Skip to comments.Federal court upholds Fla.'s docs vs. glocks law (good news)
Posted on 07/26/2014 11:02:57 AM PDT by aimhigh
A Florida law restricting what doctors can tell patients about gun ownership was deemed to be constitutional Friday by a federal appeals court, which said it legitimately regulates professional conduct and doesn't violate the doctors' First Amendment free speech rights.
The ruling by the 11th U.S. Circuit Court of Appeals in Atlanta overturned a previous decision that had declared the law unconstitutional. An injunction blocking enforcement of the law is still in effect, however.
By a 2-1 decision, the appeals court upheld the law as a protection of patient privacy rights and said that the limits imposed by it were "incidental."
"The act simply codifies that good medical care does not require inquiry or record-keeping regarding firearms when unnecessary to a patient's care," states the opinion written by U.S. Circuit Judge Gerald Tjoflat.
(Excerpt) Read more at wbtw.com ...
IN the article:
Howard Simon, executive director of the ACLU of Florida, was surprised with Friday’s ruling. “We are astounded that a court would allow the legislature to override the free speech rights of doctors and medical personnel,” Simon said in a statement. “It’s a sad day when judges tell doctors what is in the best interest of their patients.”
Funny, the ACLU holds the opposite opinion when it comes to shrinks treating homosexuality.
I would be much happier with a product liability law that enables patients to sue doctors for bad advice concerning guns. However, if the doctor is a licensed firearms trainer by the NRA or does not provide any advice at all, then they are exempted from any liability.
He can tell me whatever he wants.
Just as long as he doesn't ask me anything for the record.
Likely as not we're going to meet at the range, anyway...
The most effective safety on any gun is between the shooters ears. police carried 6 shot revolvers with no safeties for a century and nobdy was screaming “ the gun is unsafe, it doesn’t have a safety!”. The glock is a perfectly servicable weapon. If you don’t like it, fine that’s your choice. but you can’t argue with success. The glock is the service weapon for the vast majority of law enforcement in the U.S. for a reason. BTW, I am a factory certified glock armorer so I know from whence I speak.
Free speech? BS!
What really started this?
“Florida’s Republican-controlled Legislature adopted the Firearm Owners’ Privacy Act after an Ocala couple complained that a doctor had asked them about guns. The couple say they refused to answer and the physician refused to see them again.”
Did you get that?
Doctor wants to know if you have firearms in your home, you tell him it’s none of his damn business and he refuses to ever treat you again!
THAT’S what this is about.
Free speech has nothing to do with it.
Unless you tell the doctor whether or not you own guns (so he can turn that info into the government) you don’t get to have a doctor.
Revolvers are inherently safe. Glocks are automatics, as you know. I believe there is sort of an ‘omerta’ or code of silence about Glock safety. What’s between your ears doesn’t help you if your firing pin has a way of doing things it shouldn’t do.
In any case I won’t own one. Light, fun to shoot, but just too creepy.
By the way, however, I appreciate your opinion and hold it as one of authority. Nevertheless I do believe LEA popularity has more to do with weight, price and comfort. Given the choice, if it wasn’t a Police Department Buy, wouldn’t the “smartest” LEO you know select a Browning, Colt, or Beretta?
From what I’ve read in the ancient past, FRANCE ordered lots of S&W police revolvers for their police. They required a thumb safety on them.
Glocks are semi-automatics, as you know.
Tell me Doc, do I want to be a giver or a receiver?
Misleading and biased story. The law didn't restrict what doctors could say. It restricted what questions they could ask about private non-medical facts and the records they could keep about them.
Oh really? I never knew. So, like, half a machine gun?
Phew! Thank goodness you set me straight. I’ve been looking at my collection of firearms wondering what the heck they were! Thanks. By the way, what’s a barrel shroud?
Beretta 92 was the choice for quite a while.
Much smarter to be a revolver LOL. In terms of efficacy and simplicity. The close in weapon of choice of the mob, with sub powder loads.
Agreed. Do wish the media understood this. Maybe better said to be an “autoloader” not an auto-firer.
