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ObamaCare Could be Used to Ban Guns in Home Self-Defense
-- Important vote to occur on Tuesday

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://gunowners.org

Friday, October 9, 2009

Senate Finance Committee Chairman Max Baucus has something to say to gun owners: "Own a gun; lose your coverage!"

Baucus' socialized health care bill comes up for a Finance Committee vote on Tuesday. We have waited and waited and waited for the shifty Baucus to release legislative language. But he has refused to release anything but a summary -- and we will never have a Congressional Budget Office cost assessment based on actual legislation. Even the summary was kept secret for a long time.

But, on the basis of the summary, the Baucus bill (which is still unnumbered) tells us virtually nothing about what kind of policy Americans will be required to purchase under penalty of law -- nor the consequences. It simply says:

* "all U.S. citizens and legal residents would be required to purchase coverage through (1) the individual market...";

* "individuals would be required to report on their federal income tax return the months for which they maintain the required minimum health coverage...";

* in addition to an extensive list of statutorily mandated coverage, HHS Secretary Kathleen Sebelius would be empowered to "define and update the categories of treatments, items, and services..." within an insurance plan which would be covered in a policy constituting "required minimum health coverage."

ObamaCare and gun control

It is nearly certain that coverage prescribed by the administration will, to control costs, exclude coverage for what it regards as excessively dangerous activities. And, given Sebelius' well-established antipathy to the Second Amendment -- she vetoed concealed carry legislation as governor of Kansas -- we presume she will define these dangerous activities to include hunting and self-defense using a firearm. It is even possible that the Obama-prescribed policy could preclude reimbursement of any kind in a household which keeps a loaded firearm for self-defense.

The ObamaCare bill already contains language that will punish Americans who engage in unhealthy behavior by allowing insurers to charge them higher insurance premiums. (What constitutes an unhealthy lifestyle is, of course, to be defined by legislators.) Don't be surprised if an anti-gun nut like Sebelius uses this line of thinking to impose ObamaCare policies which result in a back-door gun ban on any American who owns "dangerous" firearms.

After all, insurers already (and routinely) drop homeowners from their policies for owning certain types of guns or for refusing to use trigger locks (that is, for keeping their guns ready for self-defense!). While not all insurers practice this anti-gun behavior, Gun Owners of America has documented that some do -- Prudential and State Farm being two of the most well-known.

The good news is that because homeowner insurance is private (and is still subject to the free market) you can go to another company if one drops you. But what are you going to do under nationalized ObamaCare when the regulations written by Secretary Sebelius suspend the applicability of your government-mandated policy because of your gun ownership?

All of this is in addition to something that GOA has been warning you about for several months ... the certainty that minimum acceptable policies will dump your gun information into a federal database ... a certainty that is reinforced by language in the summary providing for a study to "encourage increased meaningful use of electronic health records."

Remember, the federal government has already denied more than 150,000 military veterans the right to own guns, without their being convicted of a crime or receiving any due process of law. They were denied because of medical information (such as PTSD) that the FBI later determined disqualified these veterans to own guns.

Is this what we need on a national level being applied to every gun owner in America?

Incidentally, failure to comply would subject the average family to $1,500 in fines -- and possibly more for a household with older teens. And, although a Schumer amendment purports to exempt Americans from prison sentences for non-purchase of an ObamaPolicy -- something which was never at issue -- it doesn't prohibit them from being sent to prison for a year and fined an additional $25,000 under the Internal Revenue Code for non-payment of the initial fines.

ACTION: Contact your two U.S. Senators. Ask him or her, in the strongest terms, to vote against the phony Baucus bill.

You can use the Gun Owners Legislative Action Center at http://www.gunowners.org/activism.htm to send your senators the pre-written e-mail message below.

----- Pre-written letter -----

Dear Senator:

You already know that the phony Baucus bill:

* Is predicated on $283 billion in phony "cuts" which have never, never ever been realized since a similar commitment to cut Medicare costs in the Balanced Budget Act of 1997 -- and will never, never ever be realized under the Baucus bill;

* Requires massive numbers of Americans to have government-approved insurance which the CBO predicts will be more expensive than current policies;

* Refuses to provide a cost for these policies, making it almost certain that more and more Americans will find insurance beyond their reach;

* Has no legislative language and nothing but a CBO "guesstimate" of the cost and benefits, based on a summary.

On the basis of the summary, the Baucus bill tells us virtually nothing about what kind of policy Americans will be required to purchase under penalty of law -- nor the consequences. It does say that the "Secretary of HHS [Kathleen Sebelius] would be required to define and update the categories of treatments, items, and services..." within an insurance plan which would be covered in a policy constituting "required minimum health coverage."

This could spell trouble for gun owners.

It is nearly certain that coverage prescribed by the administration will, to control costs, exclude coverage for what it regards as excessively dangerous activities. And, given Sebelius' well-established antipathy to the Second Amendment -- she vetoed concealed carry legislation as governor of Kansas -- I presume she will define these dangerous activities to include hunting and self-defense using a firearm. It is even possible that the Obama-prescribed policy could preclude reimbursement of any kind in a household which keeps a loaded firearm for self-defense.

