Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert! Appeals Court UPHOLDS NRA Supported "Docs vs. Glocks" Gun Law

Wednesday, July 29, 2015

Florida Alert!  Appeals Court UPHOLDS NRA Supported  "Docs vs. Glocks" Gun Law

DATE:  July 29, 2015
TO:       USF & NRA Members and Friends
FROM: Marion P. Hammer
               USF Executive Director
               NRA Past President

In 2011, at the urging of the NRA and Unified Sportsmen of Florida, the Florida Legislature passed  HB-155 by Rep. Jason Brodeur & Sen. Greg Evers  to stop doctors from interrogating patients about gun ownership and entering gun ownership information into medical databases -- thereby creating a de facto database of gun owners.   

Simply put, physicians interrogating and lecturing parents and children about guns is not about gun safety. It is a political agenda to ban guns.

Parents do not take their children to physicians for a political lecture against the ownership of firearms, they go there for medical care.

The final version of HB-155 passed both the House and Senate with more than two-thirds majorities.

However, numerous national level organizations (known to be anti-gun) filed a lawsuit to stop enforcement of the new law, creating a four year legal battle.  Yesterday, the 11th Circuit Court of Appeals upheld the law.

Below is a news report that is reprinted with permission:


APPEALS COURT UPHOLDS DOCTOR-PATIENT GUN LAW

By JIM SAUNDERS
THE NEWS SERVICE OF FLORIDA

THE CAPITAL, TALLAHASSEE, July 28, 2015.......... For the second time in little more than a year, a federal appeals court Tuesday upheld a controversial Florida law that restricts doctors from asking questions and recording information about patients' gun ownership.

The 2-1 decision by a panel of the 11th U.S. Circuit Court of Appeals was a victory for the National Rifle Association and other gun-rights advocates and a defeat for medical groups that argued, at least in part, that the law infringed on doctors' First Amendment rights.

The appeals court last July also upheld the 2011 law but issued a revised ruling Tuesday. After last year's decision, medical groups continued challenging the law, including asking for a rehearing before the entire Atlanta-based appeals court.

Dubbed the "docs vs. glocks" law, the measure includes a series of restrictions on doctors and other health providers. As an example, it seeks to prevent physicians from entering information about gun ownership into medical records if the physicians know the information is not "relevant" to patients' medical care or safety or to the safety of other people.

As another example, the law says doctors should refrain from asking about gun ownership by patients or family members unless the doctors believe in "good faith" that the information is relevant to medical care or safety. Also, the law seeks to prevent doctors from discriminating against patients or "harassing" them because of owning firearms.

A federal district judge in 2012 sided with opponents of the law and issued an injunction against it. But the appeals court last July and again Tuesday overturned the injunction.

"The purpose of the act, as we read it, is not to protect patient privacy by shielding patients from any and all discussion about firearms with their physicians; the act merely requires physicians to refrain from broaching a concededly sensitive topic when they lack any good-faith belief that such information is relevant to the medical care or safety of their patients or others,'' said the majority opinion, written by Judge Gerald Tjoflat and joined by Judge L. Scott Coogler.

But Judge Charles Wilson wrote a lengthy dissent arguing that the law violates the First Amendment rights of physicians.

"Simply put, the act is a gag order that prevents doctors from even asking the first question in a conversation about firearms,'' Wilson wrote. "The act prohibits or significantly chills doctors from expressing their views and providing information to patients about one topic and one topic only, firearms."

The Republican-dominated Legislature and Gov. Rick Scott approved the law after hearing accounts of doctors unnecessarily asking questions about gun ownership or even refusing to continue providing care if such questions were not answered.

In Tuesday's majority opinion, Tjoflat repeatedly pointed to instances in which doctors can continue justify asking about firearms, such as in the case of a patient considered at risk of suicide.

"Thus, a physician may make inquiries as to the firearms-ownership status of any or all patients, so long as he or she does so with the good-faith belief --- based on the specifics of the patient's case --- that the inquiry is relevant to the patient's medical care or safety, or the safety of others,'' the majority opinion said. "If, for example, the physician seeks firearm information to suit a personal agenda unrelated to medical care or safety, he or she would not be making a 'good-faith' inquiry, and so the act plainly directs him to refrain from inquiring."

