Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Eleventh Circuit Upholds Florida's Patient Privacy Law

Thursday, November 6, 2014

In a victory for gun owners who simply seek medical care, not political philosophy, from their doctors, the U.S. Court of Appeals for the Eleventh Circuit has upheld the NRA-supported Florida’s Firearm Owner’s Privacy Act. This law was passed after an escalating series of events in which patients were harassed or denied access to services because they refused to be interrogated by their doctors about their ownership of firearms. The case, Wollschlaeger v. Governor of Florida, vindicated Florida’s attempt to protect patients from being forced to divulge personal information that is irrelevant to their own medical treatment.

In challenging the law, Dr. Wollschlaeger and the other plaintiffs insisted they had a First Amendment right to routinely grill patients on their choices concerning firearm ownership, without regard to any good faith belief such information was relevant to the patient’s individual case. They also alleged the law’s proscriptions were unconstitutionally vague.

The Court of Appeals rejected these claims.  “The essence of the Act,” the court’s opinion stated, “is simple: medical practitioners should not record information or inquire about patients’ firearm-ownership status when doing so is not necessary to providing the patient with good medical care.” Accordingly, the court determined that “[t]he Act merely circumscribes the unnecessary collection of patient information on one of many potential sensitive topics.”

As the court noted, nothing in the Florida law prohibits doctors from expressing their views about firearms or about any other medical or public policy issue. Rather, the law is within keeping of long-established “codes of conduct that define the practice of good medicine and affirm the responsibility that physicians bear” and “protects a patient’s ability to receive effective medical treatment without compromising the patient’s privacy with regard to matters unrelated to healthcare.”

The NRA participated in the case with a friend of the court brief in the Eleventh Circuit proceedings, and a number of the points it made are echoed in the majority opinion of the court. The brief challenged the plaintiffs’ case on several grounds, arguing that the physicians and organization do not have standing to bring the suit, that the Act does not violate the First Amendment, and that the Act is not unconstitutionally vague.

 

In arguing against the plaintiffs’ standing, the brief explained that the act does not “chill” the plaintiffs’ speech, as “the Act by its terms simply does not restrict the speech in which [the plaintiffs] wish to engage.” 

 

While disputing the plaintiffs’ First Amendment claims, the brief noted that the Act is a “reasonable regulation of speech incidental to the practice of medicine.” The NRA filing explained the Act serves the State’s interest in protecting the privacy of patients, as well as the patients’ exercise of Second Amendment rights. In concluding the First Amendment argument, the brief declared, “The Firearm Owners’ Privacy Act is another reasonable regulation of the medical practice. It exhorts doctors to stick to practicing medicine when examining patients, rather than pushing their own political agendas, and it protects patients from doctors who refuse to do so.”


Plaintiffs in the case have requested additional review before a full panel of the Eleventh Circuit, but the court has not yet ruled on the petition for rehearing. In the meantime, however, patients who prefer to focus on their symptoms, and not their doctors’ politics, in the examination room should have more reason to feel at ease. 

TRENDING NOW
Massachusetts: Progressives Pass Radical Gun Control Bill

Friday, July 19, 2024

Massachusetts: Progressives Pass Radical Gun Control Bill

Progressive politicians in Massachusetts just passed one of the most extreme gun control bills in the country.

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

Thursday, July 25, 2024

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

On Thursday, July 25th, Governor Maura Healey (D) signed H. 4885, "an act modernizing firearm laws," one of the most extreme gun control bills in the country, into law.

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

News  

Monday, July 22, 2024

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

Last week, Sen. JD Vance (R-OH), accepted the Republican party’s nomination for vice president at the Republican National Convention in Milwaukee, WI.

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

Friday, February 2, 2024

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

On Thursday, February 1st, the Senate passed S.2572 late in the night without the bill ever receiving a public hearing, ignoring the concerns of Minority Leader Bruce Tarr and second amendment advocates across the state. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

News  

Second Amendment  

Monday, July 22, 2024

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

The National Rifle Association of America (NRA) has filed a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Engaged in the Business” Final Rule. The ATF’s Final Rule unlawfully redefines when a person ...

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

News  

Monday, July 22, 2024

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

In another Bruen-based invalidation of a gun law, a federal appeals court has struck a Minnesota law that prohibits 18 to 20-year-olds from being eligible for a carry permit, declaring the law to be invalid and ...

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

Tuesday, July 16, 2024

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

On Monday, July 15, the Third Circuit Court of Appeals affirmed the district court’s denial of a preliminary injunction in Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, NRA-ILA’s lawsuit challenging ...

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Tuesday, July 23, 2024

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Yesterday, in Ortega v. Grisham, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait 7 ...

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.