Shazaam, who would have guessed?
It restricted what questions they could ask about private non-medical facts
It is telling that the ACLU should have a problem with protecting the privacy of patients.
Thank you for being respectful, I do appreciate that. I’ve carried s&w’s Berettas and Glocks on Duty. I hate to say it, but after 12+ hours on duty less weight on the belt is generally appreciated. All other things being equal, I’ll carry the glock. To each his own, however.
The Beretta 92 variants (I have a 90 model) are wonderful, but they are heavy! Celtic is right. After a few hours one forgets about the Glock whereas the Beretta makes a sweaty crinkled mess of my suit. One more reason why I love the S&W revolvers in .357 titanium. Now why can’t they make a “ladysmith” with a name like BLACK OPS SPECIAL?
Damned if my Thompson doesn't do the same! But by keeping the spare drums in baggies, they are always dry and ready for use. Ditto my Mills Bombs.
I notice from my TV that a lot of the lighter in the loafer "personalities" are wearing suits so tightly cut they look as if they were bought when the guy was 11. These fellows should keep their Ladysmiths in their manpurses.
Why, something you cover a dead barrel with of course..
OK, I'll leave quietly... ;-)
They are dangerous in the hands of dumb asses
You pprobably should stick with a slingshot as Glocks are for adults.
Glocks don’t misfire, idiots like you pull the trigger then blame the gun.
“Accidental discharge” is a stupid concept and the term should be banned from the lexicon. 99.995% of all so-called “accidental discharges” are really negligent discharges. Human negligence is the cause of the problem, not Glocks or any other non-sentient assemblage of steel and (optionally) plastic.
Firearms safety happens between the ears, not with the addition of a magic button to a firearm.
“Funny, the ACLU holds the opposite opinion when it comes to shrinks treating homosexuality.”
Could it be possible the ACLU favors the agenda of the progressives?
Some folks like Glocks the same way some folks liked the VW Beetle. For me, both are too ugly, no matter their efficiency. The Chiappa revolver is too ugly, no matter its efficiency.
I’m so vain.
“Accidental discharge” is no myth. It happened to me one time (and one time alone) with an exquisite indian co-ed in the common room of Trumbull college.
The Glock, conversely, misfires as it cycles, and from what I am told it is a well-known problem. I am not a gunsmith or armorer, so please do not make fun of me if I use less-than perfect descriptive language, here’s the deal:
When you charge the cylinder ie. draw a cartridge into the cylinder of a Glock auto handgun, and when you then release the slide to ‘close’ the weapon, there is a chance, especially if you ‘release’ with a snap, that the weapon will discharge. I am told by a VA gunsmith and dealer that the firing pin ‘slides’ out of its sleeve.
if so, need a more stout spring.
"Welly Welly sorry, Mrs. McGillicuddy, but he was 64 years old, you know, and we could do nothing! So, we discharged him, accidently sort of."
O BTW, Glock is (or was) always in court about this "accidental discharge" issue, (including cases involving LEO's) so let not the Glock Fans get their knickers in a knot defending the company's product. OTOH, MacDonalds patrons have won millions for suing about hot coffee.
Perhaps best to remember old Serbian saying.
In that way, one can always claim self-defense, e.g.: "Officer, she made a furtive move toward my lanyard." Of course, in today's New Haven, one ought to be prepared to state that in correct español.
BTW, as a medico myself and well versed in the anatomy of the female coed, including many who were quite common, I must admit that I am stumped by your use of the terms "accidental discharge in the Common Room."
That is actually called the "Barrel Cozy," My grandmother used to knit them for me, before the BATF took her and her dog out. Wrong house sort of thing.
For all growing young men— an unforgettable seminal moment. A mind being a surprising thing to find and “get right”, for when the “top” breaks and the spent shells fall out, the shootist must.... reload for another go.
The only defense to the Dean in such cases (which is completely lame in the case of a revolver) is/was “I didn’t know the gun was loaded” before “one’s” misfire at a damsel in deshabille distress.