2nd Amendment, Big Government, Gun Control, Issues

Federal court rules doctors can spy on gun owners. You won’t believe who ruled with them.

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Photo: Randall Goya/Flickr (cc by-sa 2.0)

Photo: Randall Goya/Flickr (cc by-sa 2.0)

The 11th U.S. Circuit Court of Appeals court has struck down a Florida law banning doctors from asking patients to disclose whether they are gun owners:

The court felt the Firearm Owners’ Privacy Act, signed into law by Republican Gov. Rick Scott in 2011 after passage by the state legislature, placed health care providers at a dangerous crossroads that in the end had a chilling effect on how they could talk to their patients.

“Doctors can choose silence and self-censorship, thereby shouldering the burden of knowing they could have said more, counseled more, and warned more before a tragic accident,” says Judge Stanley Marcus in one of two majority opinions. “Or they may proceed with their speech and potentially face punishment according to the arbitrary whims of annoyed patients or a Board of Medicine that is wholly unrestrained by clear statutory guidelines.”

With only one judge, Gerald B. Tjoflat, appointed to the bench by President Nixon, dissenting with the majority, the only aspect of Florida’s law that remained intact was the tenet that doctors cannot specifically discriminate against or drop patients due to their feelings on gun rights.

The dismantling of this law means that gun owners could find themselves secretly placed on the National Instant Check System gun ban list if they have an anti-gun doctor willing to claim they are a threat.

Making matters worse, one of the judges who overturned the Firearms Owners Protection Act is William Pryor, one of Donald Trump’s top two choices for the Supreme Court and the most likely nominee should another seat open. Pryor wrote separately in the ruling:

“Florida can protect its citizens from discrimination on the basis of their exercise of their right to bear arms,” says Pryor. “But the profound importance of the Second Amendment does not give the government license to violate the right to free speech under the First Amendment.”

Threatening Americans’ gun rights has effectively ousted politicians from office time and time again. Could this ruling destroy Pryor’s chances for a Supreme Court seat?

  • Frank W Brown

    A SMART patient will not answer ANY gun related questions from their doctor if the doctor is STUPID enough to even GO THERE!

    • Deb Bennison-Supers

      None of our doctors or the intact nurses, ever ask us that question.

      • MikeS

        And well they shouldn’t

    • Kevin

      A friend of mine recently had the experience of his doctor asking him whether he had any firearms. This was totally unexpected and he basically told the doctor to go to hell. My friend was a Vietnam army sniper and does have quite a few firearms – gee, what a surprise! But, its NOT any of his doctor’s business!

      • Frank W Brown

        Hope he didn’t piss the doctor off, cause now they can put you on the no buy list by the doctor declaring a MENTAL PROBLEM, and recourse is sketchy at best!

  • Frank W Brown

    Hey Florida, be SURE to appeal this to the sUPREME court!

  • Irvan

    Pryor has just set himself up for not only being bypassed for Supreme Court nominations, but, possibly being removed from his present post.

    • MikeS

      I hope so.

  • Ima Barber

    Here in Louisiana I would guess that 99 out of 100 adults own a gun. We grow up hunting I live. When I was kid from Jr. High on, Everybody would bring their new guns to school after Christmas to show off what new firearm we got. Usually though we got them early, like the beginning of deer season.

  • jerry1944

    So what happen to the doctors oath of confidents in what you might have as for as medical problems And as for as my weapons they will never know about unless we hunt togeather

    • ARJAY

      And I don’t hunt!!

  • pappy450

    I carry a card that says “Message to Doctor and/or representative The Information you are asking me to provide has no bearing on the condition of my health and is NONE of the government’s business. The government has NO RIGHT to promise you HIGHER payouts in exchange for my personal information”….. AND I have used it much to the dismay of the people I handed it to.

    • ARJAY

      I think I’ll borrow this idea!!

      Great response to a doctor or attorney who is SUPPOSED to have CONFIDENTIALITY between PATIENT & DOCTOR!!

      • pappy450

        Go for it..The more the merrier. I printed these cards out (on business card stock) on my computer. I ALWAYS have one in my wallet.

  • MikeS

    I hope it destroys his chances. This shows a lack of respect for the Constitution and violates individual free speech. It gives doctors protection in an area where they should be protecting the patient instead.

  • disqus_xLn56CDAGb

    1. Don’t tell doctors DYCK besides how you feel physically. Anything beyond that is none of anyone’s business.
    2. If a doctor claims I’m a threat, I guess I’ll have to be one. You’d think that someone that was so concerned about people with guns would have bodyguards at their office, right? Ever seen one? Proves they don’t even believe their own BS. 
    3. If a doctor has the balls to call me a threat he’d better be concerned that he may be the one that’s threatened.
    Soooo tired of this nanny state BS. Oh, I forgot, phuque the government.

     

  • Dennis

    This sounds like the Nazis machine in preceding WWII. This is one of the ways they gain control of the people. Having people tell on people when the doctors have to follow an oath they swore to, not to the government. The government is trying to overreach again and these judges that make these unconstitutional judgements should be taken off the bench and stripped from the bar. I think they deserve so much flak on their overreaching of power. They do not have the right to make law. Only the House of Representatives has the right on Federal affairs.

  • Reverend Joe Ruyle

    I like to respond with either “You first!” when asked about guns…… or the ever popular “And that affects my health how exactly?” question in reply. None of their damn business.

  • It’s none of your business. That’s my answer to any questions about if I own fire arms.

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