Florida law prohibiting physician questions about gun ownership overturned: 4 things to know

Practice Management

An Atlanta federal appeals court overturned a Florida law that prevents physicians from inquiring about gun ownership with their patients unless deemed "medically relevant," according to a Medscape report.

Here are five things to know:

 

1. Firm opponents of the Firearm Owners Privacy Act include the American Medical Association and the American Academy of Pediatrics. The societies argue the law inhibits physicians' First Amendment rights to offer guidance on gun safety to patients.

 

2. Florida lawmakers, and other supporters of the law like the National Rifle Association, maintain that the law stops physicians from "unnecessarily harassing" gun owners.

 

3. The law passed in 2011, but quickly faced opposition and the case eventually made its way to the U.S. Court of Appeals for the Eleventh Circuit in Atlanta. There, judges made the ruling that the law impacted clinical practice, not First Amendment rights.

 

4. However, the plaintiffs brought the case again to all 11 appellate courts judges. The majority ruled that the law was unconstitutional, noting physicians' questions about gun ownership did not impact Second Amendment rights.

 

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