This is, of course, in addition to the certainty that minimum acceptable policies will dump my gun information into a federal database -- a certainty that is reinforced by language in the summary providing for a study to "encourage increased meaningful use of electronic health records."

Incidentally, failure to comply would subject the average family to $1,500 in fines -- and possibly more for a household with older teens. And, although a Schumer amendment purports to exempt Americans from prison sentences for non-purchase of an ObamaPolicy -- something which was never at issue -- it doesn't prohibit them from being sent to prison for a year and fined an additional $25,000 under the Internal Revenue Code for non-payment of the initial fines.

Please oppose the Baucus bill.

Sincerely,
 
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There are several misrepresentations in this alert. I emailed GOA pointing out six of them. Their response, which I just got, was pretty sad. We have got to stick to the truth when lobbying for our RKBA or we're doomed.

Bob
 
I dislike doing this because I hate long posts, especially with long quotes, as they take up Lee's bandwith and get boring real quick. But, per your requests, here's my email to GOA and the response, unedited except for identifying info.

If any of you can figure out what State Farm "underpaying" claims or automobile accidents in AZ have to do with guns, let me know. And Max Baucus("Own a gun; lose your coverage" per GOA) is NRA "A" rated from extremely gun friendly Montana.

My email to GOA:

Sirs,

Your legislative update has been refered to me through a popular firearms forum. It is an embarrassment to every gun owning American and a disservice to our Second Amendment cause.

First, your reference to a "shifty" Baucus because they only are releasing summary language. That is how the Senate Finance Committee does it and has always done it. To imply that it is being done only in this instance is a gross misrepresentation.

The dangerous activities paragraph and the one that follows are outright lies. They cannot even be considered remote speculation. The next paragraph about homeowners insurers dropping gun owners in also a lie. I have many guns and have had State Farm insurance for decades.

There is nothing in any of the legislation currently being considered about firearms being controlled by Secretary Sebelius or firearms ownership being included in any healthcare database.

Your sending these "facts" to the gun owning community and urging them to make fools of themselves writing their legislative leaders is irresponsible. Don't look for any contributions from me for this type of junk.

xxxxxxxxxxxxxxxxx
NRA Endowment Member


GOA response:

Thank you for the note.

Several of you have written in challenging our information on State Farm and Prudential with respect to firearms. So this is a note to all of you who wrote in over the weekend and holiday day.

First, here is the link to our information:
gunowners.org/op0231.htm ; .

Lastly this is the article to which the above link will take you just in case the link does not work for you:

THE ARTICLE


5/2002 State Farm, Prudential Don't Like Guns

State Farm And Prudential Don't Like Guns
by
Larry Pratt

Gary Atkinson, a South Carolina businessman and Del Bruno, a Connecticut cop, have had a common problem. When their insurance companies found out that they were involved with guns, they had their insurance coverage canceled.

Del Bruno sought a homeowners policy for his new condo. Just after taking out his policy with Prudential, they wanted a list of his guns and their serial numbers upon learning that he owned firearms. For whatever reason, they decided that the Mossberg 500 was a no-no, and they cancelled his policy.

Prudential was of the opinion that Bruno's shotgun was not a sporting weapon, the only kind they will insure.

Gary Atkinson had been with State Farm for 34 years. He wanted to be sure his homeowners policy was up to date, especially -- as he told his agent's assistant -- since he has a pool and a shooting range on an adjacent property. "A shooting range?" (Forget the fact that pools are more dangerous. The magic word is GUN.)

Atkinson got a call from his agent the next day telling him he had seven days to find a new policy. Then State Farm was going to cancel him. Atkinson brought the agent to the adjacent property to see his range. It is actually rather professional, since Atkinson has heavy equipment, which his company makes. He used the equipment to make berms in front of hills that were already on the property.

Gary got a million dollar liability policy through the NRA to cover the range and offered to sign a total waiver of responsibility for State Farm on any firearm related claims. All of this was to no avail.

After some research, Atkinson learned that State Farm has canceled other people in other parts of the country. It seems they have -- for the agents -- a permissive policy. If the agent wants to cancel a gun owner, they can do so at their own discretion.

Atkinson was told by his agent that no company would insure someone like him. That is when Atkinson found out about Lockton Risk Services in Kansas City, MO (phone: 913-676-9150). They referred him to three insurance companies -- Farm Bureau, Nationwide and American National Property and Casualty.

Gary ended up switching all of his insurance to American National and saving money from what he had been paying State Farm.

One of his last conversations with his State Farm agent involved his discovery that she had the discretion to cancel him, not the requirement to do so. When he told her that he would tell others what State Farm had done to him, she retorted: "What are you going to be able to do by yourself?"

When Gary told me that, I decided that others should know about this anti-self-defense policy at State Farm (and, of course, at Prudential).

Hopefully there is one more reason you may decide to cancel your State Farm Policy -- they are anti-customer in general.

An investigative reporter for New Times found that State Farm has a national policy of underpaying claims. The policy even extends to dragging out lawsuits that any disappointed claimants might file against them in order to increase the cost of litigation to the point of forcing them to settle for less than the policy is worth.

