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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: the OlLine Rebel
Just because you recognize gun rights does not mean a doctor does not have the right to discuss guns with you.

The problem isn't with a doctor "discussing" anything. The problem comes when a doctor is duty-bound by the State to record and report your answers.

Any doctor who tracks patients' gun ownership should be fired by said patients.

61 posted on 09/15/2011 1:34:22 PM PDT by M. Thatcher
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To: NativeNewYorker

Just to play advocates devil....one can do as I do....don’t answer their questionnaire on that and tell them to mind their own busynessMany of my hunting buddies are doctors and would shoot you over post due bills if they could.....especially radiologists

They always have the best guns....Weatherbys and Brownings....the occasional high end tropical H&H or Kreighoff...they love their guns


62 posted on 09/15/2011 1:35:32 PM PDT by wardaddy (, Dick Cheney ....get his book...he should have been President)
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To: apillar
Hey I already lie to my doctor about how much I drink,

There is a formula for that:

Take what a husband claims to drink and multiply it by two.

Take what his wife claims he drinks and divide it by three.

The average of the two numbers is what he probably drinks.

63 posted on 09/15/2011 1:40:18 PM PDT by Polybius (Defeating Obama is Priority Number One)
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To: the OlLine Rebel
Just because you recognize gun rights does not mean a doctor does not have the right to discuss guns with you.

He has no "right". The premise of the licensing system for physicians is that there is no right to practice and that practice is subject to regulation. The question is of a non-medical nature, the answer to which is of no import to treatment, and for which there is no medical remedy. Unless answering the question affects the method of treatment, it is pointless to ask that question. If the doctor DOES allow the answer to affect his treatment, then he is medically incompetent and should be delicensed. If the doctor requires that a patient answer so that he can then lecture him about a purely political issue, then the doctor is effectively holding health as hostage to a political agenda.

We need to start a central database of these agendized, supposed professionals so that we can boycott them.

64 posted on 09/15/2011 1:57:33 PM PDT by Brass Lamp
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To: goat granny

Point is: guns’ bullets can injure/kill you, and that is their purpose in life (whether you mean them for humans or other animals). (As a firearm owner I recognize that and have no problem saying so. That my purpose is in defense and not offense is immaterial to the above.)


65 posted on 09/15/2011 2:08:45 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: Polybius

Thank you. You got it.

Of course, all this absurdity would go away if we didn’t start with some stupid law way back when in the 1st place. I’m sure that’s how it starts - then we get counter-laws, and counter-laws, etc, etc, etc.

My husband’s doctor is a liberal who wrote to the local paper how happy he is our locale has “banned” smoking from restaurants, and should do more. He can say that if he wants, but between his views and his personal actions at his practice, I don’t patronize him and I badmouth him. If I find a real good GP again (my beloved family’s doc had a stroke and had to retire), maybe I can get my husband to change.


66 posted on 09/15/2011 2:13:04 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

That was my statement.

Of course the hammer must drop. Accidents DO happen in various ways and they include the owner shooting himself.

Your denials as well as all those here do NOT help the 2A movement. We need to be honest and NOT disingenuous about firearms.


67 posted on 09/15/2011 2:16:13 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: Ratman83
:) Coming from a state where a neighbor who feels *threatened* by your firearm, and the police are chafing at the bit to come and confiscate your weapons without probable cause [Turn in your neighbor' law] ... we are very leery of announcing to anyone we *might* have arms.

There have been many times coming back from a hunt, and we leave the cased rifles locked in the truck until after sundown and bring them inside, so as not to arouse suspicion. That's how bad it is here.

68 posted on 09/15/2011 2:34:05 PM PDT by Daffynition (ARM)
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To: rarestia
Ihad an initial consult with a new GP, and one of the first questions they asked was about guns. I told them that I would not answer any questions concerning my 2A rights. They sent me a letter a week later stating that they are not interested in my business at their practice.

Give me a FReepmail with his name, and we'll add it to the list.

They want to infringe upon our rights and privacy? Fine. Turn about is fair play.

69 posted on 09/15/2011 4:02:48 PM PDT by archy (I'd give my right arm to be ambidextrous!)
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To: the OlLine Rebel

If you pull the trigger with out intending to then it is not an accident, it is stupidity. Keep your finger off the trigger until you are ready to pull the trigger. Any reasonable person understands that.

A gun going off is the result of one of two things. Someone pulled the trigger or there was a malfunction of the gun (which should have been discovered prior to it being loaded).

And the 2 amendment does not need supporting by me. The Bill of Rights are Rights given to us by God and only enumerated in the Bill of Rights. Congress, treaties nor laws can ever take them away from us.


