In the wake of the sensational George Zimmerman and Marissa Alexander trials, Florida is known by many in the United States for having controversial gun laws and interpretations thereof. It is difficult to find the proper laws to govern such a populous and politically polarized state, but it must be admitted that gun laws are a current center of controversy in the state. One more such law took the spotlight recently, as a Florida law which restricts what doctors can discuss with patients about gun ownership withstood a challenge in federal courts.
The law, popularly known as “Docs vs. Glocks,” was deemed constitutional last week in a ruling by the 11th U.S. Circuit Court of Appeals in Atlanta. This overturned a previous decision by a lower court declaring the law to be in violation of the First Amendment. It is quite likely that further challenges will be made, and the law is surely controversial enough to attract major media attention in the event that it reaches the U.S. Supreme Court.
The law stipulates that doctors who needlessly discuss guns with patients can potentially be fined and lose their licenses. Controversy over the law has consumed both sides of the political aisle, as both conservatives and liberals are split on whether to support or oppose the law. Organizations representing 11,000 Florida state health providers challenged the “Docs vs. Glocks” law, among them the Florida chapters of the American Academy of Pediatrics and the American Academy of Family Physicians.
The current decision upheld the law as a protection of the privacy rights of patients, rather than a violation of the First Amendment rights of doctors. The Court of Appeals added that any limits the law imposed on the rights of some were merely “incidental.” In the court opinion, written by U.S. Circuit Judge Gerald Tjoflat, it is stated that, “The act simply codifies that good medical care does not require inquiry or record-keeping regarding firearms when unnecessary to a patient’s care.”
The law was initially established by Florida’s Republican-controlled legislature after an Ocala, Florida couple complained that a doctor had asked personal questions about guns. The couple claimed that the physician had refused to see them again after they had declined to answer.
Docs vs. Glocks has its fair share of detractors. In a lengthy dissenting opinion, U.S. Circuit Judge Charles Wilson claimed that the law was an infringement of First Amendment rights. Will it stand up? Only the future can tell.
The law offices of Gilbert and Smallman are ready to diligently fight for your rights. Whether you need an attorney for criminal defense, personal injury, foreclosure defense, or any number of other case types, you can trust Gilbert and Smallman to represent you strongly and fairly.
