Title says it all.  I was denied entry at Halifax Hospital with my CCW.  Halifax is a state raxing district and falls under 790.33. The state pre-emption statute.

I want to contact a lawyer to see how to handle the matter.  I also intend to contact the state's attorney office as well.

Halifax Daytona provides mental health services.  While this isn't addressed in 790 as a prohibited place it conflicts with section 394 prohibiting carry into a facility providing mental health services.  That's likely the rub here.

The legislature nor the courts has addressed this exact issue.  I believe it will cost someone in the tens of thousands of dollars to resolve this one.

My .02

I was at the port orange hospital.  No mental health services there.

All that us done in Daytona and only in designated secure areas of the hospital.

The hospital will claim someone has been Baker Act(ed) in the facility prior, and therefore they were a mental health treatment facility by default - not by offering services or designating a controlled secure area for that purpose.  "We didn't know they were crazy until they had symptoms!"

That's what the hospitals around here do.  The new facility locally has signage on every row of parking admonishing visitors to keep their firearms secured in their vehicles and the section 394 quotation.  

Some hospitals with university affiliations UF Health, FSU Med, etc. claim their location (however tenuous) is part of a college or university facility where some forms of carry are off limits.

I'm not agreeing with it just saying how these hospitals are denying CCW in their facilities.

Oh I understand the game.  I worked for Halifax for almost five years.  When they first put up no guns signs my supervisor and I spent a couple hours writing emails to our bosses and the legal department pointing out we could be violating 790.33. I even talked to my old boss today, and he said all of this is coming from the legal department.

However I also know how Baker Act patients at the port orange facility are treated.   Specifically they are not given any psychiatric treatment,  only medical treatment.   Typically a BA patient will receive medical clearance in the ED.  This involves checking for head injuries , metabolic abnormalities,  or anything thing else that would cause altered mental status.   Lots of crazy little old ladies turn out to have urinary tract infections that are causing their altered mental ststus.

After all medical issues are ruled out the patient is placed in a security squad car (with a cage) and transported to daytona where they are first seen by a psychiatric RN for an initial interview,  and then by an actual psychiatrist or psychologist. No psychiatric screening is done at Port Orange.

They could try to argue that a violent patient getting sedated is psychiatric treatment, but I would counter that sedation for violence is a medical treatment because a medical Dr writes the order and sedation is used for other violent patients besides psychiatric.

I would also argue that sedation actually delays psych screening based on personal observations.  They RN or Dr cannot ask questions if the patient is unconscious and tied to a bed.

I thought the restriction was if the facility's primary purpose was to provide psychiatric care?

No one knows for sure.  The restriction is vague and psych facilities do not appear in 790.06 in any of the prohibited places.

Also the hospital in my case does not provide any psychiatric treatment.

They got metal detectors and screeners at every entrance??

If you are looking for a legal opinion on the matter, I suggest writing a comprehensive letter to the FL Attorney General's Office. Your letter should pose direct and pointed questions for them to answer. They typically respond, but not as fast as we would like. Whether you get the answer(s) you seek is another matter. I doubt the 7th Circuit State Attorney's office will offer any assistance. They prosecute criminal acts and this is a civil matter IMHO.

Try this org.

Florida Carry

My cardiologist is in the Halifax Hospital Professional Center.  Last several visits i had to pass through a metal detector and my stuff was searched by a security guard. (think TSA)

Lost visit I had a very small (two inch) knife on my key ring.  Security said I had to return it to my car.  I told her to just throw it away. She would not toss it and would not let me toss it.  I walk with a cane and have limited mobility but back to my car I went.  I then returned without the knife but still holding a 3 foot hardwood cane.

Ps she was at least nice enough to call my doctor and explain why i was late for my appointment.

OP please keep us up to date as you proceed.

N/M

@Aikibiker


Let me review this

@Miami_jbt

I sent my email address to you via PM.

@plank_spanker

Thank you for the info re Sean Carana. I will check that out.

I plan to contact the head of Halifax security tomorrow at the suggesion of the security supervisor I talked to yesterday when this happened.   I actually know the guy.  He is a good person I will see what he has to say.