It may have seemed like a non-issue, especially considering that the 11th Circuit Court of Appeals in Atlanta ruled it unconstitutional just last month, but two Florida legislators are making a point of removing the controversial Firearm Owner’s Privacy Act from the state’s statutes. The law, passed in 2011, was television news fodder for weeks, as it challenged the ability of doctors to speak with patients about weapons in their homes. In 2011, a couple complained about being asked by their doctor about having firearms in their home. The confusion arose between limits on free speech and the Second Amendment. But it’s more than that, says state Rep. Carlos Guillermo Smith, D-Orlando, who just filed HB 6033 in tandem with Sen. Gary Farmer, D-Broward.
“It’s really important, because guns are a major cause of death and suicide,” Smith says. “Doctors simply ask about the common sense of their patients, like they ask about cleaning products, about chemicals in their pools. The fact that the Florida Legislature irresponsibly passed the first law of its kind is not only unconstitutional, it’s irresponsible.”
In a press release, Smith pointed to a report released by the Tampa Bay Times in February that revealed that nearly 3,200 children under the age of 17 were killed or injured by guns between 2010 and 2015, equaling one child shot every 17 hours.
“Once again, the courts have struck down an extreme and unconstitutional law passed by the Florida Legislature,” Smith said in a statement. “Physicians have the constitutionally protected right, as well as the moral obligation, to discuss common sense gun safety precautions that protect patients and their families while in the home.”
Smith says it’s as much about the First Amendment (free speech) as it is the Second Amendment (gun rights).
“We’re repealing this law so that we clarify the First Amendment rights for doctors and to clarify the Second Amendment,” he says.
The court clearly agrees.
“As part of their medical practices, some doctors routinely ask patients about various potential health and safety risks, including household chemicals, drugs, alcohol, tobacco, swimming pools, and firearms. A number of leading medical organizations, and some of their members, believe that unsecured firearms ‘in the home increase risks of injury, especially for minors and those suffering from depression or dementia,” the ruling reads. “In an effort to prevent and reduce firearm-related deaths and injuries, particularly to children, the American Medical Association ‘encourages its members to inquire as to the presence of household firearms as a part of childproofing the home and to educate patients to the dangers of firearms to children.”
So far, Smith says, there has been no reaction from the gun lobby or, more precisely, the National Rifle Association, at least that he’s heard. He drafted the repeal months ago, so this is just the beginning, he says.
“I think it’s important to draw attention to the fact that the Republicans of the legislature have made a habit of passing unconstitutional laws,” he says. “The legislature has spent millions of dollars to defend laws like this in court. I hope this bill sends a message that the legislature needs to stop wasting our money and time with this foolishness.”
