Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert: It’s not about the First Amendment

Wednesday, August 5, 2015

Florida Alert: It’s not about the First Amendment

DATE:  August 5, 2015
TO:       USF & NRA Members and Friends
FROM: Marion P. Hammer
             USF Executive Director
             NRA Past President

Below is our response in the Tallahassee Democrat to anti-gun editorials attacking the courts on the "Docs v. Glocks" issue.


Hammer: It’s not about the First Amendment

http://www.tallahassee.com/story/opinion/2015/08/04/hammer-first-amendment/31122003/

By Marion P. Hammer, 

My View 4:57 p.m. EDT August 4, 2015

The column “Free Speech does not threaten gun ownership” (Aug. 3) by Howard L. Simon of the ACLU is a smokescreen.

Twice now federal judges have ruled that the so-called “Docs & Glocks” law does not violate First Amendment free speech rights of doctors and medical personnel. The law stops pediatricians and other physicians from prying into our personal lives, invading our privacy and straying from issues relating to disease and medicine into questioning children or their parents about gun ownership and guns in the home. 

Read, “Free speech is no threat to gun ownership,” by Howard L. Simon posted  in the Tallahassee Democrat on August 4, 2015.

In both rulings, the court made it clear that the law is an appropriate regulation of professional speech. The state has a duty to protect the rights of vulnerable patients against doctors who use their examining rooms to interrogate parents and children about gun ownership for the purpose of delivering their anti-gun political messages.


If a patient answers questions like, “Do you own a gun?” or “Do your children have access to guns in your home?” or “Did you know that having a gun in your home triples your risk of becoming a homicide victim?,” the patient is likely to be given the “Advice to parents” the American Academy of Pediatrics recommends on their website: “Never have a gun in the home. Do not purchase a gun. Remove all guns present in the home.” That is not medical care. That is politics.

That political motivation has nothing to do with the health care and medical treatment we seek for our children and for which we are paying when we enter a doctor’s office. 

Read, Federal court says state can enforce ‘doc vs. glocks’ law by Gary Fineout in the Tallahassee Democrat posted on July 29, 2015.

Further, these questions are ethically wrong. Any doctor who asks them is committing a form of unethical conduct known as an “ethical boundary violation.” Any doctor who commits an ethical boundary violation can and should be disciplined. We need to be able to trust our doctors. Doctors who intentionally step over that ethical and legal boundary clearly cannot be trusted.


Other ethical boundaries don’t allow doctors to take advantage of vulnerable elderly patients and question them about property and assets they own, allow them to encourage these elderly patients to make gifts of cars, jewelry or other assets to the doctor, or make the doctor a beneficiary in a will.

Additionally, entering the answers to gun ownership questions into medical records and computer databases is a de facto form of registration of gun owners and is already prohibited by law.

Any pediatrician truly concerned about gun safety is free to hand out gun safety brochures to all parents. The First Amendment smokescreen that is being used to excuse unethical and political abuse of patients privacy rights needs to stop and doctors should stick to medical care.

Marion P. Hammer is a past president of the National Rifle Association and current executive director of Unified Sportsmen of Florida.

 

IN THIS ARTICLE
Florida Patient privacy
TRENDING NOW
“She Persisted” – Gun Owner Fights Unlawful “No Return” Gun Policy

News  

Friday, July 21, 2017

“She Persisted” – Gun Owner Fights Unlawful “No Return” Gun Policy

On July 17, the U.S. Court of Appeals for the Second Circuit confirmed that law enforcement officials in New York acted unlawfully with respect to guns confiscated from a Nassau County woman in 2012.  

Former Bloomberg Lackey Comes Clean on True Anti-gun Agenda

News  

Second Amendment  

Friday, July 21, 2017

Former Bloomberg Lackey Comes Clean on True Anti-gun Agenda

Back when Mark Glaze was executive director of Michael Bloomberg’s Mayors Against Illegal Guns, and later Everytown for Gun Safety, he went to great lengths to portray his master’s anti-gun positions as moderate. Glaze used ...

Supreme Court Asked to Review Maryland's Gun Ban

News  

Friday, July 21, 2017

Supreme Court Asked to Review Maryland's Gun Ban

A group of Maryland citizens, with the support of the National Rifle Association, filed a petition to the United States Supreme Court on Friday seeking to reverse a Court of Appeals ruling that stripped some of America’s most ...

The Need for National Reciprocity

News  

Friday, July 21, 2017

The Need for National Reciprocity

A report from the Crime Prevention Research Center estimates that the number of concealed carry permits issued last year was the largest increase ever – continuing a four year trend of record setting increases in ...

“March” Madness: Media Hypes Non-Event at NRA Headquarters

News  

Friday, July 21, 2017

“March” Madness: Media Hypes Non-Event at NRA Headquarters

Numbers don’t lie. But gun control groups and the news media do. That explains why so many accounts of last Friday’s so-called Women’s March From #NRA2DOJ bear no resemblance to the event those of us ...

The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

News  

Wednesday, July 19, 2017

The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

Muscatine County, Iowa, is home to about 40,000 people, and like too many places around the country, gun owners there have no public range where they can practice or compete safely. That may be changing, ...

Home Alone in Washington State

News  

Friday, July 21, 2017

Home Alone in Washington State

Back in 2013, when Washington State’s anti-gun groups rolled out Initiative 594, they promised voters this “universal background check” law would save lives by keeping “firearms out of dangerous hands” because private gun sales would ...

One More Reason Gun Owners Should Be Celebrated

News  

Second Amendment  

Thursday, July 20, 2017

One More Reason Gun Owners Should Be Celebrated

The safety record of America’s gun owners is nothing short of stunning. 

When Gun Control Fails

News  

Second Amendment  

Friday, July 21, 2017

When Gun Control Fails

Gun control is pushed as a strategy to keep Americans safe in their homes, schools and workplaces. It is presented as the key component in safer streets, neighborhoods and families. But what happens when gun ...

California:  "Assault Weapon" Regulations Take 3: CA DOJ Resubmits Regulations

Friday, July 21, 2017

California: "Assault Weapon" Regulations Take 3: CA DOJ Resubmits Regulations

Today, July 21, the California Department of Justice (“DOJ”), without warning or any notification,  submitted another set of proposed regulations for the registration of newly classified “assault weapons” to the Office of Administrative Law.  As ...

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.