While gun safety continues to be a blazing issue throughout our country, it should be little surprise that it is a prevalent topic in Florida’s medical community. On June 2, 2011, the Firearms Owners’ Privacy Act was signed into law. The Act prohibits physicians and health care facilities from asking patients, or patients’ family members, about firearms, from recording information about firearms in their patients’ medical records, and from unnecessarily harassing or discriminating against patients because of firearm ownership.

 

After the Act was codified, a number of physicians and physician interest groups challenged the law alleging the Act violated the First Amendment right to free speech. The U.S. District Court for the Southern District of Florida agreed with the physicians and physician interest groups, and granted summary judgment in their favor. Subsequently, Florida filed an appeal with the U.S. Court of Appeals for the Eleventh Circuit. Oral arguments have not yet been heard. At this time, Florida is enjoined from enforcing the provisions of the Firearms Owners’ Privacy Act.

 

For decades, the American Academy of Pediatrics and American Medical Association have encouraged physicians to provide safety counseling to their patients. For instance, the American Academy of Pediatrics implemented “The Injury Prevention Program (TIPP),” which recommends that physicians discuss safety precautions with their patients, such as securely storing firearms, making children wear a bicycle helmet, and installing gates on stairways. The American Medical Association published its policy on the prevention of firearm accidents in children (1), which encourages its members to inquire about the presence of household firearms as part of childproofing the home, educate patients on the dangers of firearms and children, and to remind patients to store ammunition separately from firearms, among other things.

 

If the Act is upheld, healthcare providers in Florida would be prohibited from asking and counseling their patients about firearms. However, until we learn what the Eleventh Circuit will rule, healthcare providers may ask their patients, or patients’ family members, about firearms.