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Appellate Court Upholds Privacy Law, Tells Anti-Gun Doctors to Take a Powder

Friday, July 25, 2014

In a victory for gun owners who pay to visit doctors for medical care, and not the political opinions of their physicians, the U.S. Court of Appeals for the Eleventh Circuit has upheld Florida’s Firearm Owner’s Privacy Act. This law was passed after an escalating series of events in which patients were harassed or denied access to services because they refused to be interrogated by their doctors about their ownership of firearms. The case, Wollschlaeger v. Governor of Florida, vindicated Florida’s attempt to protect patients from being forced to divulge personal information that is irrelevant to their own medical treatment.

In challenging the law, Dr. Wollschlaeger and the other plaintiffs insisted they had a First Amendment right to routinely grill patients on their choices concerning firearm ownership, without regard to any good faith belief such information was relevant to the patient’s individual case. They also alleged the law’s proscriptions were unconstitutionally vague.

The Court of Appeals rejected these claims.  “The essence of the Act,” the court wrote, “is simple: medical practitioners should not record information or inquire about patients’ firearm-ownership status when doing so is not necessary to providing the patient with good medical care.” Accordingly, the court found that “[t]he Act merely circumscribes the unnecessary collection of patient information on one of many potential sensitive topics.”

As the court  noted, nothing in the Florida law prohibits doctors from expressing their views about firearms or about any other medical or public policy issue. Rather, it is within keeping of long-established “codes of conduct that define the practice of good medicine and affirm the responsibility that physicians bear” and “protects a patient’s ability to receive effective medical treatment without compromising the patient’s privacy with regard to matters unrelated to healthcare.”

Whether the plaintiffs in the case intend to pursue additional review before a full panel of the Eleventh Circuit or the U.S. Supreme Court has not yet been announced. In the meantime, however, patients who prefer to focus on their symptoms, and not their doctors’ politics, in the examination room should have more reason to feel at ease. 

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Wednesday, August 24, 2016

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Friday, August 26, 2016

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The Terror Watch List And Due Process Of Law

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Professor: Take Granny’s Gun

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Gun ban advocates, knowing their goals aren’t especially popular with the American people, have in recent years tried to couch their agenda in more innocuous-sounding terms. They don’t want to ban all guns, they’ll say, they ...

Guide To The Interstate Transportation Of Firearms

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Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Bloomberg-Backed Pennsylvania Attorney General Convicted of Perjury, Criminal Conspiracy

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Friday, August 19, 2016

Bloomberg-Backed Pennsylvania Attorney General Convicted of Perjury, Criminal Conspiracy

Pennsylvania Attorney General Kathleen G. Kane resigned this week after a jury found her guilty of perjury, criminal conspiracy, and several other criminal charges relating to the abuse of her position. Gun owners will take ...

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Friday, July 1, 2016

California Governor Signs Draconian Gun Control Package into Law

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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.