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Judge Bars Enforcement Of ‘Docs Vs. Glocks’ Gun Law
July 3, 2012
Saying it was based on anecdotal information and unfounded conjecture, a federal judge has barred enforcement of a 2011 state law that restricted doctors from asking patients about guns in their houses.
U.S. District Judge Marcia Cooke ruled Friday that lawmakers had failed to make the case that gun owners were being unduly burdened by the law, which restricted doctors and other medical providers from asking questions about gun ownership during medical visits.
In a 25-page ruling, Cook permanently barred the state from enforcing the law, known officially as the Firearm Owners ‘ Privacy Act.
“What is curious about this law-and what makes it different from so many other laws
involving practitioners’ speech-is that it aims to restrict a practitioner’s ability to provide truthful, non-misleading information to a patient…,” Cook wrote. “The purpose of preventive medicine is to discuss with a patient topics that, while perhaps not relevant to a patient’s medical safety at the time, inform the patient about general concerns that may arise in the future.”
Backed by the National Rifle Association and the United Sportsmen of Florida, the bill (HB 155) was approved by lawmakers and signed by the Gov. Rick Scott in 2011. The bill easily passed both chambers along largely party line votes of 88-30 in the House and 27-10 in the Senate.
A coalition of groups including the Florida Pediatric Society and the Washington-based Brady Center to Prevent Gun Violence filed suit in federal court in Miami, raising a litany of concerns over patient-doctor relationships and First Amendment Rights.
Cooke issued a temporary injunction in September, saying at the time the group had a good chance of winning its case against the Florida Department of Health.
Critics of the bill, led by Florida pediatricians, said the law interfered with the doctor-patient relationship and muzzled health care practitioners from asking pertinent questions regarding safety issues in the home.
Queries regarding guns at home, physicians argued, are part of a routine battery of questions including whether the home has a swimming pool and whether dangerous chemicals are properly stored.
Supporters said a gun ownership was a private matter. They cited an Ocala case in which a physician dropped a patient after she refused to answer questions about whether the family had guns in the home.
Cooke said neither supporters of the bill nor their attorneys could provide more than anecdotal information proving that prohibiting physicians from asking such questions would result in widespread discrimination against gun owners. They also could not show that Second Amendment guarantees would be jeopardized, Cooke concluded.
“I do not disagree that the government has such an interest in protecting its citizens’ fundamental rights,” Cooke wrote. “The Firearm Owners’ Privacy Act, however, simply does not interfere with the right to keep and bear arms. The state’s arguments rest on a legislative illusion.”
Gun control advocates, who have accused lawmakers and Gov. Rick Scott of pandering to the NRA and other politically active pro-gun groups, lauded Cooke’s ruling on Monday.
“Guns kill eight children every day,” said Dan Gross, President of the Brady Center. “The government cannot tell us or our doctors that we are prohibited from discussing the deadly risks posed by guns.”
“We thank the court for recognizing that pediatricians need to maintain an open dialogue with our patients and work with parents in order to keep children safe,” said Dr. Mobeen Rathore, Florida Pediatric Society president. “Discovering potential risks and providing education on how to prevent injury fulfills the patient-physician relationship.”
The Department of Health has not determined if it will appeal the decision, but House sponsor Rep. Jason Brodeur, R-Sanford, said an appeal is likely.
“I expect the ruling to be appealed to the 11th Circuit (Court of Appeals in Atlanta,)” Brodeur said. “But that will depend on the wording of the ruling. I haven’t read it yet so we’ll have to see.”
Barring any appeal, at least one key supporter said he thinks gun owner rights advocates and medical professionals can come to terms.
Lawmakers, for example, last year crafted a bill that had enough protections that the Florida Medical Association did not oppose it.
“It’s an issue worth addressing next session,” Sen. Joe Negron, R-Stuart, said Monday.”I’m optimistic that we can allow the reasonable application of medicine and protect constitutional rights.”
By The News Service of Florida
Comments
20 Responses to “Judge Bars Enforcement Of ‘Docs Vs. Glocks’ Gun Law”
You had better be worried about winding up on someones grill.
That one – - like so many others – - went right over my head.
Please expound.
Barbecue grill?
Radiator grill?
David for grilled cheese
$15,891,108,921,309.97 in debt, 56% of the nation in drought and you people are worried about guns!.
You had better be worried about winding up on someones grill.
