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Federal Appeals Court Upholds ‘Docs Vs. Glocks’ Bill
July 26, 2014
A federal appeals court has upheld the state’s controversial “docs vs. glocks” bill, overturning an earlier court ruling that had blocked part of the law from being enforced.
In a 2-1 ruling, a three-judge panel of the 11th U.S. Circuit Court of Appeals said the state Legislature had the right to pass the law, which includes provisions restricting doctors and other medical providers from asking questions about gun ownership during medical visits.
“In order to protect patients, physicians have for millennia been subject to codes of conduct that define the practice of good medicine and affirm the responsibility physicians bear,” Judge Gerald Tjoflat wrote. “In keeping with these traditional codes of conduct — which almost universally mandate respect for patient privacy — the Act simply acknowledges that the practice of good medicine does not require interrogation about irrelevant, private matters.”
The majority found that the National Rifle Association-backed law, known as the Firearm Owners’ Privacy Act, “has only an incidental effect on physicians’ speech.”
The appeals court rejected a decision by U.S. District Court Judge Marcia Cooke, who ruled last year that the law was built largely on anecdotal evidence, and that legislators couldn’t prove that gun rights would be jeopardized or that patients who own firearms might face discrimination.
Supporters of the 2011 law say doctors might turn away patients who own guns or who wouldn’t answer questions about whether they did. Critics argue that doctors need to know what’s in a patient’s home so they can offer safety advice.
In a sharp dissent significantly longer than the majority opinion, Circuit Judge Charles Wilson said the law was an unconstitutional “gag order” that infringes on doctors’ rights.
“The holding reached today is unprecedented, as it essentially says that all licensed professionals have no First Amendment rights when they are speaking to their clients or patients in private,” Wilson said. “This in turn says that patients have no First Amendment right to receive information from licensed professionals — a frightening prospect.”
Howard Simon, executive director of the American Civil Liberties Union of Florida, which filed a friend-of-the-court brief opposing the law, said in a statement that his organization was “astounded” by the ruling.
“Today’s decision will keep doctors from asking reasonable questions and providing advice that could very well save lives,” Simon said. “We expect the doctors who filed this case to appeal this decision and that this decision will ultimately be overturned.”
The doctors could seek a full appellate court review or appeal to the U.S. Supreme Court.
by Brandon Larrabee, The News Service of Florida
Comments
12 Responses to “Federal Appeals Court Upholds ‘Docs Vs. Glocks’ Bill”
You will be asked if you fell safe in your home environment. Ask them why they need to know and they will tell you that they are required to ask and document the answer. If you say no it goes to another file???
You have to be very careful with the “mental health” debate because you can cast a wide net with that. For instance if you had something traumatic happen in your life (and we all have), and you happen to say to your doc.”I’ve felt a little depressed to day”. That could come back to haunt you if you decide to purchase a gun.
I think most people read the headlines and perhaps don’t understand what exactly this question is asked for.
This isn’t for when you go to the doctor with a fever and he randomly asks if you own a gun. Could their be doctors that do? Of course, just like anything else that people can apply to the wrong situation.
The purpose of this IS, in fact, SUPPOSE to be used for certain mental health patients. Depending on the circumstances, it could be as basic as asking a suicidal patient if they “have a plan”. Statistically speaking, patients with a plan are at a MUCH higher risk of successfully killing themselves than those who don’t. Asking if they have a gun just allows the doctor to access the health risks of the patient and determine how aggressively he needs to treat the patient. No different than forming a more aggressive diet plan for a higher risk cardiac patient. The fact is, guns have more of a symbolic efficiency of being able to kill stuff, or yourself, more effect then, say, a knife. The fun part about this? If your concern is privacy you can tell your doctor “I’m not going to answer that” / “it’s none of your business” with no legal consequences. Some as if he asked that cardiac patient how many cheese burgers he has ate in the last month. You may get a lecture, but its all in concern for your health.
A doctor should be allowed to inquire about firearms only if the pateint has been admitted for mental health reasons. This could help with sucide prevention. As for other visits to the doctor, this is a good law. It is not there business if there patient has a firearm (unless with mental pateints).
Physicians have no responsibility to be my home safety advisor in any matters not directly related to my visit.
The original efforts by the gun controllers would create a legal requirement for doctors and/or intake administrative personnel to note, on the intake form, specifically whether the patient is a gun owner, regardless of the reason for the visit.
If the purpose of the inquiry was simply out of concern for the patients’ safety, doctors would have little time for anything beyond safety briefings, and certainly not medicine. After all, it would have to be determined whether patients owned not only firearms, but also ladders, pruning shears, kitchen knives, camp stoves, power mowers, ATV’s, motorcycles, nail guns, craft scissors…the list is endless.
But thanks for your genuine concern, there, ACLU.
Bob C,
Close but reversed. They are by law forbidden TO ask.
The law never required them to ask.
The fear is that the federal government would break into patient records to learn who all is armed and eliminate them
David for trustworthy governments
Kathy,
It has nothing to do with safety. If it did the Docs would have brochures that covered all aspects of safety in your home. It is about gun registration when the Doc puts down firearm info into your permanent record. That record is open to many different agencies, just read the disclaimer that you sign as part of your new patient paperwork. The reason this bill appeared is because of pediatricians in south Florida who were refusing to take or service those who had firearms. Discrimination and illegal. Gun registration of any type is an affront to the 2nd Amendment.
Most patients don’t realize that all the information that they provide to their Dr. is part of their medical records, and part of the Obamacare law is that the federal government in the form of the IRS is now the custodian of all medical records. If you don’t believe that one, just ask your Dr. or Congressman. I for one don’t particularly want the federal government to know whether I own a gun or not.
If I am reading this correctly the physicians are no longer Required by Law to ask if I have a gun in my home.
That is a good thing.
Joel…Like you, I have never had a health care provider ever ask about a gun in my home.
Yes, they do ask if I smoke or consume alcohol but that can impact my health and I have no problem with those questions.
One could argue that the reasoning behind the old and now overturned law for medical persons to ask about firearms in the home would be so certain reporting requirements — medical insurance — could gather information for decisions on providing insurance coverage or perhaps for the government agencies to have another indication of who does have firearms in their home.
Why don’t doctors ask if I have working smoke alarms in my home?
Fires kill and harm many more people than guns in the home.
Thank you to the courts for showing good sense in overturning the law that would have required my doctor to ask about firearms or anything else in my home.
Well of course they have no right to be concerned, there are no senseless shootings in America, we are the land of common sense, and there is obviously no mental illness that might cause someone to shoot a lot of people out of irrational thought processes. My gun is more important than any life out there. My right is more important than any one else’s life.
“Critics argue that doctors need to know what’s in a patient’s home so they can offer safety advice.” What a joke. Picture this…………
Man goes to Dr. with hemorrhoids…
Doc…do you own a gun
Man…why, yes I do
Dr….well, take these suppositories, but remember, do not insert with a shotgun.
Should say comics, not critics.
I have never had a doctor ask me about firearms, nor many other products in my home that could cause harm if used improperly. What doctor would think this was a “right” they had!