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-   -   Hospital Carry Question. (http://www.firearmstalk.com/forums/f17/hospital-carry-question-75621/)

Doc3402 11-04-2012 10:30 AM

Hospital Carry Question.
 
Up until now I have not carried in or on the grounds of our local hospital for the following reason. US Code has a thing in there about having firearms in the building or on the grounds of a hospital that has mental health facilities. Florida does not have this restriction in the state statutes.

Here's my question. Since the state doesn't forbid the carry of concealed weapons in hospitals does this override the US Code listing? I probably won't base my decision on the answers posted here, unless they point to case law or statute, but some hints on where to look for more info will be greatly appreciated. As far as I can see, Gutmacher doesn't address this in his book.

Please don't advise me to ignore the code by saying concealed means concealed. My new cardiologist is on the grounds of this hospital and he does a very through exam. IWB, OWB, and ankle carry will be discovered during the exam. He's fine with concealed carry, but he is the one that questioned the US Code restriction when I asked him about it. He also carries, but not on hospital grounds.

mountainman13 11-04-2012 10:59 AM

Federal law trumps state law.

c3shooter 11-04-2012 12:10 PM

Doc- Fed law trumps state law. However, that is one I missed. Do you have the code section?

JonM 11-04-2012 12:33 PM

You guys get patdowns before going to work?? Does everyone coming in the door get patdowns??

Doc3402 11-04-2012 12:34 PM

Quote:

Originally Posted by c3shooter (Post 1001306)
Doc- Fed law trumps state law. However, that is one I missed. Do you have the code section?

That is what I thought, so I played it safe. I'll try to find the code reference for you. I know I read it. I just hope I can find it again.

partdeux 11-04-2012 10:22 PM

talk to a 2A attorney... State can trump fed code

mdauben 11-05-2012 12:20 AM

Quote:

Originally Posted by partdeux
talk to a 2A attorney... State can trump fed code

As a general rule, state restrictions can be more stringent than federal but can't reduce existing federal restrictions.


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