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Scott fires back over docs and guns, appeals ruling blocking law

by Dara Kam | July 30th, 2012

Gov. Rick Scott, as expected, is appealing a judge’s ruling that permanently blocked a law barring doctors from asking patients about guns from going into effect.

U.S. District Judge Marcia Cooke earlier this month issued a permanent injunction banning enforcement of the “Firearm Owner’s Privacy Act,” pushed by the National Rifle Association, ruling the law unconstitutionally violates physicians’ freedom of speech.

“This law was carefully crafted to respect the First Amendment while ensuring a patient’s constitutional right to own or possess a firearm without discrimination. I signed this legislation into law because I believe it is constitutional and I will continue to defend it,” Scott said in a statement announcing the state Department of Health was appealing.

The Florida chapters of the American Academy of Pediatrics, the American Academy of Family Physicians and the American College of Physicians sued Scott shortly after the he signed the act into law last year, arguing that what they called the “physician gag law” prevented doctors from doing their job.

Proponents of the measure said the law prevented discrimination against gun owners, some of whom had complained that doctors were using questions about firearms to discourage gun ownership.

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39 Responses to “Scott fires back over docs and guns, appeals ruling blocking law”

  1. Virgil Says:

    Real simple issue: Gun owners need to start asking their doctors if they own guns, and if the doctor does not support the Second Amendment, then find another doctor! If my doctor started asking me about guns in my home, I am going to ask why they want to know, and if they are anti-gun I will just find another doctor…

    Think about it: if you are a gun owner, why would you spend your money with any anti-gun business, including professionals such as doctors, lawyers, CPA’s, etc., that are going to take some of your money and support groups that are working against what you believe in?

    Money talks, and The People can use it to solve these problems!

  2. Marty Says:

    Virgil, just because the doctor asks about guns doesn’t mean he doesn’t support the second amendment, and just because he may not own guns also doesn’t mean he’s anti-gun. The second amendment doesn’t require gun ownership, does it? He may ask to open a conversation making sure they’re being stored safely where kids can’t get at them. Don’t assume that they’re against gun ownership just for asking the question…

  3. Naqvaun Says:

    I’m pretty sure doctors should be able to ask about guns. If your doctor has concerns about your mental stability and you’ve got a shotgun and an assault rifle, it might be time to call the police.

  4. Orphic Says:

    Most of the GOOD Doctors we have seen (and there are many many many Doctor’s we have seen and continue to see) are not fan’s of guns.

    All the moronic cowardly gun nuts run off at the face but very few of them have ever actually dealt with the consequences of the business end of a weapon. It ceases to be a political stand when you have buried children and spend hours fishing shrapnel out of some idiot gun owners brain stem in an effort to hand the family back a quasi live meat puppet.

    Just remember when you and/or yours catch a bullet with your body the Doctor who will be trying to piece you back together is almost certainly NOT going to be a gun fan. Not because he is against the 2nd amendment but because he is exasperated and weary from having to take a lump of bloody pulp and make it somehow human again. Tired of wasting time digging a bullet out of your penis, thighs, feet and other extremities because you got lazy or stupid and were lucky enough to escape injury this time.

    Pick your Doctor for his gun views and you deserve the substandard care you get.

  5. Dr. Bob Says:

    It is perfectly reasonable for a physician to inquire about the presence of guns in a home. There is overwhelming evidence that the incidence of injuries (non-fatal as well as fatal: suicide, murder, or accidental) from firearms is far greater than the incidence of successful deterrence of crime. Doctors try to prevent injuries, not just treat them. If you don’t like that, then why don’t you go to the NRA for medical treatment.

  6. jake elwood Says:

    Funny thing.
    Doctors don’t ask about pesticides, radon, if you have a basement if your home is in hurricane alley,if you drive a car smaller than a bread box…
    All of these things affect life span.
    Why are some doctors focusing on gun ownership?
    Gub ownership is not a medical problem. If my doctor asks about, I’m telling him it’s not of his business. If he persists, I’ll get another doctor.
    For tyhe yahoo who is tryiing to defend the doctor’s who stitch people back up, does your nephrologist or cardiologist have the same crusade against red meat and sugar? I think not…
    It would be nice if you could just say what you want honestly without trying to hide behind a bogus isuue.
    The real conflict is you don’t like guns.
    And that clearly puts you in conflict with the Founding Fathers, the Supreme Court and the majority of Americans.
    Have a nice day.

  7. MocoLoco Says:

    More people die each year from medical malpractice than from gunshot wounds.

