Rick Scott: Appeal Filed Backing Law to Prohibit Docs Asking about Guns

Florida will challenge the June 29 ruling by a federal judge that blocked the state from prohibiting doctors from discussing gun ownership with their patients.

The Department of Health today filed an appeal to the federal court decision blocking enforcement of the Firearm Owners Privacy Act, Gov. Rick Scott announced in a statement.

This law was carefully crafted to respect the First Amendment while ensuring a patients constitutional right to own or possess a firearm without discrimination. I signed this legislation into law because I believe it is constitutional and I will continue to defend it.

U.S. District Judge Marcia Cooke sided with groups of physicians that claimed the state law violated their free-speech rights.

Legislature approved the Firearm Owners Privacy Act in 2011 after an Ocala parent refused to answer a doctors questions about gun ownership.

The lawsuit, dubbed Docs vs. Glocks, has pitted the Florida Pediatric Society, Florida Academy of Family Physicians and Washington-based Brady Center to Prevent Gun Violence against the National Rifle Association, which was blocked by Cooke from intervening on behalf of the states in the lawsuit.

Under the law, licensed health care providers and health care facilities --

-- must refrain from inquiring, whether oral or written, about the ownership of firearms or ammunition unless the information is relevant to the patients medical care or safety, or the safety of others;

-- are prohibited from discriminating against a patient based upon whether the patient exercises his or her constitutional right to own and possess firearms or ammunition;

-- must respect a patients right to own or possess a firearm and refrain from harassing a patient about firearm ownership during an examination.