Just answer the question the way I do ” none of your bussiness” I’ve never been refused treatment nor have they brought it up for discussion or tried to explain to me the dangers of gun ownership. There are more people who die in hospitals under a doctors care during any given year than who die from people using guns to kill them. I still use both.
REGARDING:
“Now, now Kathy, it isn’t nice to call people crazy. ”
My grandmother tended to call most people crazy. My older brother told her, “Grandma, I read that crazy people tend to think everybody else is crazy.”
To which she replied, of course: “You’re crazy.”
The rest of us considered it supporting evidence for the claim.
Consider it here as well.
David with many relatives
who’ve graced the hospital
at Chattahoochee, and
others who should’ve
Well as we celebrate the 4 of July, Obama along with Hillary Clinton, are wanting to sigh a treaty called ATT, with the U.N, that would destroy our 2nd amendment rights. If you do not believe me BING(search engine), NRA & U.N. 2012. We would fall under U.N rules for small weapon control. Now in true tradition of our president, Oh he would not do it , it would be a treaty with the U.N. But he does not have the last say, the senate does by a 2/3 vote.Scary is it not?
Well, if GUNS kill children everyday, then my fork makes me fat and if I stand in my garage, that makes me a car. Makes sense to me.
I am so sick of this. Why is it so hard for people to realize; It is not a gun that kills a person, it allways the the one holding it that does. Wether accidental or intentional, there allways has to be someone behind the trigger. Now I know im going to hear the accidental discharge theory. I am a soldier we are taught there are no “accidental Discharges” ! We call them Negligent, because it is the owners responisibility to ensure that they are properly unloaded. Peole need to stop and take action against those who commit the crimes. If you take away the guns they will find them illegaly or use some other weapon that can be just as deadly in the wrong hands.
Now as for A doctor asking if I own a gun…..That is none of their business. There is nothing in the hypocratic oath that says they need to know if we own guns. A doctors oath is suppose to ensure that we get treatment, not tell us to go somewhere else if they dont like that we own firearms. I have several, and i keep some for home defense, and the rest for hunting. all owned legally and kept safe and unloaded. My children are taught gun safety. That is the responsible thing to do in any home, so I say we enforce this law and be done with it.
Thank you WIllbill… I presume the right wing anti-car enthusiasts will present legislation next week, requiring ALL physicians to ask questions concerning the ownership of automobiles, so that they may preach at us about safety concerns while we drive! Especially since children are 629 times more likely to killed by an automobile than they are a gun EVERY DAY!!
Let’s get real here folks, considering who is pushing this agenda, there is obviously an ulterior motive! It isn’t as simple as having your Doc ask you if you have a gun, and telling you if you got kids in the house you should lock it up!! Your medical records all go into the homeland security database, that is FACT FOLKS, if you doubt, google it, “medical records homeland security”, it is there!! And, thus, the reason they want your Doc to ask, is so they have additional leads to who has guns!!! NO OTHER REASON!
Appeal it, and put it back to rest. My doctor has no business asking, and if he does, I’ll tell him it’s none of his business. If he refuses to treat me for not answering that question, I’ll sue him for malpractice.
I don’t believe it’s any of my doctors business. If you buy a gun legally they know what you got anyway and where you live and if your a fellon you can’t by one legally but you can go to gun shows and purchase one. That’s how those croked repubs do. But all you radical blow hards Got to huff and puff and blow it way out. Just say no like you always do about issues. You should see all those gray hair tea party at useless Rubio book signing looks like nobody is under 65.
Well thank you Willbill, for looking that up. really just goes to show you how far anti-gun liberals will go to try to make their point. Just like ,and I am beating a dead horse here, how they will lie to say that Obamacare is not a TAX. Well sure they will say any thing to make their point. Well the good thing is it is now out in the open. Holder has always been anti-gun. Just google or bing Eric holder and gun control, you will be amazed at his history. I think the current president along with the help of A,G. Holder. and HLS, would not have a problem with enforcing gun control. Nope. not being paranoid ,. but that is currently the world we live in. Some people just do not like independent thinkers, we can not and will not be controlled, believe me,I do not need or want the government telling me what is best for me.
“’Guns kill eight children every day,’ said Dan Gross, President of the Brady Center.”
The latest data from the National Center for Injury Prevention and Control, place the number accidental deaths from firearms in ages under 18 at 122 nationally which is less than one per day. Citizen disarmament zealots and organizations add in criminal gang violence and suicides to up there numbers in an attempt to frighten us into disarming, and physicians questions will do nothing to lower these numbers.
