Florida Will Appeal ‘Docs Vs. Glocks’ Ruling

July 31, 2012

Gov. Rick Scott announced Monday that the state will appeal a ruling barring the state from enforcing the “docs vs. glocks” law, continuing the court battle over the line between patients’ rights under the Second Amendment and doctors’ rights under the First.

“This law was carefully crafted to respect the First Amendment while ensuring a patient’s constitutional right to own or possess a firearm without discrimination,” Scott said in a brief statement released by his office. “I signed this legislation into law because I believe it is constitutional and I will continue to defend it.”

The appeal challenges a federal court’s ruling blocking enforcement of provisions of the law that would restrict doctors and other medical providers from asking questions about gun ownership during medical visits.

U.S. District Court Judge Marcia Cooke ruled earlier this month that the 2011 law, known formally as the Firearm Owners’ Privacy Act, was built largely on anecdotal evidence and that lawmakers couldn’t prove that Second Amendment rights would be jeopardized or that patients with guns might face discrimination.

“The state’s arguments rest on a legislative illusion,” Cooke wrote.

Backed by the National Rifle Association and the United Sportsmen of Florida, the bill (HB 155) was approved by lawmakers and signed by the Gov. Rick Scott in 2011. The bill easily passed both chambers along largely party line votes of 88-30 in the House and 27-10 in the Senate.

Supporters argued that doctors might refuse to treat patients who had guns in their homes or that patients who declined to answer the question might be turned away. They also raised the possibility that patients’ privacy rights might be violated if their gun ownership were listed in medical records.

But doctors countered that knowing what is in a patient’s home – particularly a child’s – gives them an opportunity to advise their patients on how to stay safe.

Dr. Bernd Wollschlaeger, one of the plaintiffs in the lawsuit, said he was confident that the 11th Circuit Court of Appeals would uphold Cooke’s ruling.

“We are disappointed that precious tax dollars are being wasted for an appeal that is unnecessary,” Wollschlaeger said.

By The News Service of Florida

Comments

26 Responses to “Florida Will Appeal ‘Docs Vs. Glocks’ Ruling”

  1. Kathy on August 1st, 2012 4:53 pm

    Oh how scarey, insurance companies have your info right now and pass it along to other businesses, but that is okay but government? SO what? IRS will not get your medical record you, see this is all crazy crap you pass along like it is God’s word. Then you all repeat it like it is the truth. Its called GOSSIP!!

  2. Jimmy Carter on August 1st, 2012 1:36 pm

    Anyone who thinks that your medical information is private is woefully uninformed. As was suggested, read all of the provisions on the numerous documents you are asked to sign or initial. You routinely sign access to your medical information to insurance, other doctors, hospitals, police, and any third party that the original document deems is appropiate. The only way that this information is actually private is if you request in writing which specific agency you do not wish to share this information with. Even then in the disclosure statement a standard clause is written “we will take your request into consideration but can not gaureentee that the information will be withheld”. And yes Obamacare will make the dissemination of everyones medical records mandatory to more govt. agencies then ever before. Even the IRS will be involved in your medical care. Look it up and make your own decision. And remember, whatever goes into your medical record is permanent. Even if you say “None of your business” you may be listed as a non-compliant patient, which anyone who is familiar with health care knows is grounds for any doctor to choose to withhold services.

  3. RJay on August 1st, 2012 12:21 pm

    “But doctors countered that knowing what is in a patient’s home – particularly a child’s – gives them an opportunity to advise their patients on how to stay safe.”

    Why would a Doctor need to advise me how to stay safe if I chose to have firearms in my home? Doctors are NOT firearms experts. Their argument in support of this legislation is absurd.

  4. Bob hudson on August 1st, 2012 12:04 pm

    Yes,the small arms treaty was shot down last week. The U.N. would not change the language in the treaty that brought concern for OUR 2nd amendment rights and just how they would be REGULATED. Yea for us, I would not trust the U.N to regulate any thing . So what gets me is, why are they not asking about knives? I guess knives do not kill any one. Nope, this is not about our safety, It is plain and simple to find out who owns what. And it is under the pretense that they are concerned for our safety. That is what makes me so mad. Yes we are gun owners, but we are not stupid paranoid gun owners. You can read ever day about what the far left thinks about gun ownership. You can google or bing at any time and find out what medical groups favor gun control.And no Kathy , the boogie man does not want to take my or our guns, but the left wing liberals sure would like to. You NEVER negotiate with any one , whose ultimate goal is to disarm you