  8. Carol Says:

    Common sense dictates that a concerned doctor should be allowed to ask their patients if they own guns. The Governor, however, should not be pandering to the NRA at taxpayer expense (again). FL employees have not seen a raise in over 7 years, yet this joker somehow finds the cash for these frivolous, non-essential lawsuits? Does Scott only become conservative when his buddy’s aren’t involved?

  9. dunnelloncane Says:

    The real issue here is our idiot Governor is wasting taxpayer money again on lawyers making hundreds per hour to appeal decisions going against him. Prison priviteazation, drug testing, state pensions, health care and so on. I though u conservatives hated lawyers and tax payer funds being wasted. Romney has campaigned in FL 55 times and hasn’t had Scott here once! Tnx for electing the worst Gov. in country, Repubs.

  10. brenda star Says:

    I cannot believe We even refer to this Country as the United States anymore. They are so scared of revolt–they want to disarm the Country.

    Things must be ready to really get bad.

  11. Middle class Says:

    I like guns but Rick Scott is still a crook and a scumbag!

  12. FrankLucas Says:

    @Dr. Bob: whether or not their is a gun in the home doesn’t change why a patient needs a doctor.

    What’s even worse is the growing number of gun-owners that are hoping to prevent others from owning them.

  13. Bito Says:

    Did any of you really think that tricky Rick would spend 70 mil of his own money unless he planned getting it back with interest?? The people who voted for him are living in this bubble that they even vote against their own best interest, they vote party lines, not what is best for this country.

  14. KC Says:

    You NRA supporters really need to get over the second amendment. It was meant for the militia to protect the citizens, not to protect careless gun fanatics that have somehow populated our great nation with illegal guns killing unsuspecting citizens. Incompetent legal gun owners are the reason we have so many illegal guns killing innocent people. Maybe like people that want parents to be responsible for their brats, maybe we should enact an amendment to make gun owners responsible for their weapons. Just like Walt Disney would roll over in his grave to watch current Disney productions, our founding forefathers, would stand up and say what the “F” and fall back down and roll over in theirs.

  15. frankiedenise Says:

    The incidence of firearm fatalities and injuries in this country definitely warrants an MD to inquire if firearms are kept in a home where minors live. I also think doctors should ask about drugs in the home for very valid reasons (if they don’t already) as well. Kids know everything that’s in their house because they are inquisitive and will look through drawers, closets, under beds, etc. I remember doing it when I was a kid and both my boys did the same thing growing up. All too often a child finds a loaded weapon an adult so carelessly set down unsecured in the home. Too many incompetent adults are granted permits.

  16. yvonne Says:

    How about just telling the doctor is is NONE of their business. More nanny state control.

  17. paul Says:

    Pediatricians can and should ask parents whether guns, medicine cabinet, liquor cabinet are secure, whether they have a pool and if it’s gated properly, etc. Until kids stop dying because they found an unsecured gun, took pills they found or drown in unguarded pool, y’all can shut up.

  18. rebar Says:

    If you own a gun and are proud of it, there’s no reason to get so upset when the question is asked. Aren’t you in favor of gun safety? That’s what this is about. If you don’t like your doctor for asking a simple safety question, find another one. Typical NRA knee-jerk exaggerated reaction. If you care so much about the Bill of Right, then what about the 1st Amendment?

  19. OutwithRick2014 Says:

    And how much is this appeal going to cost Floridians again???

  20. Bob W. Says:

    First of all, as anyone in Florida with any brains should be aware of, there are already strict laws on the books about keeping firearms out of the reach of children.
    Secondly, to those such as K.C. who would love to use The Constitution for toilet paper, a militia was intended to be comprised of private citizens, and NOT to be part of the government. Obviously, K.C.’s idea of a ‘miltia’ would be one like the People’s Militia of Mao Tse Tsung, or the Islamic Militia of the ayatollahs in Iran. Need I say more?

  21. Gardens MC Sucks Says:

    The quacks at Gardens Medical Center didn’t need a gun to kill my father. They just gave him an overdose of drugs. I guess I should ask my doctors if they know what drugs do what and when to use them. So you doctors go on practicing medicine and I will continue to practice my rifle aim.

  22. Once and For All Says:

    Hey You Gun Nuts. NOBODY IS GOING TO TAKE YOUR GUNS AWAY! AGAIN, NOBODY IS GOING TO TAKE YOUR GUNS AWAY! I sure hope they eliminate the 100 round clips (except for military and law enforcement) that are only used for creating mass casualties.

