Constitutional Law

If a Patient Has a Cold, Why Does a Doc Need to Know About Guns, a Federal Judge Wonders

Physicians fighting a Florida law that restricts them from asking all patients about guns or dropping a patient simply because he or she has a firearm could be facing an uphill legal battle.

During a court hearing today on a lawsuit filed by several physician groups, an assistant attorney general said the doctors are misreading the statute and a federal judge expressed skepticism about their case, reports the Associated Press.

The physicians say asking about guns, as a number of standard questionnaires do, is a legitimate inquiry about patient health.

“What’s relevant about asking about my gun when I came in with a cold?” said U.S. District Judge Marcia Cooke. “Maybe it’s the other way around. Maybe the questionnaire is overbroad and not the statute.”

We welcome your comments, but please adhere to our comment policy and the ABA Code of Conduct.

Commenting is not available in this channel entry.