Doctors No Longer Allowed To Interrogate Patients About Their Guns After ‘Docs Vs Glocks’ Win

The case popularly referred to as “Docs vs. Glocks” has been officially closed after a federal court rejected a request for rehearing last Tuesday.

An injunction was filed against the Florida law that prohibited doctors from interrogating patients about their firearms. The case was sent to the U.S. Court of Appeals for the Eleventh Circuit in Atlanta, who found “the Act is a valid regulation of professional conduct that has only incidental effect on physicians’ free speech.”

But a group of physician lobby organizations represented by the Brady Center to Prevent Gun Violence was unsettled that they could no longer cross-examine patients about how they exercised their Second Amendment. The doctors banded together the Circuit to review the case again.

The courts said, “no,” raising the point that doctors can still question patients about firearms, but only when it is appropriate, thereby safeguarding their First Amendment rights.

“The Act codifies the commonsense conclusion that good medical care does not require inquiry or record-keeping regarding firearms when unnecessary to a patient’s care – especially not when that inquiry or record-keeping constitutes such a substantial intrusion upon patient privacy,” wrote Circuit Judge Gerald Tjoflat.

However, Circuit Judge Charles Wilson disagreed with the majority decision, arguing that the prohibitive law is a breech of free speech.

“This law is not designed to protect Second Amendment rights because doctors have no authority – and have not used their private positions of power – to compel firearms owners to relinquish their weapons,” wrote Wilson. “This law is instead designed to stop a perceived political agenda, and it is difficult to conceive of any law designed for that purpose that could withstand Frist Amendment scrutiny.”

Marion Hammer, president of the Unified Sportsmen of Florida and past president of the National Rifle Association, summed it up nicely by noting that we go to the doctor’s office for medical treatment, not to be interrogated about guns.

“We take our children to pediatricians for medical care, not moral judgment, or privacy intrusions – we got to address medical needs, not to be interrogated about gun ownership,” Hammer told Guns.com. “The legislation is about helping families who are complaining about being questioned about gun ownership and the growing anti-gun political agenda being carried out in examination rooms by doctors and medical staffs.”

(This article was a submission from freelance writer Brent Rogers)

{ 6 comments… add one }
  • Andrew N. August 10, 2015, 6:57 pm

    Luckily my Doc is a fellow shooter. If I was in Florida, and was asked about my guns, I would tell the Doc it is only his business if I am pointing it at him or shoving it up his ass. I would then find a better doctor who cares more about doing his job than taking away my Rights.

  • JesseJames August 10, 2015, 12:51 pm

    “This law is not designed to protect Second Amendment rights because doctors have no authority – and have not used their private positions of power – to compel firearms owners to relinquish their weapons,” wrote Wilson. “This law is instead designed to stop a perceived political agenda, and it is difficult to conceive of any law designed for that purpose that could withstand Frist Amendment scrutiny.”
    Sounds like a fancy play on words or either just plain BS. I doubt this judge even owns a single firearm much less which end the “pointy things” come out of.

  • q23ew August 10, 2015, 12:46 pm

    Look guys, I am a medical doctor and I know how this is. Most docs have had > 20 years of “education,” of which 50%+ was government indoctrination. That’s why most docs are anti-gun. Not me. I am an American and Southern, by the grace of God!

    Don’t believe me? just consider the word “government.”

    Government = Govern + Ment.

    Govern = Control, what do you suppose the origin of Ment is?

    how about mental? mentation? Mensa? Mens rea … ment = MIND.

    So as soon as government speaks, you can rest assured, they are trying to control your mind; and as soon as they tell the truth, you can be sure that they have just stopped functioning as government. In other words what is government is by definition rooted in deception.

  • DWard August 10, 2015, 12:28 pm

    My response to any doctor who asked about my rights would be “NONE OF YOUR BUSINESS”. Then I would immediately get a new doctor.

  • kane August 10, 2015, 11:40 am

    Meanwhile the medical and pharmaceutical industry goes unquestioned on the deluge psychotropic drugs prescribed by doctors. I do not trust either industry with the most basic ethical issue and will not comment on any intrusive questioning by a doctor.

    • Common Sense, Please August 11, 2015, 12:36 am

      Exactly.

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