  23. KC Says:

    Excuse me Bob, when people first off start insulting others for using their first amendment rights, it makes me shudder that they more than likely own a gun. People that get on here and call others morons and brainless because they have an opinion different from their own, have no respect for our constitution what so ever. Their respect for it is only to satisfy “THEIR” wants and desires. You have no idea if I own a gun or not, or have a pool or not, or have a dog or not, but what I do have I am certain to make sure that others do not get hurt by it. You can not speak for me, so don’t speak for others that are careless citizens. And if you look back at the year the 2nd amendment was created, well Bob my man, things have changed drastically since then, or do you go through life half blind?

  24. KC Says:

    And, by the way Bob, our military is comprised of “our private citizens” that have shed much blood for this beautiful nation that we are so proud to call home. They shed blood to this day and are our militia of present. Maybe that is where private first class originated.

  25. Bob W. Says:

    @K.C. … “I may not agree with what you say, but I’ll defend with my life you’re right to say it”
    And as far as being “half blind”, well, my man, I’d tell you to look in a mirror, but I don’t believe that you’d be able to see it very well. LOL

  26. Bob W. Says:

    also to Mr. K.C…. Our Army is not a militia, and it is comprised entirely of professionals, as anyone that is serving, or has served our country in the last three decades could tell you.

  27. KC Says:

    I guess you are half blind, because I am not a Mr and work with some of the so called ex professionals that you claim. God bless their everlasting souls, but some of them are so messed up from war and still own firearms. They were nothing more than private citizens when they began. The blind leading the blind as always. LOL

  28. Saxon777 Says:

    Why is Rick Scott and the NRA telling me and my doctor what we can talk about, and what my doctor can ask me about? Talk about a nanny state . . . with Rick Scott and the NRA as chief nannies. I thought this was a free country. My physician and I should be ble to speak freely about whatever we want. My physician can then advise me, and I can take or reject his advice as I choose.

    This law is government intrusion into private freedoms. The NRA has no business telling my doctor what he can talk about..

  29. Bob W. Says:

    Oh please forgive me K.C. How insensitive, and unobservant I must be to have been unable to determine your gender via your internet tirades. I am soooooo sorry!!

  30. JC Says:

    Republican values place sales of guns and bullets over human life. Same goes for environment, who cares about clean air and water for the masses (as long as the republicans immediate family has access to clean air and water). The republican / NRA vision- everyone carries a sidearm. A return to the days of the wild west. Open daily gunfights in markets, movies, roadways, parks. All conflicts are resolved with gunfights. Guns and ammo sales go through the roof as do the daily death rates. An economy based on death

  31. KC Says:

    That is what happens when people jump to conclusions. You are forgiven Bob. LOL

  32. RealConservative Says:

    The accounting on the expenses to litigate these useless lawsuits is already close to 1,000,000. If you want to read the details, they are in the Sun-Sentinel….How much more hard earned tax payers’ dollars this republican administration wants to spend in these idiotic lawsuits that are only based in ideolgy….

  33. Sam Says:

    I’ve got a gun at home. I do regularly see a doctor for hypertension, and in response to someone else’s post, of course my doctor has asked me about my diet since it could have an impact on my hypertension. I don’t eat meat, watch my salt intake, eat a healthy diet, keep at a healthy weight in part to try and control my high blood pressure. If I were seeing a doctor for depression or other mental health issues and my doctor was concerned about my mental state then it makes perfect sense for a doctor to ask about gun access.

    We shouldn’t be legislating what doctors can and cannot discuss with their patients.

  34. yayaya Says:

    what they really need to do is random the doctors and these nurses for drugs. i work as a trdesmanfrom miami to northern fl hospitals,beleive me most i say about 85% of them are on drugs next time you god forbid to go to one just look at them you will tell

  35. Crazy Says:

    Let’s see, the GOP doesn’t want doctors to ask about guns, but does want them to perform unnecessary procedures on women who want abortions. Picking and choosing ifrom your deology is not a way to govern. Just fix the economy and stop worrying about our rights. Everytime our “leaders” try to legislate our freedoms, we are less free than before.

  36. Bill Neubauer Says:

    For me this is not the political thing that so many are making it; it is a medical thing. At my age I am a sort of a regular in the office of one doctor or another. I am frustrated by the appointment time limits. I accused one doctor of being a five-minute man, and another defended him and insisted that the limit is 15 minutes–AND IT IS SET BY MEDICARE!
    As far as I am concerned doctors simply DON’T HAVE TIME TO TALK ABOUT GUNS; they have too many medical issues to address–and too little time.

  37. Jen Says:

    A good doctor asks these types of questions. I’ve had my doctor ask my son if he wore his seat belt, bike helmet, etc. Then I was asked separately if we owned guns and if they were secure, if our smoke detectors had been checked recently. If my son had taken swimming lessons. AN ounce of prevention is worth everything!

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