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Judge blocks Fla. law restricting doctor gun talk
CBC News ^ | September 14, 2011 | staff reporter

Posted on 09/15/2011 10:06:16 AM PDT by Daffynition

(AP) MIAMI — A federal judge on Wednesday blocked enforcement of a first-in-the-nation law that restricted what Florida physicians can say about guns to their patients, ruling the law violates the U.S. Constitution's free speech guarantees and does not trample gun rights.

U.S. District Judge Marcia Cooke said it was important to emphasize "the free flow of truthful, non-misleading information within the doctor-patient relationship."

"This case concerns one of our Constitution's most precious rights — the freedom of speech," Cooke said. "A practitioner who counsels a patient on firearm safety, even when entirely irrelevant to medical care or safety, does not affect or interfere with the patient's right to continue to own, possess or use firearms."

(Excerpt) Read more at cbsnews.com ...


TOPICS: Constitution/Conservatism; Government; US: Florida
KEYWORDS: banglist; doctors; guns; healthcare; obamacare
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To: DPMD

And there are a considerable number of pediatricians who have been outed as pederasts. Bingo.


41 posted on 09/15/2011 11:33:34 AM PDT by John S Mosby (Sic Semper Tyrannis)
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To: NativeNewYorker
If anyone asks me if I own a gun (I don’t), I’ll just ask him how long his pecker is.

LOL. Perfect

42 posted on 09/15/2011 11:35:52 AM PDT by paul51 (11 September 2001 - Never forget)
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To: NativeNewYorker
If anyone asks me if I own a gun (I don’t), I’ll just ask him how long his pecker is.

LOL. Perfect

43 posted on 09/15/2011 11:36:00 AM PDT by paul51 (11 September 2001 - Never forget)
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To: Crazy ole coot

I understand, but I didn’t say anything about you refusing to answer - and I don’t think the law does, either.

As for the concern about doctors spreading the info - do they ask about sexual activity? Are they allowed (they should be, since it is definitely a health issue - unless you’re homo, in which case it has nothing to do with AIDS)? Which also is basically invisible to anyone at large. Do you worry about them spreading that info? Conversely, what if I tell the doc I’m a virgin (which I was till married) but don’t want all those sexually immoral people, who rule society now, after me saying I’m nuts and need to see a psych because I don’t screw just anyone (see the Oprah show)? Or that I don’t and have never drunk? They ask those questions all the time.


44 posted on 09/15/2011 11:49:54 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: neverbluffer

Because guns can even accidentally go off loaded and kill you.


45 posted on 09/15/2011 11:50:52 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: RC one

Exactly!


46 posted on 09/15/2011 12:03:15 PM PDT by Daffynition (Obama's job plan is that it's all designed as a desperate effort to save just one job: his own)
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To: rarestia

Categorize your experience: Things that happen for the best.


47 posted on 09/15/2011 12:04:50 PM PDT by Daffynition (Obama's job plan is that it's all designed as a desperate effort to save just one job: his own)
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To: John S Mosby; yefragetuwrabrumuy

I appreciate your info, and thanks. Food for thought.

I don’t necessarily know that this is still necessary. As others have said - refuse. And they should likewise have the right to refuse you service.

If there’s actually “reporting” going on, that’s bad - but then we can worry about that with various things in our lives and that governments have been “requiring” for ages.


48 posted on 09/15/2011 12:09:17 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: Crazy ole coot

I recently started with a new doc. He was very nice and came with glowing recommendation from neighbors and friends; in the first few moments I knew I liked him b/c he seemed to listen and *level* with you. He asked the question. I boldly told him it was *none of his GD business.* He LOLed and said, *Guess we’ll put down ...Don’t ask, she won’t tell.* We laughed and laughed. He’s a good guy and I have since learned he is a Marine. If the question ever comes up again, I would ask what his intention with the answer would be.

I would worry about my 8 y/o GD who is very chatty and proud of her shooting experiences thus far in her young life. I don’t like the thought that I have to teach her about white lies. But we will have that convo.


49 posted on 09/15/2011 12:26:16 PM PDT by Daffynition (ARM)
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To: Buckeye McFrog

Kinky.

That’d make a good first impression. :)


50 posted on 09/15/2011 12:28:11 PM PDT by Daffynition (ARM)
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To: N. Theknow

LOL great reply, one to remember...or how many of your patients died under your care...


51 posted on 09/15/2011 12:32:07 PM PDT by goat granny
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To: Daffynition

This is my rifle this is my gun. one is for killing the other is for fun.


52 posted on 09/15/2011 12:34:16 PM PDT by Ratman83
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To: John S Mosby
Correct safety with firearms is a function of proper parenting and training.

Ever notice how liberals defend sex education, even for the very young, under the guise of "what they don't know can hurt them."