But Wilson's dissent raised questions about whether the law stemmed from anecdotal incidents. He also argued that doctors should have the right to ask questions about guns in addressing the well-being of patients.

"There is nothing to suggest that the doctors' inquiries or messages regarding firearms were not genuinely believed to be in the patients' best medical interest when given,'' Wilson wrote. "But there is evidence in the legislative history to suggest that the harassment provision (of the law) is designed to prevent these conversations from taking place in the future. That is certainly the result it will achieve. Doctors will largely cease inquiring into and counseling on the topic of firearms, lest they be accused of crossing the line between providing life-saving preventive medical information and promoting an anti-firearm political agenda."


--END--
7/28/2015

© 2015 The News Service of Florida. All rights reserved. Posting or forwarding this material without permission is prohibited. You can view the Terms of Use on our website.

Independent and Indispensable

http://www.newsserviceflorida.com

TRENDING NOW
Seattle’s Gun Tax: A Textbook Case on the Law of Inverse Consequences

News  

Monday, March 27, 2023

Seattle’s Gun Tax: A Textbook Case on the Law of Inverse Consequences

The law of inverse or unintended consequences refers to outcomes that are the reverse of the planned or expected results. As described in another context, “the law of unintended consequences could create a perverse effect contrary to ...

Florida: House Passes Constitutional Carry

Friday, March 24, 2023

Florida: House Passes Constitutional Carry

Today, the House voted 76-32 to pass House Bill 543, the constitutional carry bill.

This is Why We Can’t Have Nice Things… In San Francisco

News  

Monday, March 27, 2023

This is Why We Can’t Have Nice Things… In San Francisco

Most Americans understand that our country has had a problem with a surge in crime over the last couple of years. In response, there has been a surge in gun purchases, and millions of law-abiding citizens ...

Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

Biden’s Executive Order Targeting Gun Ownership

News  

Wednesday, March 15, 2023

Biden’s Executive Order Targeting Gun Ownership

On Tuesday, Joe Biden issued an executive order on gun control that could accurately be described as a mile wide and an inch deep.

Bloomberg and His Anti-Gun Apparatus Continue to Mislead Voters

News  

Monday, March 27, 2023

Bloomberg and His Anti-Gun Apparatus Continue to Mislead Voters

It’s no deep secret that anti-gun billionaire Mike Bloomberg will do anything, and at any cost, to promote his agenda of eradicating the Second Amendment. He launched an anti-gun organization, Mayors Against Illegal Guns, then ...

Colorado: Assault Weapon Ban Committee Hearing Scheduled!

Monday, March 27, 2023

Colorado: Assault Weapon Ban Committee Hearing Scheduled!

On March 29, the House Judiciary Committee is scheduled to vote on House Bill 23-1230 (“HB 23-1230”), which bans the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of what the drafters have defined as ...

Florida: Senate’s Constitutional Carry Passes Committee

Thursday, March 9, 2023

Florida: Senate’s Constitutional Carry Passes Committee

Today, the Senate Fiscal Policy Committee voted 11-6 to approve Senate Bill 150, constitutional carry, with an amendment aligning the language with the House’s version. It will now go to the full Senate for further consideration.

North Carolina: VETO OVERRIDDEN

Wednesday, March 29, 2023

North Carolina: VETO OVERRIDDEN

Today, March 29, the House voted 71-46 to override Governor Cooper’s veto of Senate Bill 41, a bill that recognizes law-abiding citizens’ right to self-defense while attending a church with a school attached and also repeals the ...

Florida: 2023 Session Convened, Senate Committee Hearing Constitutional Carry

Wednesday, March 8, 2023

Florida: 2023 Session Convened, Senate Committee Hearing Constitutional Carry

Yesterday, March 7th, the Florida Legislature began the 2023 legislative session. Tomorrow, at 9:00AM, the Senate Fiscal Policy Committee will hear Senate Bill 150, the Senate’s constitutional carry bill.

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.