Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Firearm Owners' Privacy Act Under Review

Monday, June 24, 2013

On June 29, 2012 a federal district court in Florida blocked enforcement of several provisions of the state’s Firearm Owners’ Privacy Act, resulting from the case Wollschlaeger v. Governor State of Florida

The 2011 law was enacted to stop activist doctors from pushing an anti-gun agenda upon the residents of Florida by unnecessarily inquiring about patients’ gun ownership, and to protect patients’ privacy by making sure doctors cannot record gun ownership information in a patient’s medical file. Under the law, medical professionals and insurance companies are also not allowed to discriminate against patients based upon gun ownership. The law also makes clear that patients have a right to refuse to answer health practitioners’ questions about gun ownership. The legislation was inspired by the experiences gun owners have faced while receiving medical treatment from anti-gun doctors.

The law is not an outright ban on doctor-patient speech, as has been portrayed in the media. It provides clear exceptions for gun ownership information that is “relevant to the patient's medical care or safety,” and for medical personnel to inquire about gun ownership or possession in an emergency. It also does not stop interested patients from inquiring with their physician about firearms.

Following the ruling, the only protections remaining are the recognition that a patient may refuse to give gun ownership information to a medical professional, and the ban on insurers discriminating against gun owners.

In her opinion, Judge Marcia C. Cooke held that the law is a content-based restriction on speech that violates the First Amendment, rejecting arguments that the act was a “permissible regulation of professional speech or occupational conduct.” She rejected Florida’s argument that the law is valid because of the state’s interest in protecting the right to keep and bear arms, stating that the argument was a “legislative illusion” and that patients’ rights wouldn’t be adversely affected in absence of the law. Also dismissed is Florida’s argument that the State has an interest in removing “barriers to the receipt of medical care arising from discrimination or harassment based on firearm ownership.” Despite numerous accounts of patients facing hardships due to owning firearms, Judge Cooke shuns these cases as anecdotal.

On July 31, Florida Governor Rick Scott announced the State’s intention to appeal the case to the U.S. Circuit Court of Appeals for the 11th Circuit, noting, “This law was carefully crafted to respect the First Amendment while ensuring a patient's constitutional right to own or possess a firearm without discrimination."

Since July, the case has been taken up by the 11th Circuit and briefs have been filed by both sides. On October 1, the NRA filed a “friend of the court” brief in defense of the statute. In the brief, lawyers for the NRA explain that the legislation “simply recommends that practitioners ‘should refrain’ from asking questions about firearms unless related to medical care or safety,” noting that the act targets “discrimination and harassment, not speech.” The brief goes on to contend that even if the statute were to pose a remote restriction on free speech, it is well within the state’s authority as it “regulates speech only as part of the practice of medicine.”

Oral arguments are likely to be heard before the court later this summer. The NRA will be sure to alert you to any developments in the defense of this important patient privacy legislation.

TRENDING NOW
California: Governor Brown Signs Remaining Anti-Gun Bill

Sunday, October 15, 2017

California: Governor Brown Signs Remaining Anti-Gun Bill

Yesterday, Governor Brown signed Assembly Bill 424, the remaining anti-gun bill on his desk. 

“Death by a Thousand Cuts” – Latest Ninth Circuit decision proclaims “selling firearms is not part or parcel of the right to keep and bear arms”

Second Amendment  

Friday, October 13, 2017

“Death by a Thousand Cuts” – Latest Ninth Circuit decision proclaims “selling firearms is not part or parcel of the right to keep and bear arms”

Since the U.S. Supreme Court handed down its landmark rulings in District of Columbia v. Heller and McDonald v. Chicago, lower courts across the country have expressed their disagreement with – or downright hostility to ...

Alleged Sexual Predator and Hollywood Mogul Harvey Weinstein Threatens NRA (Again)

News  

Friday, October 13, 2017

Alleged Sexual Predator and Hollywood Mogul Harvey Weinstein Threatens NRA (Again)

On October 5, the New York Times published an article titled, “Harvey Weinstein Paid Off Sexual Harassment Accusers for Decades.” The piece detailed allegations that the mogul used his position of influence to make unwanted ...

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

News  

Second Amendment  

Friday, October 13, 2017

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

What happens to the 400 million or so firearms already in private hands? How does society actually benefit from his plan? Stephens doesn’t say. He apparently just trusts that things would eventually work themselves out ...

California: Governor Vetoes Dealer Storage Bill and Signs Open Carry Ban

Saturday, October 14, 2017

California: Governor Vetoes Dealer Storage Bill and Signs Open Carry Ban

Yesterday, Governor Brown took action on two of the remaining three anti-gun bills by vetoing Senate Bill 464 and signing Assembly Bill 7. 

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Tuesday, October 17, 2017

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Today, multiple gun control bills were released by the House Rules Committee and have been referred to the House Judiciary Committee for a hearing.

Spokane Police To Use Suppressors To Protect Hearing

News  

Monday, October 16, 2017

Spokane Police To Use Suppressors To Protect Hearing

The Spokane PD has 181 service rifles in its inventory; using suppressors on them has the potential to reduce workers compensation claims and lawsuits from bystanders.

Media Consumers Beware: Watchdogs Warn of Bias, Politics, and Influence Tainting the “News”

News  

Friday, October 13, 2017

Media Consumers Beware: Watchdogs Warn of Bias, Politics, and Influence Tainting the “News”

Project Veritas’s “American Pravda” series has focused on the media itself, with prior releases including segments on CNN producers and personalities casting doubt on the network’s own narrative about Russian influence in the U.S. presidential ...

Shall-Issue Concealed Carry Coming Soon to the Nation’s Capital!

News  

Second Amendment  

Friday, October 13, 2017

Shall-Issue Concealed Carry Coming Soon to the Nation’s Capital!

It’s important to celebrate that law-abiding Americans are now closer than they have been in nearly half a century to being able to exercise their firearms freedom in our nation’s capital. That is real progress.

California: San Jose City Council to Consider Mandatory Locked Storage Ordinance

Monday, October 16, 2017

California: San Jose City Council to Consider Mandatory Locked Storage Ordinance

On Tuesday, October 17, the San Jose City Council will be discussing a proposed firearms ordinance that will require any person who possesses a firearm in their residence to store the firearm in a locked ...

MORE TRENDING +
LESS TRENDING -
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.