Should doctors ask their patients about guns? I don't know
Should there be a law against them asking? No, there shouldn't.
I understand your position and am inclined to agree – however the law addresses two important issues: the ‘presumption of guild’ we gun owners must deal with and is unique to gun owners alone, and the prospect of the doctor acting as a de facto agent of the state and a potential privacy rights violation.
Any power not given to the federal government is reserved for the states.
Unless the state violates the rights of the its citizens, in which case the state law is struck down as un-Constitutional. Federal statutes also trump state laws. See:
McCulloch v. Maryland, 17 U.S. 316 (1819).
Thus this law has nothing to do with ‘states’ rights,’ as it ensures the right to privacy found in the Federal Constitution.
interesting, the doctors filed suit in federal court on the 6th.
"By severely restricting such speech and the ability of physicians to practice such preventative medicine, the Florida statute could result in grievous harm to children, adolescents, adults, and the elderly," according to the lawsuit, filed Monday in federal court in Miami.
Except for the possible preemption of free speech, the rest sounds like an irrelevant non-starter. The political irony here is advocates of the law – mostly conservatives – would be making the same argument that could be used against laws requiring doctors to ‘counsel’ female patents before performing an abortion.
The issue will be balancing the privacy rights of gun owners and the free speech rights of doctors.
it states the all they asked was "if" they owned guns, not what type and how many. again doctors were concerned that that they asked about guns to ensure that parents keep them safely locked up and away from children. not to report illegal or legal gun ownership
This is not the purview for doctors, it is the purview for law enforcement. If a Florida doctor believes a given patient is violating FloridaÂ’s gun laws with regard to minor children, he may report it to the police who will only be able to act if there is probable cause.
Yes, one may refuse to answer, but without benefit of counsel and given the high trust factor patients have with doctors, unwarranted self-incrimination may occur.
Doctors need to address the medically relevant issues before them as well as medically relevant information for a case history – guns in the home falls in neither category.