Explore The NRA Universe Of Websites

APPEARS IN News

Strike Three! Third Court of Appeals Decision in Long-Running Case Ks Anti-gun Doctors in Florida

Friday, December 18, 2015

Strike Three! Third Court of Appeals Decision in Long-Running Case Ks Anti-gun Doctors in Florida

Anti-gun doctors in in the Sunshine State may be feeling a little queasy after the U.S. Court of Appeals for the 11th Circuit handed them a third straight loss in their ongoing challenge to a Florida law designed to protect patients from harassing and unwarranted grilling about firearm ownership. Should these symptoms persist, the physicians should note they have a simple and foolproof remedy: simply refrain from using the doctor-patient relationship to advance a non-medical ideological and political agenda.

The plaintiffs in the case, Wollschlaeger v. Gov. of Fla., assert that their First Amendment rights are being violated because the law prohibits them from documenting or inquiring into patients’ firearm ownership or harassing or discriminating against patients who own firearms. The law provides exceptions, however, for situations in which the doctors believe, in good faith, the actions are “necessary” or “relevant to the patient’s medical care or safety, or the safety of others.”

As we detailed earlier this year, the 11th Circuit has already issued two opinions against the plaintiffs. The original opinion characterized the regulated behavior more as conduct – i.e., medical practice – than pure speech. On its own initiative, the court later revisited that determination and revised the earlier opinion with a more detailed analysis of the law’s First Amendment implications. The second opinion held that even to the degree the law regulates speech protected by the First Amendment, the state has sufficient justification to curtail it. The court took into account the nature and context of the speech, the interests advanced by the law, and the law’s limited scope.

Following publication of the second opinion, however, the 11th Circuit asked the parties to submit further written arguments concerning how a recent U.S. Supreme Court case, Reed v. Town of Gilbert, might affect the way the case should be analyzed. In its latest opinion, the 11th Circuit finds that Reed might require a more stringent standard of review on the First Amendment issue than was used in its second opinion, but it goes on to hold that the challenged regulations nevertheless survive that review.

The third opinion also represents a relatively rare example of a regulation surviving “strict scrutiny” analysis in the face of a constitutional challenge. Strict scrutiny requires the state to show that the law furthers a “compelling interest” and that “the Act is narrowly tailored to advance that interest.”

The compelling interest identified by the 11th Circuit is “the State’s interest in regulating the practice of professions for the protection of the public,” and the protection of Second Amendment rights and privacy in particular. “We do not hesitate to conclude,” the court writes, “that states have a compelling interest in protecting the fundamental right to keep and bear arms.”

Regarding the tailoring prong of the analysis, the court dismisses the plaintiffs’ suggestion that they are not actually interfering with Second Amendment rights. “It is of course an interference with Second Amendment rights for a trusted physician to tell his patient – for no medically relevant reason whatsoever – that it is unsafe to own a gun.” The court also explains that the law focuses on subjects that, once entered into a patient’s medical record, could be used to “harass or profile” that individual, an outcome the Florida legislature has determined is contrary to public policy.

The court goes on to note the narrow scope of the law’s actual prohibitions and emphasizes that they are subject to “physicians’ own good-faith judgments about whether such inquiry or record-keeping is medically appropriate in the circumstances of a particular case.” “[W]hat narrower way to advance [the state’s interests in protecting privacy and chilling of Second Amendment rights] could there be,” the court asks rhetorically, “than by requiring physicians to base any inquiry or record-keeping about firearm ownership on a genuine, subjective determination of medical need?”

The court also rejects the plaintiffs’ claim that the law is unconstitutionally vague, deciding its text is “sufficiently clear that a person of common intelligence need not guess as to what it prohibits.” It also reiterates that “so long as a physician is operating in good faith within the boundaries of good medical practice, and is providing only firearm safety advice that is relevant and necessary, he need not fear discipline” under the law. In other words, competent, ethical doctors will not be adversely affected.

Throughout the history of this case, anti-gun doctors and their media collaborators have been committing rhetorical malpractice by misrepresenting the law’s scope, effects, and burdens in the court of public opinion. Fortunately, in the court of law, the 11th Circuit soberly and carefully judged the law for what it is: a means to prevent abuse of the doctor-patient relationship and exploitation of medicine’s prestige to browbeat Florida residents into giving up constitutional rights.

Thus, while the 11th Circuit’s analysis has changed in its various opinions, its message to Florida doctors has been consistent: Physician, control thyself and stick to patient care, and you will have nothing to fear from this law.

TRENDING NOW
U.S. Supreme Court Unanimously Narrows Scope of Unlawful Drug User Prohibition

News  

Monday, June 22, 2026

U.S. Supreme Court Unanimously Narrows Scope of Unlawful Drug User Prohibition

On June 18, the U.S. Supreme Court issued an opinion which unanimously narrowed the scope of 18 U.S.C. § 922(g)(3), which bans firearm acquisition or possession by anyone who is an “unlawful user” of a ...

Anti-Gun Municipalities Double-Down When Policies Are Challenged

News  

Monday, June 22, 2026

Anti-Gun Municipalities Double-Down When Policies Are Challenged

Why is it that, after being told their gun laws are unconstitutional, so many areas under control of anti-gun extremists seem to respond with something along the lines of, “Oh yeah?  Watch what we do next!” 

California: Anti-Gun Bills Advance, More Scheduled Next Week

Wednesday, June 17, 2026

California: Anti-Gun Bills Advance, More Scheduled Next Week

Anti-gun legislation continues advancing in Sacramento. This week, the Senate Public Safety Committee advanced Assembly Bills 1743 and 1753, while postponing consideration of AB 1810, the FFL Killer Bill, until June 23. On that same ...

Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

News  

Monday, June 15, 2026

Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

Canada’s Liberal Prime Minister Mark Carney recently defended his government’s gun confiscation and “buyback” program, stating the government “has acted swiftly and decisively to combat gun crime” by removing “prohibited assault-style firearms from communities across ...

Massachusetts: Sunday Hunting Back on the Table, TAKE ACTION NOW!

Thursday, June 18, 2026

Massachusetts: Sunday Hunting Back on the Table, TAKE ACTION NOW!

Yesterday, after immense pressure from sportsmen and women across the state, the provisions regarding Sunday hunting, crossbow hunting, and archery setbacks that were stripped from the House budget were added back to a bond bill. 

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

News  

Monday, June 15, 2026

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

Another week, another grotesque act of violence in one of New York’s least sensitive places.

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

Up Next for DOJ’s Second Amendment Section: Philadelphia

Monday, June 15, 2026

Up Next for DOJ’s Second Amendment Section: Philadelphia

Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), has been doing yeoman’s work in the defense of the Second Amendment.

Arizona state flag

Monday, June 22, 2026

Arizona: Governor Hobbs Vetoes Pro-Gun Legislation...Again

On Friday, June 19, Governor Katie Hobbs (D), vetoed Senate Bill 1068 and Senate Bill 1069. For those keeping score at home, this marks not the first, nor the second, but the third time Governor ...

Credibility Crisis Facing Violence Interruption Programs Continues

News  

Monday, June 15, 2026

Credibility Crisis Facing Violence Interruption Programs Continues

Few things expose the hypocrisy of anti-gun activists and their allies more clearly than the recurring spectacle of so-called “violence interrupters” and their own violent tendencies. The story has become repetitive but worth reiterating because ...

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.