دورية أكاديمية
Firearm Policy in the Hospital Setting-Recognizing Health Care as a "Sensitive Place".
| العنوان: | Firearm Policy in the Hospital Setting-Recognizing Health Care as a "Sensitive Place". |
|---|---|
| المؤلفون: | Romero JB; University of North Carolina School of Medicine, Chapel Hill., Aaron DG; S.J. Quinney College of Law, The University of Utah, Salt Lake City., Saver RS; University of North Carolina School of Law, Chapel Hill., Blocher J; Center for Firearms Law, Duke Law School, Durham, North Carolina. |
| المصدر: | JAMA [JAMA] 2024 Aug 27; Vol. 332 (8), pp. 658-661. |
| نوع المنشور: | Journal Article |
| اللغة: | English |
| بيانات الدورية: | Publisher: American Medical Association Country of Publication: United States NLM ID: 7501160 Publication Model: Print Cited Medium: Internet ISSN: 1538-3598 (Electronic) Linking ISSN: 00987484 NLM ISO Abbreviation: JAMA Subsets: MEDLINE |
| أسماء مطبوعة: | Original Publication: Chicago : American Medical Association, 1960- |
| مواضيع طبية MeSH: | Firearms*/legislation & jurisprudence , Hospitals* , Legislation, Hospital* , Supreme Court Decisions* , Facility Regulation and Control*/legislation & jurisprudence, Humans ; Government Regulation ; Gun Violence/legislation & jurisprudence ; Gun Violence/prevention & control ; State Government ; United States ; Wounds, Gunshot/prevention & control |
| مستخلص: | Importance: Hospitals are hot zones of the US gun injury epidemic. To shelter these facilities from the dangers of gun violence, state legislatures have enacted laws to reduce the carrying of firearms on hospital premises. However, these efforts currently face serious Second Amendment challenges in federal courts. The ongoing legal battles, which have wide-ranging implications for patient and clinician safety as well as public health generally, are setting the stage for a Supreme Court case that may decide the fate of firearm regulations in US hospitals. A permissible pathway for advancing sensible gun regulation in hospitals is urgently needed. Observations: Since the Supreme Court established a new constitutional test for firearm laws in New York State Rifle & Pistol Association v Bruen (2022), states now face unprecedentedly high barriers to enacting health-protecting legislation regarding firearms. Post-Bruen, the Supreme Court requires that laws be consistent with "this Nation's historical tradition of firearms regulation." This means that states hoping to enact laws barring public carry of firearms in hospitals must demonstrate that hospitals are a "sensitive place" as a historical matter (ie, analogous to a location where firearms were traditionally restricted). By reasoning from analogy, it is clear several historical comparators exist for regulating firearms in hospitals. Although the hospital (as understood today) did not exist in the 1700s, it is sufficiently analogous to asylums and schools, to name a few examples. These settings all share a common denominator with the modern-day hospital: serving vulnerable populations or individuals who may be at heightened risk of misusing firearms. Conclusions and Relevance: The Supreme Court's interpretation of the Second Amendment right to bear arms is threatening democratically enacted laws seeking to shelter hospitals from firearm violence. However, it is clear that hospitals and other health care settings are a sensitive place with compelling historical analogies. Policymakers' strategic deployment of the sensitive places designation, along with its rightful judicial recognition in the hospital setting, are critical to upholding laws that protect health care facilities, patients, and professionals from firearm violence-a conclusion consistent with the US Constitution, history, medical ethics, and common sense. |
| تواريخ الأحداث: | Date Created: 20240626 Date Completed: 20240827 Latest Revision: 20240910 |
| رمز التحديث: | 20240910 |
| DOI: | 10.1001/jama.2024.9994 |
| PMID: | 38922303 |
| قاعدة البيانات: | MEDLINE |
| تدمد: | 1538-3598 |
|---|---|
| DOI: | 10.1001/jama.2024.9994 |