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11th Circuit: Constitutional to Bar Doctors from Asking Patients About Firearm Ownership
Breitbart's Big Government ^ | July 28, 2014 | AWR Hawkins

Posted on 07/29/2014 2:15:40 PM PDT by 2ndDivisionVet

On July 25 the United States Court of Appeals for the 11th Circuit "eliminated the injunction" against the enforcement of Florida's "gun gag" law, which restricts doctors from asking patients if they own a firearm unless asking is necessary to a patient's treatment.

According to Law360.com, the 11th Circuit ruled that barring doctors from asking about firearms "doesn't violate the First Amendment."

Florida Governor Rick Scott (R) signed the NRA-backed "gun gag" legislation in 2011. Suit was brought against the State of Florida over the law by "the Florida chapters of the American Academies of Pediatrics and American College of Physicians along with a number of other groups and the anti-gun community."(continued)

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: Florida
KEYWORDS: banglist; florida; guncontrol; gungrabbers; medicine; rickscott; surveillance
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To: Blood of Tyrants

I don’t have that option.


21 posted on 07/29/2014 2:51:19 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: Farmer Dean

Simple answer is ‘NO’.
If you say ‘None of your business’ or similar it will be construed to mean ‘yes’ but I’m not admitting it.
Just say No.


22 posted on 07/29/2014 3:08:10 PM PDT by Vinnie
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To: 2ndDivisionVet

They should be barred by law from asking any question like that. It would be impossible in most cases to try to prove that they mistreated a patient based on any answer to that kind of question (trying to prove what a medical racket person said in private to an insurer or what such person did to otherwise mistreat a patient).


23 posted on 07/29/2014 3:13:04 PM PDT by familyop ("Dry land is not just our destination, it is our destiny!" - -Deacon character, "Waterworld")
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To: 2ndDivisionVet

Just say no! :)


24 posted on 07/29/2014 3:18:14 PM PDT by rangerwife
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To: 2ndDivisionVet
If a doctor asks you this, chances are *excellent* that the doctor is being coerced in some way to ask it. Notice that a doctor this past week shot a murdering patient in Penn--

Probably, since the doctor also is recording what you say, that it is not a good idea to be a belligerent smart a%%. You can lie to a doctor, unless it is some kind of application for a job or a license. Then, do NOT lie to the doctor.

25 posted on 07/29/2014 3:35:01 PM PDT by Mamzelle
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To: Blood of Tyrants
I just finished two weeks of jury duty. That question was on the questionnaire that we all had to fill out.

I, of course, answered that I didn't own any guns.

There was also a question pertaining to gun control laws and if I approved of gun control.

I answered that when guns are taken away from law-abiding citizens, then only criminals will have guns. I should have added, that potentially includes the police.

In addiction, I wrote that the defendant, who was pleading not guilty to 1st degree attempted murder, 1st degree assault and attempted assault, needed to man-up, accept his punishment, get out of prison, get his life straightened out and become a good citizen.

The judge called me in and questioned me at length. I maintained that he was guilty and that I didn't believe in innocence until proven guilty. I was excused.

26 posted on 07/29/2014 3:55:11 PM PDT by Parmy
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To: i_robot73

I didn’t say it was constitutional. I said the supreme court was not necessarily going to overturn it, based on the fact that they’ve already upheld other limits on free speech.


27 posted on 07/29/2014 4:18:21 PM PDT by scouter
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To: 2ndDivisionVet

Good law, when my doctor once asked me about gun ownership I lost all respect for him. He can’t function as my doctor if I don’t respect him.


28 posted on 07/29/2014 4:26:46 PM PDT by Monorprise
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To: cuban leaf
The first amendment protects doctors too.

Can't see how 1st amendment has anything to do with a private conversation.
29 posted on 07/29/2014 4:49:50 PM PDT by caveat emptor (!)
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To: cuban leaf

...and oh so typical of your “friends” at the NRA to come up with more feel good legislation. How about lobbying Congress to rid us of some good old “shall not be infringed”, instead of this crap.


30 posted on 07/29/2014 5:21:57 PM PDT by wita
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To: Gay State Conservative
For some odd reason, you and several other posters intentionally missed the entire point of why there was a court case in the first place.
Odd, but noted.

The “questioning” was a thinly veiled and illegal government attempt to create a gun owner registration list, via searchable private medical records.
Require MDs to have the query on their intake forms.
Require the forms to be entered into a searchable government database.

Nice try, no cigar.

31 posted on 07/29/2014 5:22:01 PM PDT by sarasmom
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To: Farmer Dean

my answer is that i don’t discuss my self-defense requirements with anyone i don’t live with.


32 posted on 07/29/2014 5:54:36 PM PDT by Secret Agent Man ( Gone Galt; Not averse to Going Bronson.)
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To: sarasmom
The “questioning” was a thinly veiled and illegal government attempt to create a gun owner registration list, via searchable private medical records.

Is this a *fear* or an *established fact*?

Require MDs to have the query on their intake forms.

Ditto above

Require the forms to be entered into a searchable government database.

Ditto above

33 posted on 07/29/2014 5:57:42 PM PDT by Gay State Conservative (Rat Party Policy:Lie,Deny,Refuse To Comply)
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To: scouter

For example, you can’t ask someone in a job interview if they’re married, or if they have kids, or what their religion is.


And that is baloney too. I used to be a real estate agent in the Seattle area. You couldn’t use words or phrases like “family room” or “homogeneous neighborhood”, etc.

It is all a violation of the first amendment. The way they got away with it was that you had to be licensed. You could lose your license.

Sleazy. We are not free.

When I moved to central, KY, one of the proofs we are much more free here was when I saw a pickup truck at a traffic light, with four people riding in the bed. I’ve gone back in time 50 years in some very real - and good - ways.


34 posted on 07/29/2014 6:07:00 PM PDT by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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To: cuban leaf

“If this is what it appears to be, it would be overturned by the scotus. The first amendment protects doctors too. They should be able to ask, but you are not required to answer.”

The First Amendment is for POLITICAL SPEECH. This is a case of doctors trying to help the government TAKE GUNS. Well...maybe you have a point, come to think of it - it is definitely a political policy.


35 posted on 07/29/2014 6:44:59 PM PDT by BobL
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To: Gay State Conservative
It is and was established as factual, intentional and an unconstitutional threat to citizens by government.

Hense the many court cases, the new law forbidding it, etc.

I don't mind politely correcting simple factual ignorance, but quite frankly, dealing with your VERY obviously feigned stupidity on this topic, is almost a complete waste of time.

(Descriptive paragraph of your useless contributions self-deleted)

Have a nice life.

36 posted on 07/29/2014 6:46:35 PM PDT by sarasmom
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To: cuban leaf

“...but you are not required to answer.”

And with you not answering, they check Block 3, which means likely has guns and is belligerent.


37 posted on 07/29/2014 6:46:45 PM PDT by BobL
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To: Farmer Dean

“Good.I wouldn’t answer any questions like that anyway.”

Also Block 3, due to having a problem admitting to having guns.


38 posted on 07/29/2014 6:47:30 PM PDT by BobL
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To: WayneS

“My doctor has the right to ask me if I own guns, and I have the right to tell him it’s none of his business.”

Sorry, the doctor will also check off Block 3, due to hostile nature of response.


39 posted on 07/29/2014 6:48:33 PM PDT by BobL
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To: BobL

The First Amendment is for POLITICAL SPEECH.


Actually, that is no true. It protects speech. It has been used by pornographers to defend their material.


40 posted on 07/29/2014 6:51:09 PM PDT by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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