Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert: It’s not about the First Amendment

Wednesday, August 5, 2015

Florida Alert: It’s not about the First Amendment

DATE:  August 5, 2015
TO:       USF & NRA Members and Friends
FROM: Marion P. Hammer
             USF Executive Director
             NRA Past President

Below is our response in the Tallahassee Democrat to anti-gun editorials attacking the courts on the "Docs v. Glocks" issue.


Hammer: It’s not about the First Amendment

http://www.tallahassee.com/story/opinion/2015/08/04/hammer-first-amendment/31122003/

By Marion P. Hammer, 

My View 4:57 p.m. EDT August 4, 2015

The column “Free Speech does not threaten gun ownership” (Aug. 3) by Howard L. Simon of the ACLU is a smokescreen.

Twice now federal judges have ruled that the so-called “Docs & Glocks” law does not violate First Amendment free speech rights of doctors and medical personnel. The law stops pediatricians and other physicians from prying into our personal lives, invading our privacy and straying from issues relating to disease and medicine into questioning children or their parents about gun ownership and guns in the home. 

Read, “Free speech is no threat to gun ownership,” by Howard L. Simon posted  in the Tallahassee Democrat on August 4, 2015.

In both rulings, the court made it clear that the law is an appropriate regulation of professional speech. The state has a duty to protect the rights of vulnerable patients against doctors who use their examining rooms to interrogate parents and children about gun ownership for the purpose of delivering their anti-gun political messages.


If a patient answers questions like, “Do you own a gun?” or “Do your children have access to guns in your home?” or “Did you know that having a gun in your home triples your risk of becoming a homicide victim?,” the patient is likely to be given the “Advice to parents” the American Academy of Pediatrics recommends on their website: “Never have a gun in the home. Do not purchase a gun. Remove all guns present in the home.” That is not medical care. That is politics.

That political motivation has nothing to do with the health care and medical treatment we seek for our children and for which we are paying when we enter a doctor’s office. 

Read, Federal court says state can enforce ‘doc vs. glocks’ law by Gary Fineout in the Tallahassee Democrat posted on July 29, 2015.

Further, these questions are ethically wrong. Any doctor who asks them is committing a form of unethical conduct known as an “ethical boundary violation.” Any doctor who commits an ethical boundary violation can and should be disciplined. We need to be able to trust our doctors. Doctors who intentionally step over that ethical and legal boundary clearly cannot be trusted.


Other ethical boundaries don’t allow doctors to take advantage of vulnerable elderly patients and question them about property and assets they own, allow them to encourage these elderly patients to make gifts of cars, jewelry or other assets to the doctor, or make the doctor a beneficiary in a will.

Additionally, entering the answers to gun ownership questions into medical records and computer databases is a de facto form of registration of gun owners and is already prohibited by law.

Any pediatrician truly concerned about gun safety is free to hand out gun safety brochures to all parents. The First Amendment smokescreen that is being used to excuse unethical and political abuse of patients privacy rights needs to stop and doctors should stick to medical care.

Marion P. Hammer is a past president of the National Rifle Association and current executive director of Unified Sportsmen of Florida.

 

IN THIS ARTICLE
Florida Patient privacy
TRENDING NOW
Major Digital Currency’s Terms of Use Prohibit Firearm and Ammunition Sales

News  

Monday, October 20, 2025

Major Digital Currency’s Terms of Use Prohibit Firearm and Ammunition Sales

So much of the energy surrounding the digital currency space has been aimed at bringing forth a new liberty. 

Urban Crime Spike “the Most Overlooked U.S. Crime Story in Recent Years”

News  

Monday, October 20, 2025

Urban Crime Spike “the Most Overlooked U.S. Crime Story in Recent Years”

It was a standard talking point of the Biden White House that violent crime had dropped by record levels under the Biden-Harris administration, attributed in part to its support of gun control measures.

David Hogg: “The Grift that Keeps on Grifting”

News  

Monday, October 20, 2025

David Hogg: “The Grift that Keeps on Grifting”

At this point, anybody who reads NRA-ILA’s Grassroots Alerts even sporadically is well aware of the shameless, anti-gun self-promoter David Hogg. 

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

Colorado Joins States in Promoting Use of Red Flag Laws

News  

Monday, October 20, 2025

Colorado Joins States in Promoting Use of Red Flag Laws

First there were the red flag laws themselves, dangerous laws allowing for the seizure of firearms while bypassing a citizen’s right to due process. 

North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

News  

Monday, October 6, 2025

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

News  

Monday, October 13, 2025

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

Three years ago, Dr. John Lott of the Crime Prevention Research Center (CPRC), writing for RealClearInvestigations, described how the Federal Bureau of Investigation (FBI) was vastly undercounting, “by an order of more than three the number of instances in ...

Massachusetts: Hunting Ammunition Restrictions on Agenda for Committee Hearing Tomorrow

Monday, October 20, 2025

Massachusetts: Hunting Ammunition Restrictions on Agenda for Committee Hearing Tomorrow

On Tuesday, October 21st, the Joint Committee on Environment and Natural Resources will hold a hearing on dozens of hunting-related bills, including two bills aiming to restrict ammunition. 

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.