Appeals Court Overturns Florida’s Physician ‘Gun-Gag’ Law

In a decision that may be contested in the Supreme Court, a federal appeals court in Atlanta, Georgia, today overturned a Florida law that prohibits physicians from asking patients if they own a gun unless the question is medically relevant.The American Medical Association, the American Academy of Pediatrics (AAP), and other major medical societies have opposed the so-called gun-gag law, saying it infringes on the First Amendment right of physicians to discuss gun safety, especially when patients have children who may come across a loaded, unsecured firearm.

Source: Appeals Court Overturns Florida’s Physician ‘Gun-Gag’ Law

I’ve been reading the court’s decision a bit and they keep bringing the Florida Board of Medicine which has its directives from the legislature, to be more specific Chapter 458 of the Florida Statutes:

458.301 Purpose.The Legislature recognizes that the practice of medicine is potentially dangerous to the public if conducted by unsafe and incompetent practitioners. The Legislature finds further that it is difficult for the public to make an informed choice when selecting a physician and that the consequences of a wrong decision could seriously harm the public health and safety. The primary legislative purpose in enacting this chapter is to ensure that every physician practicing in this state meets minimum requirements for safe practice. It is the legislative intent that physicians who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from practicing in this state.

I figure, if doctors and practitioners of the healing arts are so eager tell people what do with firearms in their own private lives, then they should all be required to become NRA instructors in at least Home Firearm Safety,  FIRST Steps Rifle/Shotgun Orientation and Basics of Pistol Shooting.  They cannot very well give advice on something that they do not know., that would be unethical and possibly opening them up for lawsuits that may or may not be covered by their insurance companies.

And never forget that in the U.S. over 100,000 deaths a year are by medical malpractice.


Hat Tip, Jeff A.

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