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

News  

Tuesday, July 17, 2018

Federal Court Upholds Decision to Block California’s Magazine Ban

A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines ...

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

Monday, July 16, 2018

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

On July 9th, the Seattle City Council passed a mandatory firearm storage ordinance to restrict the self-defense rights of Seattle residents.  The ordinance, if signed by Mayor Jenny Durkan, will impose a one-size-fits-all method of storing firearms as ...

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

News  

Friday, July 6, 2018

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

Shortly before 4:00am last Saturday morning, the two week long Third Review Conference (RevCon3) on the Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All ...

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement

News  

Friday, July 20, 2018

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement

Last summer, we reported on the welcome news that a federal court had blocked California’s plan to require owners of “large capacity” magazines to surrender or otherwise rid themselves of their formerly-lawful property. As the judge in ...

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

News  

Second Amendment  

Gun Laws  

Friday, July 13, 2018

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

On July 9, Sen. Chris Murphy (D-Conn.) offered the following ham-handed statement in an attempted attack on President Donald Trump’s U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh. Brett Kavanaugh is a true Second Amendment radical. ...

Illinois: Governor Signs Two Gun Control Bills

Tuesday, July 17, 2018

Illinois: Governor Signs Two Gun Control Bills

On July 17th, Governor Bruce Rauner signed House Bill 2354 and Senate Bill 3256 into law.

Anti-gun Propaganda Infiltrates History Channel’s Navy SEAL Drama “Six”

News  

Friday, July 20, 2018

Anti-gun Propaganda Infiltrates History Channel’s Navy SEAL Drama “Six”

With shows like “Tales of the Gun” and “Mail Call” with R. Lee Ermey, the History Channel has often served as a place where gun owners can enjoy entertainment free from the anti-gun political messaging ...

Washington: NRA and SAF File Lawsuit Against City of Seattle

Friday, July 20, 2018

Washington: NRA and SAF File Lawsuit Against City of Seattle

On Friday, July 20th, the NRA and the Second Amendment Foundation filed a lawsuit against the City of Seattle, Mayor Jenny Durkan, and others, to invalidate the mandatory firearm storage ordinance that was recently passed by ...

Moms Demand Action Reportedly Told Candidate Not to Talk about Support for Gun Ban

News  

Friday, July 20, 2018

Moms Demand Action Reportedly Told Candidate Not to Talk about Support for Gun Ban

Another chapter in the lengthy tale of gun control duplicity was written last week. On July 10, The Washington Free Beacon published a report of a video of Democratic nominee for New York’s rural upstate 21st congressional district Tedra ...

California: Federal Court Upholds Decision to Block California’s Magazine Ban

Thursday, July 19, 2018

California: Federal Court Upholds Decision to Block California’s Magazine Ban

A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines ...

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.