  5. NWFLA Linda on August 1st, 2012 11:14 am

    Some folks are justifying this line of questioning by saying it’s just ensuring a safe environment for kids. How many kids start fires/die because of matches/lighters left where they can get their hands on them? How many lock themselves in old refrigerators and suffocate? How many parents forget their baby is in the back seat and leave them in a hot car for a few hours to have them die of heat stroke? How many kids run behind a car as it’s backing out of driveway and get killed? How many ride on a lawnmower with their mom or dad and get chopped up? How many hang themselves on venetian blind cords? How many access the liquor supply or liquid hand sanitizer or medications or drain cleaner, injest it and get sick or die? Do doctors ask questions about all of these activities/objects in or around the patient’s home? If not, why focus on guns? If they are asking all those questions, there’s no time left during the appointment to discuss whatever was ailing the patient to begin with! Don’t be blinded by the “bone” thrown by the alleged caring/compassionate and verifiably predictable and controlling liberals. It is not paranoid to understand medical records are no longer just medical records when they will be overseen by IRS agents and other government personnel. Gun control advocates will have a ready made resource to determine who owns what by tapping into the info provided via an innocent doctor visit.

  6. Bob hudson on August 1st, 2012 11:09 am

    Yes in fact insurance companies are starting to ask if you have guns in your home. I know of one right now. I have already called the NRA and let them know , so they go on a list of non-friendly to gun owners in the state of Fla.Can’t do to much about that ,but it is a start.

  7. jcellops on August 1st, 2012 9:43 am

    in additon to some of the other concerns expressed here, your insurance company is privy to your medical records- do you suppose that gun ownership would be a factor on your future health care coverage or its cost? …it would not surprise me one little bit.- i didnt not see it mentioned on NORTHESCAMBIA.COM, but…the UN GUN TREATY that was voted on last week, in new york, DID NOT PASS…..(dont think that gun-control proponents are giving up though)

  8. Bob hudson on August 1st, 2012 9:19 am

    Never trust a anti-gun person, they lie. and their gun control efforts prove that. Second, guess the Doctors will now have to be taught gun use and gun safety so that they will know what they are talking about right, only makes sense. Saddle up O yea doctors who wish to ask this question . Time to go to shooting school and a hunters safety course.

  9. Kathy on August 1st, 2012 6:43 am

    If you are not ashamed to own a gun, you shouldn’t be ashamed to tell your Dr. or your child’s dr.. Whats with you folks, so paranoid, fearful and mistrusting, some boogie man gonna take your guns or what? Oh that’s right the repubs teach you to be paranoid and suspicious of everyone. My right, My rights.

  10. smokey on July 31st, 2012 10:09 pm

    He shouldn’t have a reason to ask. I’ve never had one ask ,but if he did I would simply say “I don’t own any doc , why do you ask ?” And I would really love to hear the answer.

  11. huh on July 31st, 2012 8:53 pm

    “But doctors countered that knowing what is in a patient’s home – particularly a child’s – gives them an opportunity to advise their patients on how to stay safe.”

    I see no problem with this, if you are on a lot of mental meds you probably shouldn’t have guns in the house around children.

  12. Bob hudson on July 31st, 2012 6:56 pm

    Rufus , you need to read the fine print in your medical files, and see who they can be shared with. It’s the fine print at the bottom, after you have told them what they wish to know.

  13. Rufus Lowgun on July 31st, 2012 4:59 pm

    One, medical records are privileged, just like attorney-client communications. Two, how much more of our dollars is Rick Scott going to waste appealing the overturning of his edicts and filing lawsuits? Enough already.

  14. PensacolaEd on July 31st, 2012 4:22 pm

    The big problem is that we now have Odumba-Care, and medical records, including possibly the answer to the question of whether you own a gun, will now become a permanent part of the medical record kept by the Government for at least 20 years. To most Gun owners, this is a back-door form of gun registration, which is always the first step towards attempted disarmment. We just don’t want to step onto that slippery slope.

    I agree, you can just refuse to answer, and the Doctor can refuse to treat you, this law is designed to eliminate both possibilities.

  15. JIM W on July 31st, 2012 3:10 pm

    The doctors need to stay with doctoring people not trying to implement gun control. This is not a doctor problem nor a particular political party problem. This is a constitutional problem and make no mistake about it there are plenty of people who want to take your constitional rights away from you. Our forefathers had the intellegence to write a doucument that described how an American citizen was to be treated and saw to it that it became law. From freedom of speech and expression to the right to bear arms. And, ever since then people have tried to erode our constitional rights. If your not careful one day you make wake up to a country which is a dictatorship and you have no rights. I say let the doctors be doctors and stay out of the gun business. They are already over worked and have enough to do as it is.
    Just saying careful what you wish for for it could happen and then you would be hard pressed to reverse it.

