  • Four Years Later: IWI Tavor SAR Revisited

    Though IWI's X95, released in 2016, usurps the SAR, my Tavor SAR is still part of the family. For those just now coming across this model, how has it stood up over the years? Let's find out.

    Read More
  • Scope Review: Leupold VX-Freedom FireDot Twilight Hunter

    The budget-friendly line of American-made Leupold VX-Freedom riflescopes found a welcome audience last year, but 2020 sees even more interesting additions to the family, with our hands-down favorite being the illuminated-reticle FireDot line.

    Read More
  • Ruger AR-556: An Outstanding Gateway AR

    It should come as no surprise the Ruger name is synonymous with value, and its’ AR-556 looks to fit this mold as an entry-level AR-15 with a reasonable MSRP. So how does the no-frills Ruger AR-556 perform when put to the test? Read on to find out.

    Read More
  • A Look at the Sig P238, A Year Later

    The Sig Sauer P238 was the first .380 ACP BUG to grace my gun safe, a welcomed addition to the 9mm polymers, .38 SPL revolvers, and .45 ACP 1911s. After more than a year's worth of use, where do I stand on the P238? Let's find out.

    Read More