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Court: Doctors Have no Right to Interrogate Patients about Guns
Ammoland ^ | 23 December, 2015 | Dean Weingarten

Posted on 12/23/2015 7:51:45 AM PST by marktwain

DoctorBigBrother

The 11th Circuit has struck a resounding blow against the medicalization of gun control and in favor of the Second Amendment.

As criminological research has shown that infringements on Second Amendment rights either increase violent crime and murder rates, or have no effect, those that push for a disarmed public got creative in finding a way to justify their desire.  They settled on the medicalization of guns, or as they say, framing the debate as a public health concern.   The purpose is simple.  Define "gun violence" as a disease, and guns become something that the government can regulate without worrying about the pesky Second Amendment.  One of the first and favorite means of expanding power to the federal government has been to claim that regulation was needed for public health concerns, such as mandatory vaccination.

Mandatory vaccination violates fourth and fifth amendment protections in the name of public health.  Those violations have been supported by Supreme Court decisions.  You can be locked up without committing a crime.  Your property can be confiscated and destroyed without due process.  Your freedom of movement can be abolished.  Your physical person can be violated.   Apply that logic to the Second Amendment and the elimination of an armed population becomes an exercise in public health.  It is easy to see the attraction for dedicated disarmists.

Consider the ability of the government to apply quarantines, road blocks, warrant-less searches, and internment of infected people.  Now apply those to contain the "virus" of guns, that are said to spread "gun violence".

One of the attractions of this method was the ability to create a database of gun owners via their medical records. 

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Florida
KEYWORDS: banglist; blogpimp; doctors; fl; secondamendment
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This is a big deal. The Court ruled that protecting the Second Amendment is a "compelling interest" of the government; that gun owners have a privacy right about gun ownership status; and that Doctors who tell patients that ownership of guns is a health risk are chilling Second Amendment rights.
1 posted on 12/23/2015 7:51:45 AM PST by marktwain
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To: marktwain

And overall, this is a major danger of Obamacare and government control of healthcare.

Virtually everything we do, from the food we eat, to the car we drive, to the clothes we wear, to the type of housing we live in, can somehow be said to affect health care.

And when everything affects healthcare, and healthcare is controlled by the government, then there you have it. Government ends up sticking its nose into many areas where it doesn’t belong.


2 posted on 12/23/2015 7:54:33 AM PST by Dilbert San Diego
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To: marktwain

Doctors should ask about the knife sticking out of your back thanks to the Government


3 posted on 12/23/2015 7:55:21 AM PST by butlerweave
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To: marktwain

I would not continue going to a doctor who asked me if I owned guns.

Now, if he wants to compare my “arnesal” with his, that might be fun. We might even make some trades.


4 posted on 12/23/2015 7:56:00 AM PST by basil ( God bless the USA! AMEN!)
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To: marktwain

I guess it would be like asking if you use your 1st amendment at home and with friends. It is none of their damn business.


5 posted on 12/23/2015 7:59:37 AM PST by US_MilitaryRules (The last suit you wear has no pockets!)
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To: basil

I’m pretty sure my doc has more guns than I do... we talk more politics than my issue when I go to see her!


6 posted on 12/23/2015 8:09:32 AM PST by gibsosa
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To: marktwain

doctors have NO right to interrogate patients about guns.


7 posted on 12/23/2015 8:15:13 AM PST by Twinkie (Kneel at the cross, Jesus (Yeshua) will meet you there.)
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To: marktwain

I always post this warning on these articles, and will do so again. There are 3 possible answers when asked by a doctor about guns:

1) Nope, no guns in our house
2) Yes, but we take care to keep them safely locked up
3) NONE OF YOUR DAMN BUSINESS

Number 3 is what they’re looking for and it wouldn’t surprise me if that got you in some kind of ‘nut-case’ database, along with proving that you do own guns (as far as they’re concerned).


8 posted on 12/23/2015 8:15:46 AM PST by BobL (Who cares? He's going to build a wall and stop this invasion.)
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To: marktwain

I went to the doctor Monday. I was handed a questionnaire produced by the state of California. Do I have access to a gun in the place where I live was one of the questions. I wadded it up into a ball and stuffed it in my purse. No one questioned me about the form. Fine. The other questions were just as jaw-dropping invasive.