  16. David Huie Green on July 31st, 2012 3:07 pm

    It doesn’t matter if the doctor does or does not have a valid reason to ask any question. You don’t have to answer honestly or you can tell him it is none of his business. He should be able to refuse treatment if he wished, but that is still between the two of you.

    The government has no business silencing him.

    Our legislators should not try to silence people. Once they get started, where will they stop?

    Our governor should not be trying to silence people. Just because silence worked out in his favor doesn’t mean others have to be silent too.

    David for first and second amendment rights
    and third, fourth, fifth, – - -

  17. Sergeant Major on July 31st, 2012 9:52 am

    This is more about compiling lists of where the guns are then it is about safety. Our health records are now government property and it may be useful for the Gestapo once the Dictatorship is secured.

  18. Bob hudson on July 31st, 2012 9:45 am

    Well of course it is none of his business, he has not been trained in fire arms as I do not think he is required to be. And yes it is just another way to track fire arms. It becomes part of your medical record, which it shared with who ever they see fit. Why not just ask (Are you feeling suicidal today?) If you are going to kill your self there are so many ways to do it other than a gun, overdose , drown yourself, take your car out and take some one with you, hit a train, and the old stand by of cutting your wrist. Now where is the Question ( Do you own any knives ?) Yes to ask about guns and not any thing else is rather stupid.You go Scott, this is one reason we elected you, to keep government out of our personal lives . To much information. And it is no longer private.You have my vote.

  19. Tamela on July 31st, 2012 9:15 am

    I do not think a doctor has any reason to ask you if you have a gun. It states in the article that it gives them an opportunity to advise their patients on how to stay safe, since when do doctors take firearm training. They are trained to treat you when you are sick not teach you about your firearm. To the person that said, “how do you know your kid hasn’t indicated a suicide thought or two during visits” if the child is under 18 the doctor is required to tell the parents and report it. If the person is over 18, they have to report it anytime someone is a threat to their self or others.

  20. Cantonment Mom on July 31st, 2012 8:59 am

    Okay, this debate started with pediatricians. The doctors that are more apt to ask the gun question are pediatricians. They are asking to make sure the guns are “child proof”. I as a parent and a gun owner have NO PROBLEM with my child’s pediatrician asking about the guns in my home. My child’s health and physical welfare are the doctor’s concern.
    BUT, if I had a problem with answering a doctor’s gun questions, I would just not answer them, and I would …..gasp….find another doctor. Good grief people, where does it say that anyone is obligated to answer any question asked of them by anyone! And yes, #Back Door you “Can we ask the doctor if he has Aids before he treats us? “ It is just as must in the doctor’s right not to answer that question as it is your right to ask it. Grow up people! What a silly argument!

  21. Kathy on July 31st, 2012 8:29 am

    People can’t read very well when they assume their guns are being taken off of them. Secondly, how do you know your kid hasn’t indicated a suicide thought or two during visits. FEAR is one big motivator but you your chewing on the bone Scott threw just like the repubs think you will. SO PREDICTABLE.

  22. Back Door on July 31st, 2012 8:12 am

    It’s just another way of trying to take your rights away. Give them a inch and they will keep wanting more. Can we ask the doctor if he has Aids before he treats us? Take a look at the TV in the morning news and tell me you should give up your means of protecting your family. You can tell some on is far left, Just look around in the coffee shop in the mornings . A liberal picks up the paper and goes to the comic section and the make believe world they live in.

  23. MIKE O. on July 31st, 2012 7:40 am

    I dont see what the relevance would be. I come to the doctor with the flu, what does it matter if I own a gun? I can assure I didnt get the flu from licking a pistol. I deffinitely would hate to think your answer depends on the service you recieve.

  24. BigR on July 31st, 2012 7:14 am

    I’m not against the law but how hard is it to say none of your business.There is no law says you have to answer.If the doctor doesn’t like it find you another.

  25. Kathy on July 31st, 2012 6:13 am

    Oh Okay, so republicans give you a bone to chew on and you think they are doing great things for you, so that’s it. Then they take the money and run. So while you are focused on the bone like a dog, they grab the expensive stuff and run. Gothca now I know why you vote republican. So if Scott acts like this is all out important, you will think he is great and vote for him and you will owe him. I guess po folk like them bones a lot.

  26. bin on July 31st, 2012 4:15 am

    never heard of this.





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