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
Last Chance for Gun Owners to Ask U.S. House to Amend the Reconciliation Bill

News  

Monday, May 19, 2025

Last Chance for Gun Owners to Ask U.S. House to Amend the Reconciliation Bill

The U.S. House of Representatives has another chance to amend the current Reconciliation Bill making its way through Congress. The Reconciliation Bill would currently rescind the unconstitutional tax on suppressors, but it doesn’t remove them ...

Clueless Anti-gun Democrats Dig Themselves an Ever Deeper Hole

Monday, May 19, 2025

Clueless Anti-gun Democrats Dig Themselves an Ever Deeper Hole

Anyone reading the firearm-related news these days is reminded that anti-gun Democrats appear oblivious to the blunt message sent by millions of American voters last fall. Despite Democrat presidential candidate Kamala Harris blowing through a mountain ...

Trump DOJ Settles Lawsuits Involving Forced Reset Triggers

News  

Monday, May 19, 2025

Trump DOJ Settles Lawsuits Involving Forced Reset Triggers

On Friday, May 16, the U.S. Department of Justice (DOJ) announced the settlement of several lawsuits arising from the Biden-Harris regime’s attempt to reclassify forced reset triggers (FRTs) as “machineguns.” DOJ’s announcement cited President Trump’s Executive Order Protecting ...

Rocky Times for Gun Owners in the Rocky Mountain State

News  

Tuesday, May 13, 2025

Rocky Times for Gun Owners in the Rocky Mountain State

As the Colorado legislative session closes, its 2025 edition will long be remembered and lamented as a historic assault on the Second Amendment.

House Committee on Ways and Means Advances Legislation Involving Suppressors

News  

Wednesday, May 14, 2025

House Committee on Ways and Means Advances Legislation Involving Suppressors

Early this morning, The House Committee on Ways & Means, led by Chairman Jason Smith (R-MO-08) finished a markup of their section of the Reconciliation Bill. Included in this legislation was a provision which would ...

Arizona: Governor Hobbs Vetoes Three Pro-Gun Bills Passed by Legislature

Friday, May 16, 2025

Arizona: Governor Hobbs Vetoes Three Pro-Gun Bills Passed by Legislature

Despite strong support from the Arizona Legislature, Governor Katie Hobbs has vetoed Senate Bills 1014, 1020, and 1143, each of which sought to protect and enhance the rights of law-abiding gun owners in the Grand Canyon ...

Canada’s Gun Confiscation: Still Grasping for Solutions?

News  

Tuesday, May 13, 2025

Canada’s Gun Confiscation: Still Grasping for Solutions?

Last year, we wrote about how several previous enforcement schemes for Canada’s Liberal government’s 2020 gun ban and confiscation appeared to have fizzled out. 

Another Court Determines Magazines Aren’t “Arms” in Upholding Arbitrary Limits

News  

Monday, May 19, 2025

Another Court Determines Magazines Aren’t “Arms” in Upholding Arbitrary Limits

Last week, the Washington State Supreme Court upheld the state’s ban on magazines that hold over ten rounds, overturning a lower court order that had deemed it unconstitutional. The 7-2 decision in State v. Gator’s Custom ...

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

News  

Monday, May 5, 2025

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

On April 30, Sen. Adam Schiff (D-Calif.) introduced the so-called “Assault Weapons Ban of 2025.” Picking up where his predecessor Dianne Feinstein left off, Schiff’s legislation would ban commonly-owned semi-automatic firearms, such as the AR-15.

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

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.