Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Eleventh Circuit Upholds Florida's Patient Privacy Law

Thursday, November 6, 2014

In a victory for gun owners who simply seek medical care, not political philosophy, from their doctors, the U.S. Court of Appeals for the Eleventh Circuit has upheld the NRA-supported 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’s opinion stated, “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 determined 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, the law 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.”

The NRA participated in the case with a friend of the court brief in the Eleventh Circuit proceedings, and a number of the points it made are echoed in the majority opinion of the court. The brief challenged the plaintiffs’ case on several grounds, arguing that the physicians and organization do not have standing to bring the suit, that the Act does not violate the First Amendment, and that the Act is not unconstitutionally vague.

 

In arguing against the plaintiffs’ standing, the brief explained that the act does not “chill” the plaintiffs’ speech, as “the Act by its terms simply does not restrict the speech in which [the plaintiffs] wish to engage.” 

 

While disputing the plaintiffs’ First Amendment claims, the brief noted that the Act is a “reasonable regulation of speech incidental to the practice of medicine.” The NRA filing explained the Act serves the State’s interest in protecting the privacy of patients, as well as the patients’ exercise of Second Amendment rights. In concluding the First Amendment argument, the brief declared, “The Firearm Owners’ Privacy Act is another reasonable regulation of the medical practice. It exhorts doctors to stick to practicing medicine when examining patients, rather than pushing their own political agendas, and it protects patients from doctors who refuse to do so.”


Plaintiffs in the case have requested additional review before a full panel of the Eleventh Circuit, but the court has not yet ruled on the petition for rehearing. 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. 

TRENDING NOW
Biden Plots Sneak Attack Against U.S. Firearms Industry

News  

Monday, January 25, 2021

Biden Plots Sneak Attack Against U.S. Firearms Industry

Joe Biden has unveiled his agenda for his first 100 days in the White House, and his list includes an initiative aimed at nothing less than the destruction of the U.S. firearms industry. This is ...

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Thursday, January 21, 2021

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Next week, anti-gun legislation, Senate Bill 5078 and Senate Bill 5038, are scheduled for hearings in the Senate Law and Justice Committee. 

President Trump’s Executive Order Expands LEOSA Carry Rights

News  

Thursday, January 21, 2021

President Trump’s Executive Order Expands LEOSA Carry Rights

On January 18th, President Trump signed an “Executive Order on Protecting Law Enforcement Officers, Judges, Prosecutors, And Their Families.” The order aims to provide for more federal law enforcement officers, prosecutors, and judges to be able to ...

Anti-Gun Groups Want to Abolish What Law-Abiding Virginians Have been Doing for Centuries

News  

Monday, January 25, 2021

Anti-Gun Groups Want to Abolish What Law-Abiding Virginians Have been Doing for Centuries

Last year, the anti-Second Amendment majority in the Virginia legislature that was purchased by gun-ban extremists passed a number of anti-gun measures. Anti-gun activists even demanded an opportunity to gloat over what they had bought.

Gun Control Groups Push Hollywood to Produce Even More Anti-gun Propaganda

News  

Monday, January 25, 2021

Gun Control Groups Push Hollywood to Produce Even More Anti-gun Propaganda

Gun control advocates are once again pushing the entertainment industry to produce anti-gun propaganda with the explicit goal of advancing failed firearm legislation. The renewed overt effort will strike some as superfluous, given Hollywood’s lengthy track record of anti-gun agitprop and left-wing political monoculture.

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

News  

Tuesday, January 19, 2021

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

Biden issued this “pledge” in a January 8 tweet that falsely tried to suggest the men and women of the NRA were somehow implicated in an infamous crime that was committed a decade ago by ...

Maryland: Senate Committee Passes Wear & Carry Preliminary Approval

Monday, January 25, 2021

Maryland: Senate Committee Passes Wear & Carry Preliminary Approval

On January 21st, the Senate Judicial Proceedings Committee voted unanimously to pass Senate Bill 309.

Florida Alert! Gun Bills Filed in Florida - SO FAR

Friday, January 15, 2021

Florida Alert! Gun Bills Filed in Florida - SO FAR

As Legislators begin to file bills for the 2021 Florida Legislative Session, we are getting questions about various bills due to media reports on gun bills.  Below is a partial list of bills we will ...

Utah: House Judiciary Committee Passes Permitless Carry Legislation!

Saturday, January 23, 2021

Utah: House Judiciary Committee Passes Permitless Carry Legislation!

On January 22nd, the Utah House Judiciary Committee passed House Bill 60 on an 8 - 3 vote. 

ATF Withdraws Pistol Brace “Guidance”

News  

Wednesday, December 23, 2020

ATF Withdraws Pistol Brace “Guidance”

On December 23rd, ATF posted a document to its website indicating that its recently published Objective Factors for Classifying Weapons with “Stabilizing Braces” is withdrawn.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.