Appeals Court: Yes, Doctors can inquire about Firearm ownership
Maybe one of our resident lawyers can weigh in here, but it seems to me that the justices in this case were way more concerned about evidence of actual speech rather than the principle that it is none of a doctor's business. I also found the claim that someone can find a different doctor not only insulting, but specious given that the doctors are being pressed by legislators to make their treatment conditional.
My hoping is that this goes to the Supreme Court and gets overturned.
My hoping is that this goes to the Supreme Court and gets overturned.
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Why would a doctor engage in such a conversion to begin with? Does it sort of start out like the Birds and Bees talk, "Have you considered protection when polishing your pistol".
How does that work?
I wouldn't be pop-off at the doctor, I wouldn't tell him to mind his business. Just answer it, "no, I have no guns", "or what an odd question - why do you ask?" - now you have him answering questions :-)
Especially, if them asking is because of Gov't demand for statistics - which would be the bigger concern of mine. Lying is legal unless under oath.
The VA has never asked me, but they do precede every encounter with, "Are you thinking of suicide?" or some form of it. Even when you call them the recorded message asks, and you always get the message, never an actual person. Apparently they have a policy against answering the phone with a live person. Just my two cents worth of complaint.
to quote: "Physician counseling of parents about firearm safety appears to be effective, but firearm safety education programs directed at children are ineffective." Besides the above statement being false, this is one example of the direction given to the pediatricians. One can make an argument that the direction is from a "professional" organization, not the government itself. Of course, one must be very naive to think so, as the data that the pediatrician enters into the health records is now accessible government-wide. There are other references, which would simply require more time to look up, but they are there and the ends of these threads all go up to the Obama administration.
The court case cited by the O.P. was about a law forbidding doctors from discussing guns, not a law requiring them to do so and to report their findings to the government.
Never underestimate how information in a medical record could serve some future political purpose.
I don't pay some doc thousands to tell me that my dozens of firearms are going to somehow be a threat to my health, he can read labs and use the medical decision support system like most of them. I've proven many times that an AR sitting on my back patio didn't jump up and rob a bank while I'm cleaning another one and enjoying an iced tea.
It's always something with that agenda - it's the full autos, then the AR 15, then the semi auto rifles, then large magazines, even though the FBI database shows that well over 90% of gun crimes are with a handgun and the AR is only a tiny percentage of the remaining 10% where a long gun was even used (hunting rifle, shotguns, etc.)
Their whole argument is bullshit, start to finish. This is just one more element.
Here's my argument. Do I get a refund and reimbursement at my professional salary if I get up and walk out because I won't answer and don't care to listen to their first amendment speech? They can say it, I don't have to listen to it. They can do their Truman club dinners too, doesn't mean I would go or make a donation. Freedom of speech doesn't mean the right to an audience, college students need the right to an A as well if they don't want to sit in a chair and be brainwashed either.
I HAD a physician who asked such questions, inserted them into my record, and added other things that were either incorrect or misinterpreted. I fired her.
My MD would have to ask me if I have a firearm because I believe concealed carry is a better strategy partly due to ignoired gun free zones such as banks..
Me dino would say, "Want to see it? It's in a pocket holster that looks kinda like a wallet when I first pull it out."
Should I ever have to prove I sold that gun to keep my social security, I'll just trade it in for another that doesn't have a steel grip. The recoil of that Sig somewhat uncomfortably stings that "web" spot between my hand and my thumb.
I have three other handguns anyhoo (one a smaller caliber pocket pistol) plus a carbine and a shotgun.
The chiropractor I see once a month does not care. He once told me he sees plenty of guns. I put the little holstered Sig and my spare clip in a small plastic basket with everything else in my pockets before he goes to work on me. .
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