By contrast, accidental deaths from:
Traffic accidents; 5,032
Suffocation: 1,254
Drowning; 975
Poisoning: 664
Fire: 516
Falls: 146
Well the good news is that with the passing of the Obamacare TAX, it proves that liberals refuse to tell the truth. Fast & Furious will prove how far the president was willing to go to start gun control. Or at least skin Holders hide. Now we all know liberals hate guns and people who own or support owning them. All gun control advocates have no problem being known to have a liberal base. The good news is,Obama has done more for gun sales than any president. It has also cause more states to pass more pro-gun laws.Crime is down over all, except where left leaning government officials still insist on restricting gun ownership.When Obama says he supports the 2 amendment. You trust him? He’s lying and the other liberals are lying to us by saying (it is not a tax, it is s a penalty) Really? Hey any body got another name for gun control? If they do I am sure they will try to use it.
Before a dictator and/or totalitarian government takes over a country, they confiscate all guns. Therefore if gun ownership is documented on government health care documents, the enforcers know where to go to seize the guns. We were taught these things when I was in school. Now, we are more concerned with students ‘ rights. Our country was once the envy of the world. It is now the laughing stock of the world. Everything that has brought other empires down have, and is happening now in the USA. It is only a matter of time. Only mass genuine repentance can turn this tide, and I don’t see that happening.
AC – great comparisons and good points all.
Now, now Kathy, it isn’t nice to call people crazy. Sick disturbed thinking? Wow! Way to be all civil like your president pretends to want. I love your defintion of this law which is the largest ever tax increase and one that grants the government practically unbridled freedom to intrude and ultimately control the most personal aspects of your life as a “simple new law”. Well over 2,000 pages which include a wide array of controls and taxes which have nothing on earth to do with healthcare – simple? LOL You might want to put down the Kool Aid! You’ve fallen for the shiny object held up by Uncle Obama to keep your focus off of what is really going on.. Your responses , though reliably misguided, really are amusing and entertaining. Just keep watching whatever news show you’ve been watching. Wouldn’t want you being challenged by reality.
As a citizen of the U.S.of A .And proudly supporting our military with my tax dollars. technicality, don’t I or we own millions of them? Tell them that , that will blow their minds!!!!! Just kidding.Of course you could give them the liberal response ,No I do not have a gun, but I do have a weapon, kind of like its not a tax, its a penalty.
What makes a medical doctor an expert on firearm safety? Did they teach a firearms course in medical school? I’m sure they know how to treat a wound caused by a gunshot, but are they qualified to instruct people about gun safety? Unless the doctor owns firearms, has taken extensive safety courses on the subject, and is licensed to instruct others in firearm safety, then he is no better qualified than anyone else. If you want to learn about firearm safety, then see if the firearm instructor at your local police department will give you advice, or attend a qualified firearms course taught by an actual licensed professional in firearms. Do medical doctors give cullinary advice to those patients who accidentally cut themselves while cutting meat in their kitchen? Do medical doctors give driving lessons to those patients who have been, or might be, injured in a car accident? Do medical doctors tell you how to properly do your job when you are injured in a work related accident? No, they don’t; nor should they. They are not qualified to give advice on things they know little or nothing about, so why are guns ant different?
Either reply , Nope , no of your busisness, or what guns?
Excuse me, just yesterday we hear how a two year shot himself right in Pensacola area. An idiot with a gun right here in Molino shot himself when he fell on his gun.
NWFL LInda is just crazy, Hysterics all over a simple new law that allows everyone healthcare paid for each by individual. Republicans don’t have to rely on any voting republican to have a brain, they feed you waste and you suck it up like it s the truth.
Sick disturbed thinking. Try some intelligence when you hear news. And yes we/you
obviously do need to be told to keep guns away form kids.
Hmm, let’s see. Doctors ask about guns in our homes and the government takes control of all our medical records if Obamacare goes into effect. What a nifty way for the feds to find another reason to levy a tax on us – gun owners’ medical protection tax. Lie about it to your doctor, liar’s tax. When they are thru taxing owners, they’ll know right where to go when the confiscation begins. And, there will probably be a tax on “weapons relinquishment” , too.
Are we/you so dumb that we need someone/anyone be it doctor, lawyer, clergymen to tell us that we need to keep our guns away from our children???? Really if you are that stupid you dont need to be in the gene pool….be kind spay and nueter your self…….