Posted on 02/28/2017 5:52:26 PM PST by marktwain
The 11th Circuit has released their en banc ruling on Wollschlaeger v. Florida. They partly reversed the three judge panels ruling on whether doctors have the right to interrogate patients on gun ownership, and record the answers in medical records, outside of reasons concerning individual patient care. The three judge panel had asserted that the state had a compelling interest in protecting Second Amendment rights, and could regulate licensed doctors to do so. The legislation in question is the Firearms Owners’ Privacy Act (FOPA).
The 11Circuit asserted that doctors were merely private actors. As private actors, they have not legal authority to take away patients firearms. From uscourts.gov:
The first problem is that 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. This evidentiary void is not surprising because doctors and medical professionals, as private actors, do not have any authority (legal or otherwise) to restrict the ownership or possession of firearms by patients (or by anyone else for that matter). The Second Amendment right to own and possess firearms does not preclude questions about, commentary on, or criticism for the exercise of that right.
The new ruling also stated that fears that electronic databases that contained private firearms information could be misused and subject to hacking were merely “hypothetical” and therefore not usable to support the FOPA legislation.
The state officials rely in part on the panel’s assertion that the challenged FOPA provisions are constitutional because there is a danger that information electronically stored by doctors and medical professionals about firearm ownership might be subject to hacking, theft, or some other intrusion. See Wollschlaeger IV, 814 F.3d
(Excerpt) Read more at ammoland.com ...
At least they upheld the patient's right to refuse to answer the questions about guns.
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My regular doctor brought this up ONCE a few years ago, my response was: Do you still hang out at the park on the weekends filming little boys?
The subject never came up again
These crazy courts are out of control.
Gun ownership is not a medical condition.
They partly reversed the three judge panels ruling on whether doctors have the right to interrogate patients on gun ownership, and record the answers in medical records...
That isn’t the issue
The problem is Doctors are, by extension, government thugs, intimidating someone who is there for a medical reason.
They are, by law, required to ask the question and cannot act as a private citizen and simply not.
I was asked that question 2 months in the E.R.
“Do you have any guns in the home?”
“Not as far as you know...”
I was asked that question 2 months ago in the E.R.
“Do you have any guns in the home?”
“Not as far as you know...”
(fixed)
That was one of my points.
They are no longer private actors. In many ways they are government agents.
Yup, extensions of big brother. Just like banks are. And hotels - cant book rooms without credit cards.
“Are you aware of an ongoing burglary at my compound?”
My doctor had that on his questionnaire at one point.
I don’t recall seeing it recently.
I just lied about it.
Good answer, I don’t have a gun, either ;)
Wait. She doing your Anal exam and didn’t find it?
LOL
If in fact you had a piece of Naval artilery in your home I would be much surprized.
You answered truthfully.
Mine asked. I told him that I pay him for quality medical advice and care. That his asking political questions made me question that.
In this day and age every minute of a doctor’s care is valuable. By asking stupid questions, he is shorting my medical care. I let him know that I didn’t appreciate it and thought he needed to pay more attention to medicine.
They don’t want you to CCW in their offices either. Afraid you will use it on some of the crappy Malpractice ones.
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