'Secret' Obamacare Provision Forbidding Exec Order To Regulate Guns And Ammo

[doublesharp]

Gun Advocates Celebrate 'Secret' Obamacare Provision Forbidding Exec Order To Regulate Guns And Ammo - Forbes

Thanks to the mods for permitting posting of properly attributed copyright material.

Apparently Obamacare included language that expressly forbids executive orders being used to curtail 2nd amendment rights in order to keep the NRA from vehemently opposing OC. Who said "you've got to pass it so we can see what's in it"? This ties right into Dave Keith's thread about the written word and it will be interesting to see how the lefties spin this. I think we're gaining more traction everyday and now is the time to increase the efforts to recruit for the NRA and make noise to your elected officials.

From the article:

For these reasons, the following language did, indeed, become a part of the nation's controversial health care reform law:

(c) PROTECTION OF SECOND AMENDMENT GUN RIGHTS.—

''(1) WELLNESS AND PREVENTION PROGRAMS.— A wellness and health promotion activity implemented under subsection (a)(1)(D) may not require the disclosure or collection of any information relating to—

''(A) the presence or storage of a lawfully- possessed firearm or ammunition in the residence or on the property of an individual; or

''(B) the lawful use, possession, or storage of a firearm or ammunition by an individual.
''

(2) LIMITATION ON DATA COLLECTION.—None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used for the collection of any in- formation relating to—

''(A) the lawful ownership or possession of a firearm or ammunition;

''(B) the lawful use of a firearm or ammunition; or

''(C) the lawful storage of a firearm or ammunition.

''(3) LIMITATION ON DATABASES OR DATA BANKS.—None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used to maintain records of individual ownership or possession of a firearm or ammunition.

 

[Moonman]

Don't read too much into this, SOME PEOPLE ARE.

HANDEJECTOR HAS A POST ABOUT IT.

MAIN THING IS TO KEEP INSURANCE COMPANIES FROM CHERRY PICKING.

 

[lhump1961]

One problem I see in the wording is "lawful"...laws can be changed.

 

[silentflyer]

Only the lawyers will win the $$$ in the end...

 

[4Js]

What makes anyone think this regime will pay any attention to the constitution or any written law? (Even laws they've written) They've shown nothing but contempt for either since the beginning.

 

[handejector]

This is being acclaimed all over the net as our salvation.
Sorry, folks, but it just ain't so!

All it really says is your healthcare people cannot collect data on your guns.
Also note that it only applies to "lawful" possession.

Nice try, but NO cigar.

HELP spread the word on the net!!!!!



Full text of the Senate amendment 3276:
Patient Protection and Affordable Care Act - Senate Vote: Baucus Amdt. No. 3183 | MapLight - Money and Politics

Scroll a little way down to the pertinent section of the amendment: (e)Section 2717, which is quoted below:
____________________________________

(e) Section 2717 of the Public Health Service Act, as added by section 1001(5) of this Act, is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
(2) by inserting after subsection (b), the following:
``(c) Protection of Second Amendment Gun Rights.--
``(1) WELLNESS AND PREVENTION PROGRAMS.--A wellness and health promotion activity implemented under subsection (a)(1)(D) may not require the disclosure or collection of any information relating to--
``(A) the presence or storage of a lawfully-possessed firearm or ammunition in the residence or on the property of an individual; or
``(B) the lawful use, possession, or storage of a firearm or ammunition by an individual.
``(2) LIMITATION ON DATA COLLECTION.--None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used for the collection of any information relating to--
``(A) the lawful ownership or possession of a firearm or ammunition;
``(B) the lawful use of a firearm or ammunition; or
``(C) the lawful storage of a firearm or ammunition.
``(3) LIMITATION ON DATABASES OR DATA BANKS.--None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used to maintain records of individual ownership or possession of a firearm or ammunition.
``(4) LIMITATION ON DETERMINATION OF PREMIUM RATES OR ELIGIBILITY FOR HEALTH INSURANCE.--A premium rate may not be increased, health insurance coverage may not be denied, and a discount, rebate, or reward offered for participation in a wellness program may not be reduced or withheld under any health benefit plan issued pursuant to or in accordance with the Patient Protection and Affordable Care Act or an amendment made by that Act on the basis
of, or on reliance upon--
``(A) the lawful ownership or possession of a firearm or ammunition; or
``(B) the lawful use or storage of a firearm or ammunition.
``(5) LIMITATION ON DATA COLLECTION REQUIREMENTS FOR INDIVIDUALS.--No individual shall be required to disclose any information under any data collection activity authorized under the Patient Protection and Affordable Care Act or an amendment made by that Act relating to--
``(A) the lawful ownership or possession of a firearm or ammunition; or
``(B) the lawful use, possession, or storage of a firearm or ammunition.''.

 

[Stophel]

One problem I see in the wording is "lawful"...laws can be changed.

You hit the nail right slap on the head. What is "lawful" today, can be "unlawful" tomorrow (and likely will be).

And just because BarryCare cannot be a part of gun registration, don't mean it won't happen some other way (and it already has. You remember that form you filled out when you bought that gun? How about the phone call the dealer had to make for the NICS check? But, they're supposed to wipe that information from their records within 24 hours, you say? Yeah, sure....). The central government is just as adept at breaking laws as it is at making them.

Besides, given the technology today, and the fact that our benevolent government monitors EVERYTHING we do, especially electronically, believe you me, they know full well who you are, what your beliefs are, who you talk to, and what you say, what kind of car you drive, what you look like, where you go, who you hang out with, what you buy, what you sell, what you read, who your doctor is, who you sext with on Facebook, what your favorite hamburger joint is, how much change is in your pocket, and how many holes are in your underwear. They no longer need an actual "registration".

I'm sure I've been on the "list" for years, as have virtually everyone else participating on this discussion board.

;-)

 

[Rule3]

Read the whole thing. As Lee has pointed out, it really means nothing relating to the current situation. it's pretty much they can not collect information on guns through the health care system.

 

[sipowicz]

But if I take my sick gun to a gunsmith, is it still covered under the new plan?