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
Urban Myth: Crime Doesn’t Pay – California City Authorizes Stipends to Gang Members

News  

Friday, September 15, 2017

Urban Myth: Crime Doesn’t Pay – California City Authorizes Stipends to Gang Members

In a special meeting on August 29, the nine-member City Council of Sacramento unanimously agreed to allocate $1.5 million in funding and to move forward with a “gun-violence reduction strategy” that will include cash payments ...

National Reciprocity Bill Nears Goal Line in the House but Needs Your Support to Reach the End Zone

News  

Friday, September 15, 2017

National Reciprocity Bill Nears Goal Line in the House but Needs Your Support to Reach the End Zone

Gun owners received good news this week with the passage of the SHARE Act by the U.S. House Committee on Natural Resources (see related story). Meanwhile, progress continued to be made on another NRA legislative ...

Reuniting The United States With Reciprocity

Wednesday, September 20, 2017

Reuniting The United States With Reciprocity

Most concealed-carry permit holders understand the potential pitfalls of traveling with a firearm, given the outrageous patchwork of state laws involved in even a short interstate trip. And while we haven’t posted much about reciprocity ...

House Committee Passes SHARE Act by Wide Margin

Hunting  

News  

Friday, September 15, 2017

House Committee Passes SHARE Act by Wide Margin

As we have reported, this year’s version of the SHARE Act is the most expansive and far-reaching yet. Besides previously-introduced provisions aimed at enhancing opportunities for hunting, fishing, and shooting and broadening access to federal lands ...

NRA Backed SHARE Act Passes Committee

News  

Wednesday, September 13, 2017

NRA Backed SHARE Act Passes Committee

“Today marks an important step in protecting the Second Amendment freedoms of America’s hunters and sportsmen and strengthening our outdoor heritage,” said Chris W. Cox, executive director, NRA-ILA. “The SHARE Act will cut burdensome red tape that restricts ...

Wisconsin: Important Concealed Carry Legislation Scheduled for Committee Vote This Week

Sunday, September 17, 2017

Wisconsin: Important Concealed Carry Legislation Scheduled for Committee Vote This Week

This Tuesday, September 19, Senate Bill 169 is scheduled for a vote during the executive session in the Senate Judiciary Committee.  SB 169 would allow for the concealed carry of a firearm without a concealed carry license ...

Bloomberg Spending Millions To Elect Anti-Gun Virginia Governor

News  

Wednesday, September 20, 2017

Bloomberg Spending Millions To Elect Anti-Gun Virginia Governor

Billionaire anti-gunner Michael Bloomberg is at it again, pledging to spend $1 million through his gun control group Everytown for Gun Safety in an attempt to impact Virginia’s upcoming elections for governor and attorney general.

NRA Applauds Reintroduction and Expansion of SHARE Act

News  

Hunting  

Friday, September 8, 2017

NRA Applauds Reintroduction and Expansion of SHARE Act

On Sept. 1, U.S. Congressman Jeff Duncan introduced H.R. 3668, the Sportsman’s Heritage and Recreational Enhancement Act (SHARE Act), a wide-ranging package of legislation aimed at promoting Second Amendment rights and America’s outdoor sporting traditions.

Washington Post’s Resident Anti-Gun Zealot Parades his Ignorance in SHARE Act Column

News  

Second Amendment  

Friday, September 15, 2017

Washington Post’s Resident Anti-Gun Zealot Parades his Ignorance in SHARE Act Column

Dana Milbank is not a serious journalist. A former White House correspondent for the Washington Post, Milbank now writes what can be characterized as a humor column for the paper.

Wisconsin: Constitutional Carry Passes Committee Vote

Tuesday, September 19, 2017

Wisconsin: Constitutional Carry Passes Committee Vote

Today, Senate Bill 169 passed the Senate Judiciary Committee with a vote of 3-2.  SB 169 would allow for the concealed carry of a firearm without a concealed carry license anywhere in the state where ...

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.