70 posted on 09/15/2011 4:03:50 PM PDT by Crazy ole coot (Freedom is NOT free. Thank our military for your freedoms!)
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To: Daffynition

If any doctor asks me, my answer is simple:

NOYFB


71 posted on 09/15/2011 4:34:29 PM PDT by Red in Blue PA (Let's apply the "reasonable man" standard to gun laws. How many would stand?)
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To: the OlLine Rebel

Guns do this by themselves? I must be careful when I put them down.

You cannot be serious. They don’t “go off”. They are devices of willful application. Directed application, with numerous safety functionalities.


72 posted on 09/15/2011 5:20:04 PM PDT by John S Mosby (Sic Semper Tyrannis)
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To: goat granny

I know of no shotgun of the last 20 years that would fire a shell that had just been racked into the chamber-— unless your husband racked it with his finger pulling on the trigger inside the trigger guard and pulled it while racking it. So, the issue was- improper safety and improper handling of the weapon while cycling the chamber.

There is one design that would fire as you pumped it- it is a police weapon, not legal to the general public- it fires as you pump it. Policemen/women would have access to such a weapon. What you describe would scare anyone- classic mishandling of a weapon and potentially deadly for you.


73 posted on 09/15/2011 5:29:52 PM PDT by John S Mosby (Sic Semper Tyrannis)
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To: Crazy ole coot

You are absolutely correct. Pulling a trigger without intending to is not an “accident” it is negligence. One cannot anymore have an accident with an auto which is properly working, by yourself, unless you direct the auto improperly

For those interested here is an explanatory link:
http://negligentdischarge.com/

This should help the uneducated become more aware and informed.

The 2nd amendment carries with it responsibility, much as the 1st Amendment does. You have the right to free speech, with exceptions, with numerous examples of the limits of that right.

You have the right to keep and bear (that would be carry for those who cannot speak english)arms— and it isn’t just firearms. The right to keep and bear arms is subject to their lawful application, in self defense, or in the intended defense of our nation. The last line against enemies, foreign or domestic.
Deo Vindice.


74 posted on 09/15/2011 5:43:36 PM PDT by John S Mosby (Sic Semper Tyrannis)
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To: John S Mosby
Interesting observations: My father was a cop in Detroit, retired in 1950 and the gun was given to my husband by my father....Dad was a Detroit Mounted Policeman....:O) He passed in 1988 at the age of (either 86 or 87) born in 1901. You may possibly be right, police shotgun...?

We both knew it was improper handling as soon as it happened...if it was an old shotgun that fired on racking, then hubby was not totally at fault...He passed in 1990. Not being shot but first and only heart attack....I didn't do it.... :O)

75 posted on 09/15/2011 6:27:00 PM PDT by goat granny
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To: John S Mosby

You all know darn well what I mean; stop getting stuck on semantics. I’ve already remarked earlier we need to stop being so disingenuous about what guns can do, what they’re meant for, etc. We look like fools when we’re disingenuous and even downright dishonest.


76 posted on 09/15/2011 6:37:55 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

You don’t need to lecture me about the BofA.

You don’t have to “pull the trigger” to have the firearm go off. All you need is the hammer (which many STILL have and many people still have old firearms with full hammers) in the go position and drop it.

Besides that, you already saw the story above about another accident (call her husband “stupid” - go ahead). The truth is, accidents DO happen.

Your denials are typical of liberal rationale when they wring their hands that every possible thing must be done because “even 1 (death) is too many” - sorry libs, accidents happen and can never be 100% avoided.


77 posted on 09/15/2011 6:42:22 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: John S Mosby

“So, the issue was- improper safety and improper handling of the weapon while cycling the chamber.”

And this is exactly the point: there is absolutely no guarantee against accidents like this happening! Nothing in life is 100% guaranteed, and that’s no matter all your teaching and schooling and vigilance.

And I’ll say it again - LOTS of us have “old guns” that have fewer safety features and classic design features such as full hammers.


78 posted on 09/15/2011 6:49:04 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: John S Mosby

“One cannot anymore have an accident with an auto which is properly working, by yourself, unless you direct the auto improperly”

Once again, this is not 100% true.

If that auto is running, even if you put the brake on (which you SHOULD - yes, that is taught), it may slip and roll. Heck, it may roll NOT running. It doesn’t matter that it’s “not properly working” (i.e., weak brake) - no-one can be up on everything all the time. That is the point. You simply cannot erase every accident (and that’s what they are, despite your protestations and accusations of “negligence” or “stupidity”). We are not gods.


79 posted on 09/15/2011 6:52:37 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: Red in Blue PA

A Brit might call a question like this a wind-up: another way of saying the question is so stupid I’m going to pretend to be as dumb as you’re pretending to be and not answer it.


80 posted on 09/15/2011 6:58:57 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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