In Florida of all places - Doctors can ask about guns

[Dungannon]

Not me, I'm stuck with the one VA assigned me.

Ah man, that does suck. Doctor questioned me years ago, as I related in another thread. Totally political.
AG Healey wants doctors to talk guns with patients

 

[Brutus57]

Florida doctors can ask patients about guns, court rules
Published February 19, 2017

A federal appeals court ruled on Thursday that Florida doctors can talk to patients about gun safety, declaring a law aimed at restricting such discussions a violation of the First Amendment's right to free speech.

The 11th U.S. Circuit Court of Appeals found that the law does not trespass on patients' Second Amendment rights to own guns and noted a patient who doesn't want to be questioned about that can easily find another doctor.

"The Second Amendment right to own and possess firearms does not preclude questions about, commentary on, or criticism for the exercise of that right," wrote Circuit Judge Adalberto Jordan in one of two majority opinions covering 90 pages. "There is no actual conflict between the First Amendment rights of doctors and medical professionals and the Second Amendment rights of patients."

Circuit Judge William Pryor, who was a finalist in President Donald Trump's search for a Supreme Court nominee, said in a separate concurring opinion that the First Amendment must protect all points of view.

Clearly they no chit about insurance policies which penalize you for going to a Dr. out of your network.

"The promise of free speech is that even when one holds an unpopular point of view, the state cannot stifle it," he wrote. "The price Americans pay for this freedom is that the rule remains unchanged regardless of who is in the majority."

The law was passed in 2011 and signed by Republican Gov. Rick Scott with strong support from the National Rifle Association. It was the only one of its kind in the nation, although similar laws have been considered in other states.

Supporters in the Republican-controlled Florida Legislature insisted it was necessary because doctors were overstepping their bounds and pushing an anti-gun, anti-Second Amendment agenda.

The law was challenged almost immediately by thousands of physicians, medical organizations and other groups such as the American Civil Liberties Union as a violation of free speech in what became known as the "Docs v. Glocks" case. A legal battle has raged in the courts since then, with several conflicting opinions issued.

"We are thrilled that the court has finally put to bed the nonsensical and dangerous idea that a doctor speaking with a patient about gun safety somehow threatens the right to own a gun," said Howard Simon, executive director of the ACLU of Florida.

The 11th Circuit noted that Florida lawmakers appeared to base the law on "six anecdotes" about physicians' discussions of guns in their examination rooms and little other concrete evidence that there is an actual problem. And doctors who violated the law could face professional discipline, a fine or possibly loss of their medical licenses.

"There was no evidence whatsoever before the Florida Legislature that any doctors or medical professionals have taken away patients' firearms or otherwise infringed on patients' Second Amendment rights," Jordan wrote for the court.

The NRA and Florida attorneys had argued that under the law doctors could ask about firearms if the questions were relevant to a patient's health or safety, or someone else's safety, and that the law was aimed at eliminating harassment of gun owners. But the 11th Circuit said there was no evidence of harassment or improper disclosure of gun ownership in health records, as law supporters also claimed.

"There is nothing in the record suggesting that patients who are bothered or offended by such questions are psychologically unable to choose another medical provider, just as they are permitted to do if their doctor asks too many questions about private matters like sexual activity, alcohol consumption, or drug use," the court ruled.

The ruling did determine that some parts of the law could remain on the books, such as provisions allowing patients to decline to answer questions about guns and prohibiting health insurance companies from denying coverage or increasing premiums for people who lawfully own guns.

The case will return to U.S. District Judge Marcia Cooke in Miami for a ruling that follows the 11th Circuit's direction. The case could, however, also be appealed to the U.S. Supreme Court.

Clearly they no chit about insurance policies which penalize you for going to a Dr. out of your network. Many folks might not have that choice. I'd ask the Dr. office to send any questionnaire the Dr. might have for me before the visit. Firearms have nothing to do with health issues.

Brutus Out

 

[Koda]

Coward!

anymore these days I sometimes wonder why I even say stuff on this forum. I know your joking with me by the way...

I just mean that nowadays its got to the point where yes, your better off lying about your gun political views. Not just at the doctor....

 

[Joe13]

Gotta teach the kids to lie is what it amounts too.

Although, it is very awkward to go in as a 6'1" male escorting your 5'6" girl (first girl friend - now wife) for a severe bruise (black eye) she got while playing racquet ball (she bruises very easily) and a few other incidents and have them separate you and both be questioned about "What happened to cause that bruise?".

First time it happened I had no idea I was being questioned to see if I had hit her.... it explained all the dirty looks I was being given by the nurses the whole time though.


Domestic abuse is way not cool from either gender so I'm not saying it is unwarranted but man it made me feel like an arshole for taking my girl to the ER to be checked out, out of concern.

anymore these days I sometimes wonder why I even say stuff on this forum. I know your joking with me by the way...

I just mean that nowadays its got to the point where yes, your better off lying about your gun political views. Not just at the doctor....

If you live up here that's dang near the case...

I avoid all political talk or gun talk unless I'm hunting or at the range - seems to be my only two 'safe places'.

