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Courts hand down another pro-gun victory in ‘Docs vs Glocks’ case
guns.com ^ | 7/29/2015 | Chris Eger

Posted on 07/30/2015 10:45:12 AM PDT by rktman

A federal court Tuesday rejected a request for rehearing over Florida’s law prohibiting health care workers from asking about their patient’s firearms, lifting a long-standing injunction.

A Miami U.S. District Court in what became known popularly as the “Docs vs. Glocks” case blocked the Firearm Owners’ Privacy Act, signed into law by Gov. Rick Scott (R) after passage by the state legislature in 2011.

This sent the case to the U.S. Court of Appeals for the Eleventh Circuit in Atlanta, which last July handed down a 2-1 ruling reversing the lower court after finding, “the Act is a valid regulation of professional conduct that has only incidental effect on physicians’ speech.”

Not satisfied with the decision, a group of physician lobby organizations represented by the Brady Center to Prevent Gun Violence asked for en banc review by the full Circuit of the panel’s finding.

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


TOPICS: Constitution/Conservatism; Culture/Society; Government
KEYWORDS: 2a; banglist; guncontrol
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As if most of us had/have any intention of talking about anything that isn't relative to a medical condition.
1 posted on 07/30/2015 10:45:12 AM PDT by rktman
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To: rktman
When I take the kids to the pediatrician the nurse always asks whether they wear seat belts in the car, helmets when riding bikes, whether we have a trampoline and do we have firearms.

They don't care whether we have guns or not, they are just following the American Pediatric Assoc. guidelines of reinforcing the idea that they be locked up away from children.

I have no problem with that. It's an opportunity to tease the nurse. I recall one nurse telling me recently that many parents object to the question and adopt an attitude.

Better a house full of firearms than a single trampoline!

2 posted on 07/30/2015 10:57:10 AM PDT by billorites (freepo ergo sum)
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To: rktman

Do these people ever listen to themselves?!

“Wilson argued that the Florida law was not, as argued, about civil rights but about politics. He argued health care workers should be able to ask patients questions about their guns, and attempts to talk them out of firearm possession is free speech protected by the First Amendment.”

“Wilson wrote. “This law is instead designed to stop a perceived political agenda…”

So DOCTORS can push their left-wing anti-gun agenda, but it’s wrong for anyone else to have a political agenda.

Sheesh!

Any doctor who asks me about firearms is going to find themselves without a patient.


3 posted on 07/30/2015 10:59:34 AM PDT by Twotone (Truth is hate to those who hate truth.)
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To: billorites

The answer to every question you listed is none of your business.


4 posted on 07/30/2015 11:00:29 AM PDT by Resolute Conservative
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To: rktman

“I see you have a medical degree from xxx university, Doctor, but can you show me your NRA Firearms Instructor certification? No? Then you are not qualified to talk to me about gun safety.”


5 posted on 07/30/2015 11:03:31 AM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: rktman

I’d tell my doctor to read the entire Bill Of Rights...sometime after I’ve been treated.


6 posted on 07/30/2015 11:05:34 AM PDT by onedoug
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To: rktman

>>> relative to a medical (mental) condition

All in due time. That’s the next step in their agenda.


7 posted on 07/30/2015 11:05:48 AM PDT by Sir Napsalot (Pravda + Useful Idiots = CCCP; JournOList + Useful Idiots = DopeyChangey!)
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To: rktman
It's funny what people will or will not tell their health care provider.

When I was in graduate school I supported myself by doing crisis intervention services and performing emergency psychiatric assessments in the local ER's.

In taking a patient's history it is common to inquire about symptoms of depression and to assess any kind of stressors that may be present such as legal or financial problems.

It always struck me as odd that people would answer very frankly questions about their sex lives, but become defensive and guarded when questioned about finances.

I guess people expect their doctors to ask about sexual matters. I learned it was often best to leave questions about money and money problems to the end of the interview.

8 posted on 07/30/2015 11:06:00 AM PDT by billorites (freepo ergo sum)
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To: billorites
According to the CDC, your child is 100 times more likely to drown in a backyard pool than to be accidently killed by a firearm.

Does the American Pediatric Association ask if the parents have a pool?

9 posted on 07/30/2015 11:07:28 AM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: Resolute Conservative
"The answer to every question you listed is none of your business."

You might be better served finding a physician that you're more comfortable with.

10 posted on 07/30/2015 11:10:19 AM PDT by billorites (freepo ergo sum)
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To: rktman
As if most of us had/have any intention of talking about anything that isn't relative to a medical condition.