But when it comes to firearms, liberals assert that ignorance of all things guns (except the evil associated with them) is the best approach.
53 posted on 09/15/2011 12:36:11 PM PDT by ConservativeWarrior (In last year's nests, there are no birds this year.)
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To: the OlLine Rebel
Because guns can even accidentally go off loaded and kill you.***********

Doctors kill more patients due to mistakes than any citizen with a gun....question to doctor: how many patients have you killed due to mistakes...

54 posted on 09/15/2011 12:40:26 PM PDT by goat granny
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To: RC one
"This case concerns one of our Constitution's most precious rights — the freedom of speech"

... only in the minds of liberals are some of our constitutional rights more precious than others.

How are the rights mutually exclusive?

How does a law controlling the First Amendment speech rights of one citizen affect your Second Amendment gun rights?

Your doctor has a First Amendment right to tell you that, in his opinion, guns (insert opinion here) and you have a right to tell your doctor to go (insert unnatural act here) himself.

Once you give the State the power to dictate what a doctor can and cannot say about something you agree with, you have opened the door for the State to dictate what a doctor can and cannot say about something you disagree with.

Imagine a California law where doctors are forbidden to say that, in their opinion, the gay sexual lifestyle is far riskier that the heterosexual lifestyle.

If you don't like what your doctor says, the solution is to find another doctor and NOT to give the State more power than it already has so that the State becomes the Thought Police.

Once you establish the State Thought Police to silence those you disagree with, sooner or later, the State Thought Police will come to silence you.

55 posted on 09/15/2011 1:01:58 PM PDT by Polybius (Defeating Obama is Priority Number One)
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To: goat granny

Because guns can even accidentally go off loaded and kill you.***********
///////////////
A gun has “never accidentally gone off and killed anyone. The hammer has to be released somehow, usually by someone pulling the trigger.

A gun has Never killed anyone, it was the person behind the gun.


56 posted on 09/15/2011 1:04:36 PM PDT by Crazy ole coot (Freedom is NOT free. Thank our military for your freedoms!)
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To: Crazy ole coot
Because guns can even accidentally go off loaded and kill you******

That was not my comment, that was the comment I was replying to......

57 posted on 09/15/2011 1:18:29 PM PDT by goat granny
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To: RC2
People need to remember that whatever you say in the doctors office can be written down and placed in your file. Thereby establishing a record of you gun ownership. I have talked to my doctor about things and I have told him not to write it down. If he gives me advice he said he has to write it down so I couldn’t come back and sue him.

You are both correct.

As the malpractice attorneys warn doctors, "Unless you wrote it down and documented it, it never happened."

Example:

1.) Gun owner is given a safety lecture by doctor about gun-locks, keeping guns out of the reach of kids, etc., but it is not written down because of a patient request.

2.) Gun owner is careless. His young son gets his gun to play with and fatally shoots his sister.

3.) Gun owner is asked by an ambulance chasing lawyer named John Edwards if he was ever warned about gun safety by his doctor. (Hint, hint.)

4.) Gun owner replies, "No."

5.) Doctor is slapped with multi-million dollar lawsuit and "standard of care" guidelines from the pediatric literature are cited.

6.) Doctor swears he gave the warning but the warnings are not documented in the medical record .... "Unless you wrote it down and documented it, it never happened."

7.) Jury crucifies doctor.

The way to handle the situation is simply to state that you will neither confirm nor deny gun ownership.

That protects you and protects the doctor.

Chart entry:

"Patient will neither confirm nor deny gun ownership. Gun safety sheet handed out as a precaution".

58 posted on 09/15/2011 1:23:52 PM PDT by Polybius (Defeating Obama is Priority Number One)
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To: Daffynition
" Hey Doc .. You're Fired .. ya sissy statist twit ! "
59 posted on 09/15/2011 1:25:40 PM PDT by tomkat (para bellum)
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To: Crazy ole coot
I would have to say accidents can happen...for example:

My husband was showing me how to load a shot gun when we bought the farm....We were in the back room and the gun had a sensitive safety or he had not entirely engaged it...He put the shell in and when he racked it, the gun went off and blew a hole in the wall, shredded the 2 X 4 behind the drywall and missed the old furnace by inches and glanced off the brick chimmney....Scared the hell out of both of us...my son was in the shower in that room, he walked out of the shower with a towel around him and said when he passed us "I think I'll go out and look for an apartment" Hubby hung a picture over the hole and I was glad it didn't blow a hole in the inside bathroom. He told me to never tell the other kids about it, but I took great pleasure in telling them about the hole...He also said "don't ever do what I just did"...glad the gun was pointing away for the shower in the furnace/utility room....Since the house was almost 100 years old, that room was added in the 1930's...

It still had the original wireing...when we had an electrician put in a ceiling fan in the living room it took him hours and he had never seen that type of wiring before...

60 posted on 09/15/2011 1:30:16 PM PDT by goat granny
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