 

[RatherDashing]

I'll play devil's advocate here with a specific scenario that most of you have been in where it is ok for the doc to ask about guns. I've got kids (as do most of you), and my pediatrician is worth her weight in gold several times over. When the kids were young, some of the questions she asked were if all chemical cleaners were locked away, if there were gates on the stairs, and if all firearms were locked up. Perfectly fine and health related to ask this question as it pertains to child safety.

 

[Camelfilter]

I'll play devil's advocate here with a specific scenario that most of you have been in where it is ok for the doc to ask about guns. I've got kids (as do most of you), and my pediatrician is worth her weight in gold several times over. When the kids were young, some of the questions she asked were if all chemical cleaners were locked away, if there were gates on the stairs, and if all firearms were locked up. Perfectly fine and health related to ask this question as it pertains to child safety.

& what exactly would the response have been if you said no to all of those questions because you parent like your parents did?

 

[Koda]

I'll play devil's advocate here with a specific scenario that most of you have been in where it is ok for the doc to ask about guns. I've got kids (as do most of you), and my pediatrician is worth her weight in gold several times over. When the kids were young, some of the questions she asked were if all chemical cleaners were locked away, if there were gates on the stairs, and if all firearms were locked up. Perfectly fine and health related to ask this question as it pertains to child safety.

I thought you were there for the child's health?

 

[Caveman Jim]

Doctor "do you have any guns or firearms in the home?"

Me: (with a shocked look on my face) "OMG no I would never endanger my family that way they need to outlaw those things"

I could never, even jokingly, ever say those words.....

 

[Caveman Jim]

With all the CRAP being pulled on Americans these days I'm so glad that my kids didn't go through school with smart phones, social media & Dr's overstepping their boundaries. They are in their early 30's so thankfully they were raised that they do have undeniable rights and exercise them regularly.

 

[bbbass]

I'll answer the docs questions about firearm... After I've shot myself in the leg. Umm hmmm.

 

[nammac]

ive been faced with this question, after being shocked and answering negative, I asked why....

I was told it's an insurance requirement... Wish my insurance company was as invasive with paying for services as they are about what goes on in my home...

 

[Spot]

I would just ask the doctor what certifications and/or training they have received to offer me medical advice on the subject of guns, gun handling, and gun storage.

 

[oknow]

Dr

Prolly not a good idea to be wearin my COLT hat when I walk in!

What is wrong with a beer hat

 

[mjbskwim]

this is an old debate, but still relative. The doctors arent the only ones asking the question, if the provider puts it on the form and you lie, they can cancel your plan. You can ...then have no choice (legally) but to go on Obamacare, but rest assured they ask there too and now your lying to the federal govt or putting your guns on yet another registration list.

Who says you have to go on obumercare?

 

[Koda]

Who says you have to go on obumercare?

Federal law.... you pay a fine if you dont. You dont have a choice because they will take it out of your federal tax return. The issue is compounded if you owe taxes..,

If you can afford the fine, you dont have to use it....

 

[Mister Bisley]

What a farce.

Doc: "Do you have guns?"

Me: "Yup two"...as I rip off my shirt and flex Macho Man Randy Savage style. "You want two tickets to the gun show?"

 

[WasrNwarpaint]

so much for doctor patient confidentiality... since they broke our sacred trust first!

& since my money pays my doctor bills, I will lie to my doctors when it suits me ....they work for me ....I dont work for them.

 

[WasrNwarpaint]

I'll play devil's advocate here with a specific scenario that most of you have been in where it is ok for the doc to ask about guns. I've got kids (as do most of you), and my pediatrician is worth her weight in gold several times over. When the kids were young, some of the questions she asked were if all chemical cleaners were locked away, if there were gates on the stairs, and if all firearms were locked up. Perfectly fine and health related to ask this question as it pertains to child safety.

then dont be so half assssed about checking the children's safety, better get driver tests each time you visit your doctor for safetys sake, better take a reality test to check if mom has become delusional this week over the drugs same doctor has miss prescribed, has the baby sitter been properly vetted?, are you living in a neighborhood where there are registered pedophiles? if so how irresponsible a parent can you possibly be? has anyone looked into the family history for pedophiles?
HOW MANY PEOPLE HAS YOUR DOCTOR BEEN RESPONSIBLE FOR INCORRECT DIAGNOSIS THAT RESULTED IN PERSONAL INJURY?
why is it in Oregon your 15yr old child that cant legally go to a tanning booth but can get a sex change operation in oregon without parental permission and the state will pay for it ....still think the medical institution cares about you....or is it your money?

we can go on and on over the number of questions that the morally superior can find to invade our rights

 

[oknow]

What a farce.

Doc: "Do you have guns?"

Me: "Yup two"...as I rip off my shirt and flex Macho Man Randy Savage style. "You want two tickets to the gun show?"

Just wonder what the dr. would say if I showed him my cap guns?

 

[oknow]

Not me, I'm stuck with the one VA assigned me. Of course, they quit <2yrs but the questions would be the same.

I've been there a couple times and they never asked about guns so it sounds like you got stuck with an anti.
sorry to hear that, it sucks