But it's nice not to have to tell the guy who's providing your medical care to f**k off.

11 posted on 07/30/2015 11:13:10 AM PDT by Starstruck (I'm usually sarcastic. Deal with it.)
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To: Yo-Yo

I’ll have to remember that one ;’)


12 posted on 07/30/2015 11:18:02 AM PDT by rockrr (Everything is different now...)
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To: rktman

Problem is, certain questions in certain contexts reasonably interpret “no comment” as “yes; patient exhibits hostility”.

This points to one under-discussed proper purpose of government: stopping institutionalized abuse of customers. Sometimes an industry which people deeply rely on normalizes bad behavior in such a way that it is difficult for businesses (yes, medicine is a business) to stop doing it. Sometimes it takes government kinda slapping proprietors upside the head saying “don’t do that!” Prime example is banks balancing books by processing debts, fining customers for insufficient funds, then processing credits - meaning a customer with a $50 account could deposit $100, then spend $75 on it, and get slapped with an insufficient funds fee because the $75 was deducted first bringing the balance below $0 and then the $100 deposit (submitted _before_ the $75 debit) was credited; this was so profitable it became the norm, and took an act of Congress to persuade banks to stop such customer abuse. Relevant example is doctors asking “do you have guns?” (not asking about stairs, bathtubs, pools, ladders, gasoline, or a hundred other more-dangerous household items) and treating “yes” as an unusual health hazard and “no comment” as mental instability; it became normalized, and took an act of the state to stop the practice - and another court case to say “yes, we mean it, stop asking stupid irrelevant questions”.


13 posted on 07/30/2015 11:27:16 AM PDT by ctdonath2 (The world map will be quite different come 20 January 2017.)
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To: rktman
I would think that the "penumbras and emanations" of the Constitution that created a right to privacy would make this a slam dunk.

All the tom h children have been instructed, each time they saw the pediatrician, what to say if the doctor starts asking intrusive questions. We live in the People's Republic of California and even if the Constitution, and common sense, is on our side, if one of my kids said "Dad has four guns in the garage!" it would not have been pretty.

14 posted on 07/30/2015 11:32:32 AM PDT by tom h
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To: onedoug
"I’d tell my doctor to read the entire Bill Of Rights...sometime after I’ve been treated."

Cute story about Reagan's surgery and recovery in the hospital after being shot by John Hinckley Jr. When he came out of surgery, he asked the attending surgeon if he was a Republican. The doctor replied, "no, but today Mr President, we are all Republicans."

Reagan was not serious, of course, but being humorous. He apparently told Nancy, once he was out of surgery and awake, "sorry, honey, I forgot to duck."

15 posted on 07/30/2015 11:36:33 AM PDT by tom h
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To: rktman

Question 6. Do you have guns in your home?
Answer. None of your FRAKING business.


16 posted on 07/30/2015 11:37:03 AM PDT by BigCinBigD (...Was that okay?)
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To: Resolute Conservative

Well Doc, ya see it’s like this. I did have firearms, but I had this tragic boating accident.....


17 posted on 07/30/2015 11:51:50 AM PDT by AFreeBird
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To: tom h

When you’re about to go under the knife, a previously unknown sense of humor often emerges as a coping mechanism.

When my mangled left hand was being operated on by three surgeons, I was under a regional block and conscious. I turned into Don Rickles & David Brenner combined. The docs were laughing so hard I had to shut myself up so they wouldn’t get distracted.

When I had open heart surgery I was given relaxers beforehand, but still managed to sing most of “Like a Surgeon” while lying on the gurney before going under.

As for docs who don’t like people owning Glocks, I say bravo, Florida!


18 posted on 07/30/2015 12:15:27 PM PDT by elcid1970 ("The Second Amendment is more important than Islam.")
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To: rktman

My pediatrician’s nurse asked when I took the little one in last couple of times. My standard answer, that I got from someone here, “I won’t answer that question because I’m afraid either way I answer could make our home a target for thieves.” The nurse moved on quickly. I think it’s a good way to not answer the question without being confrontational about it. You get confrontational and then they can pretty much infer the answer.


19 posted on 07/30/2015 12:17:43 PM PDT by Roos_Girl (The world is full of educated derelicts. - Calvin Coolidge)
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To: Yo-Yo
According to the CDC, your child is 100 times more likely to drown in a backyard pool than to be accidently killed by a firearm.

The bulk of "children killed by firearms" are teen gang bangers.

20 posted on 07/30/2015 12:21:20 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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