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You Lose, NRA: Doctors Can Now Discuss Firearms with Patients
In a landmark ruling, a federal appeals court has overturned a Florida law that prohibited doctors from inquiring about gun ownership among their patients. You’d think knowing whether there are firearms in a home is a relevant topic for doctors—especially when it comes to patient safety—but until now, it was a no-go zone.
According to The Trace, the 11th Circuit Court of Appeals in Atlanta deemed the Firearms Owners Privacy Act (FOPA), also known as Docs vs Glocks, a violation of the First Amendment. The law was initially championed as a means to protect patients’ Second Amendment rights. However, the court’s majority opinion asserts that the right to own guns doesn’t negate the need for discussions around them.
The ruling makes it clear: Second Amendment enthusiasts don’t get a free pass to silence medical professionals from asking reasonable questions aimed at ensuring safety. Thank goodness for the judicial system stepping in on this one.
Supporters of the law, including heavy lobbying from the National Rifle Association (NRA), claimed it led to doctors denying care to gun owners. They alleged that patients faced harassment for refusing to answer questions about their firearms. Yet, the court found no evidence to support these claims, pointing out that medical professionals, as private actors, have no authority to restrict anyone’s gun ownership.
In fact, many physicians, around 86%, believe that gun access is a public health issue, yet 58% still shy away from asking patients about it. Dr. Emily Carter, an emergency medicine specialist, commented, “We’re trained to screen for all sorts of sensitive topics, but guns? That’s rarely discussed. It’s awkward.”
But let’s be real—most of us are asked about personal issues that may feel uncomfortable, from sexual history to mental health. Gun access in the home deserves the same level of concern. While no doctor can seize a patient’s firearms, they can certainly advise on safe practices, particularly when kids are involved.
Some parents, like Florida resident Lucy Thompson, argue that their gun ownership has nothing to do with their child’s health. “If I don’t have to register my gun, why should I tell my pediatrician if I own one?” she asked. That kind of thinking really misses the point. If a parent is careless enough to leave a weapon accessible to children, it poses a genuine health risk, and that’s why doctors need to address it.
The First Amendment not only empowers doctors to raise these questions, but it also allows patients the right to decline to answer them. As the court noted, “People often have to endure speech they don’t appreciate, but that’s the price of freedom.”
This ruling reinforces that discussing firearms in a medical context is as American as the right to bear arms itself. End of story.
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In summary, the court’s decision means doctors can now rightfully discuss gun ownership with their patients, acknowledging its relevance to health and safety without infringing on constitutional rights.