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Court Rules Doctors Can Ask Patients About Gun Ownership
Daily Caller News Foundation ^ | February 17, 2017 | Sarah Hurtubise

Posted on 02/18/2017 10:51:05 AM PST by kevcol

A federal appeals court has ruled that a Florida law restricting doctors from asking patients whether they own guns restricts the right to free speech.

The 11th U.S. Circuit Court of Appeals found that the law violated doctors’ First Amendment right to free speech, and concluded that the state failed to prove that physicians were infringing on patients’ Second Amendment rights. A previous decision by a three-judge panel by the 11th Circuit upheld the law, but those suing the state asked for the full circuit court to re-consider the case.
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The Republican-controlled Florida state legislature passed a law in 2011 preventing doctors from asking patients about their gun ownership and gun safety procedures. Supporters of the law argued that doctors in the state were overstepping their authority and pushing an anti-Second Amendment agenda.

The move came after a Florida couple said their physician had asked about gun ownership and refused to see them after they declined to answer, according to the Miami Herald. The Brady Center to Prevent Gun Violence quickly challenged the law, which has been battled over in the court system for years.

(Excerpt) Read more at dailycallernewsfoundation.org ...


TOPICS: Constitution/Conservatism; Culture/Society; Government
KEYWORDS: banglist; bigbrother; doctors; florida; guncontrol; healthcare; secondamendment
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To: HiTech RedNeck

You may have missed my point.


41 posted on 02/18/2017 11:15:26 AM PST by Buttons12
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To: the OlLine Rebel

I agree. Apparently a doctor refused to see a patient for refusing to answer. I was filling out a form for a doctor once and my answer to the gun ownership question was “nyb”. I hoped to be asked what it meant, but never was. Not your business.


42 posted on 02/18/2017 11:15:45 AM PST by Rusty0604
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To: HiTech RedNeck
Don't show any political opinions. This is for your family. Restrain and say no.
43 posted on 02/18/2017 11:15:46 AM PST by Proyecto Anonimo
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To: Hulka

And if you refuse to answer or say its non of their business then you will go down on a permanent government database as a belligerent gun owner. Always lie and say no.


44 posted on 02/18/2017 11:17:09 AM PST by circlecity
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To: kevcol

He can ask all he wants.

All of my family will always say that we have no guns.


45 posted on 02/18/2017 11:17:37 AM PST by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: Secret Agent Man

Thanks, learned something.


46 posted on 02/18/2017 11:18:00 AM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: Noamie

The case SEEMS to about whether the docs MAY. Not whether they MUST.

Go howling at the medical societies if they try to force the doctors to do so in all cases. HOWEVER. There’s always some kind of situation in which a question like this makes sense. For example “Oh Doc, I’ve been dreaming day and night about suicide and a murderous rampage.”

Let’s not take leave of our souls and our senses in the name of our civil rights. There’s always a time to surrender something before God.


47 posted on 02/18/2017 11:18:22 AM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: kevcol

Free speech is an expression of an idea.

Preventing a doctor from asking about guns is regulating commerce.


48 posted on 02/18/2017 11:18:30 AM PST by Moonman62 (Make America Great Again!)
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To: Chickensoup

My homeowners insurance covers my guns and every other thing I own. If stolen, I can make a claim. But if I say I don’t own any, how can I make such a claim?

This actually happened to me. I was covered.

Hint: There are some insurance companies who will cover things like guns. Seek them out. They do not mind at all!


49 posted on 02/18/2017 11:18:38 AM PST by Alas Babylon! (Keep fighting the Left and their Fake News!)
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To: kevcol

So, basically, the doctor is asking if your house and family is protected or not. Hmmmm...


50 posted on 02/18/2017 11:18:43 AM PST by BookmanTheJanitor
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To: HiTech RedNeck
There are many who think the doctor visit will be a time to joke around, outsmart him, exert opinions. JUST SAY NO.
51 posted on 02/18/2017 11:19:15 AM PST by Proyecto Anonimo
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To: Bratch

Not that tragic.

That boat can’t hold much.


52 posted on 02/18/2017 11:20:06 AM PST by Scrambler Bob (Brought to you from Turtle Island, otherwise known as 'So-Called North America')
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To: Buttons12

You certainly missed mine. The specter of “Soviet” can be as easily raised as that of “Nazi” — to little or no sense.


53 posted on 02/18/2017 11:20:20 AM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Proyecto Anonimo

Oh sure... much more truly, geniuses think of things that nobody else thought of... because God told them.


54 posted on 02/18/2017 11:21:23 AM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: kevcol

A doctor that asks the question should be severely beaten about the head and shoulders until she can’t ask more questions that day


55 posted on 02/18/2017 11:23:34 AM PST by bert (K.E.; N.P.; GOPc;WASP .... Macroagression melts snowflakes)
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To: HiTech RedNeck

ha!

they just want to disarm Americans, something that is both illegal and impossible anyway what with 400 million known firearms in circulation and reportedly most going off the books since 2008/Obama


56 posted on 02/18/2017 11:24:23 AM PST by faithhopecharity ("Politicans are not born, they're excreted." -- Marcus Tillius Cicero)
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To: Moonman62

But this can cut two ways. It can prevent “Reparative Therapy” too. Better that docs can talk about guns, if they can talk about gayness too.


57 posted on 02/18/2017 11:24:28 AM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: bert

And you should go to jail.


58 posted on 02/18/2017 11:24:51 AM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: kevcol

My new doctor (3 years ago) asked me if I had any guns at home. I said “I’ve got one in my pocket and another in the truck but I’ll have to go home if you want more.” She wrote something down and never mentioned it again.


59 posted on 02/18/2017 11:26:10 AM PST by Feckless (The US Gubbmint / This Tagline CENSORED by FR \ IrOnic, ain't it?)
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To: kevcol

“Do you own a motor vehicle or ever go anywhere near any of them?”

would be a far more legal and far more sensible question, given that MANY MANY times as many people are injured or killed in vehicle accidents than with firearms of any type


60 posted on 02/18/2017 11:26:30 AM PST by faithhopecharity ("Politicans are not born, they're excreted." -- Marcus Tillius Cicero)
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