You can go to the web page of Grass Roots South Carolina (
www.scfirearms.org) and see the whole story with a very nice piece of artwork to represent Snake Farm Insurance Company.

After you have canceled your Snake Farm insurance policy, you might want to let them know why. Mr. Edward Rust is the president of State Farm Fire and Casualty Company in Bloomington, IL. The phone there is 309-766-2311.

And don't forget to let Prudential know why you have cancelled them if you have a policy with them. Their phone number at their Newark, NJ headquarters is: 1-800-562-8838.

See the archives at
www.gunowners.org/radio.htm to listen to my interview on Live Fire with Gary Atkinson.

Addendum by Arizona Second Amendment attorney David Hardy:

Figured you might want to know that in Arizona, [State Farm] is infamous for bad faith and underpayment.

Just did a computer search for Arizona appellate cases with "insurance" and "bad faith." Of the most recent 50, 15 are State Farm. Runners up are Farmers, with 3 cases, and Ticor, with 2. You can see how they stand out.

A few samples: Clearwater v. State Farm Mutual Automobile Insurance Co., 792 P.2d 719, 164 Ariz. 256 (Ariz. 05/01/1990). Auto accident, insured had a $50,000 liability policy. The injured party offered to settle for that, State Farm refused (and didn't even tell their insured about it). Injured party sued and won $125,000 -- $75,000 of which would have come out of the insured's pocket. State Farm lost on a bad faith failure to settle claim.

Deese v. State Farm Mutual Automobile Insurance Co., 838 P.2d 1265, 172 Ariz. 504 (Ariz. 10/02/1992). Supreme Court upholds an award of punitive damages against State Farm for bad faith refusal to settle a claim for medical expenses.

Bradshaw v. State Farm Mutual Automobile Insurance Co., 758 P.2d 1313, 157 Ariz. 411 (Ariz. 05/18/1988). The insured ran a stop sign and was hit by a police car, which had lights and sirens on. The officer was seriously injured. State Farm paid off its insured's damages, took over their rights to sue, and caused a suit to be filed against the police officer.

Its own claims committee had concluded that it had no case -- the fault was that of its insured, not the officer, and a company official had written that suing the officer might be a good "defensive" strategy. The officer counterclaimed for malicious prosecution, the jury awarded him two million dollars in punitive damages; the trial judge reduced that to one million. Arizona Supreme Court affirmed. It also noted that State Farm has annual revenues of $700 million and unassigned cash reserves of five billion. It concluded:

There was evidence that State Farm acted intentionally, without subjective belief in the merits of the lawsuit it instituted, and that it was aware its action was unfounded and untenable. The evidence thus would support the ultimate inference that State Farm sought its own legitimate objective -- settlement for as little as possible -- by improper means, knowingly harassing and coercing the Bradshaws through filing an unjustified lawsuit. Thus, the jury could have concluded that State Farm knowingly acted improperly to serve its own interests and consciously disregarded a "substantial risk of significant harm to others".


Robert Duggar
Gun Owners Of America
8001 Forbes Place, Suite 102
Springfield, VA 22151

 
Thanks, bk43. Your letter was quite good, in my opinion. GOA cherry picks are no help supporting the 2nd Amendment.
 
I've been with State Farm for about 25 years and never had a problem. They know I have guns too because we got burgled once about 10 years ago, and they paid up promptly. Plus, the article referenced is more than 7 years old.

I know they mean well, but sometimes the hysterical tone of the GOA reports gets to be annoying.
 
I too have been with State Farm for all my insurance needs for over 45 years - they know I have guns, never had any problems - always prompt in paying claims. I agree with Norad45 with his assessment of GOA: "I know they mean well, but sometimes the hysterical tone of the GOA reports gets to be annoying." , but GOA has been instrumental in pushing back of killing anti gun legislation - I know, my Reps have acknowledged GOA's influence when it comes to derailing bad 2nd amendment legislation.

Pete
 
My first and current insurance company. They've carried the home owners on each of the three homes I've owned. No problems and no questions ever asked. You folks know GOA better than I do, so I'll rely on your opinions and concerns when it comes to them?
 
When I was stationed at the Pentagon, I met (briefly) the founder of GOA and shot with several NRA staff, including their chief lobyist at the time. All were good people.
My impression was (and is) that the GOA founder and staff were perhaps a little shrill and interested is "showing up" the NRA- from whence most came.

I think we all need to be as accurate with our facts as possible and refrain from sibling rivalry with other established pro-gun organizations. And that's about all I want to say on the subject, for the same reason.
 
I stick with the NRA for all my information. I have looked at several other pro-gun groups as well as the GOA. The GOA does not have our best interest in mind. JMHO
 
No problem with Sate farm in 25 years as far as guns.

But, they are planning to leave Florida, so I guess I have to find another home owners insurance company.

Bob
 
Slight tread drift, but I have lost my homeowners insurance to Middlesex Mutual assurance co. 10 years ago, because I had firearms listed as personal property. I changed insurance and picked up insurance thru the NRA. Much cheaper too.
So I do understand the GOA angle.

Plus the agent questioned me on how I store my ammo....
 

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