9 posted on 12/23/2015 8:16:04 AM PST by Excellence (Marine mom since April 11, 2014)
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To: marktwain

When ever I see the doctor through my Obama care Doctor. I am handed a questioner asking if there are guns in my house. I have refused to answer and then they gave me a sheet of paper asking for me to acknowledge my refusal to participate in there medical questioner. I refused to sign the refusal and the nurse went to get her supervisor. the supervisor tried to brow beat me into signing. I asked her if she wanted this to be a news worthy item. she dropped it. I still get the question when I go in but my refusal is not the big deal it was 2 years ago when they first tried to get me to participate.


10 posted on 12/23/2015 8:18:16 AM PST by PCPOET7
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To: marktwain

I have yet to understand (I know, I actually use my BRAIN. The Left...not so much) how a RIGHT, that shall NOT be infringed and that was expressly enumerated for the off-chance of AGAIN battling govt, can BE infringed....because of GOVT ‘compelling interest’.

So, govt, having a ‘compelling interest’ (not be opposed??), CAN infringe on the Rights of We the People should they need to oppose a tyrannical govt by force.

Makes sense to me...

Back to point, why people even bother...Are the People no longer able to say “next”, “has no bearing” or even lie and say “NO”??


11 posted on 12/23/2015 8:26:10 AM PST by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: basil

Do we get to grill the doctor and the facility/hospital?

When was the last time you were sued for malpractice? Conditions?
Outcome?
When was your last drink?
How many/much?
What type of drink(s) did you have?’
When was your last auto accident?
Who was at fault?


12 posted on 12/23/2015 8:29:15 AM PST by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: Twinkie
I am a veteran and get my medical care from the VA. I had a case of bad bronchitis last winter that wouldn't go away, so I finally went to the Urgent Care at the VA to get some antibiotics to kick it.

The very first question I was asked in the treatment room by the medical tech and nurse, was, "Do you own a gun?" I was somewhat taken aback, so I said, "Maybe you misunderstood my complaint when I presented myself to the clinic. I'm here because I have bronchitis and can't stop coughing. Why are you asking me if I own a gun?"

Their response was that they were required to under direction of the administration and didn't have a choice.

Knowing that these poor people were just doing their jobs and weren't responsible for the requirement to ask the question, I politely said it was none of their business.

Their next question was"What seems to be your problem today" and the remainder of the visit went as expected and soon I was on my way home with the requisite antibiotics.

I have never been asked the question again but If I had been, I would answered the same way. If I own a gun, it is nobody's business but my own.

13 posted on 12/23/2015 8:29:18 AM PST by HotHunt
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To: BobL

You could always steal a line from Trump and say “You’re Fired!”


14 posted on 12/23/2015 8:35:11 AM PST by Theophilus (Be as prolific as you are pro-life.)
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To: marktwain

Wait, who the heck is the 11th Circuit? I thought there were nine total.


15 posted on 12/23/2015 8:41:34 AM PST by Still Thinking (Freedom is NOT a loophole!)
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To: BobL

Any question on any form for anything that I deem as not pertinent to the reason for the form gets a NA (not applicable) next to it. I’ve always done that.


16 posted on 12/23/2015 8:46:23 AM PST by sheana
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To: BobL

>> There are 3 possible answers when asked by a doctor about guns:

Stuff and nonsense.

There are many more than three possible answers. Here are two more.

1)
[i.e. just leave that blank blank. Or if the exam is oral, smile and don’t answer. Don’t say “I refuse to answer”; just smile and say nothing until he moves on.]

2) “Help me understand why this question is part of my medical history?”


17 posted on 12/23/2015 8:47:55 AM PST by Nervous Tick (There is no "allah" but satan, and mohammed was his demon-possessed tool.)
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To: Still Thinking

The U.S. has 11 Circuit Courts (Appeals) plus the DC Circuit and the Federal Circuit. These are the 13 Federal Appeals Courts.


18 posted on 12/23/2015 8:51:04 AM PST by chopperman
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To: chopperman

Thanks. For some reason, I thought there were only nine.


19 posted on 12/23/2015 8:56:11 AM PST by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking


Because we deal with federal court decisions with some regularity, I am posting this map of the areas under jurisdiction of the eleven federal district courts of Appeal.

Many have suggested that the 9th Circuit needs to be split.  It is by far the largest circuit, and the most reversed.

20 posted on 12/23/2015 8:56:48 AM PST by marktwain
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