Obamacare Amendment Does Not Forbid Gun and Ammo Registration

obama-healthcare-public-option

Hot Air and Big Government linked to a report by CNN’s Jim Acosta claiming a hidden section in the Obamacare legislation is “a gift to the nation’s powerful gun lobby” orchestrated by Senate Majority Leader Harry Reid (D-NV).

Big Government even goes so far as to claim that reports are that the “amendment says the government cannot collect ‘any information relating to the lawful ownership or possession of a firearm or ammunition.’” Other’s are repeating the same

The problem is that Senate amendment 3276, Sec. 2716, part c.only relates to the Affordable Care Act (Obamacare):

(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.’.

In a nutshell, under Obamacare you can’t be required to provide information to doctors or health plans about legally owned guns, nor can your insurance rates be affected by such ownership. The government, in the execution of Obamacare, cannot collect information about or use information from other government databases about legally owned guns.

There’s noting in there that prevents the another agency from implementing gun and/or ammunition registration. If such an agency (BATF, DOJ, FBI, etc.) did implement such a scheme it would be illegal for the government to use such data in the execution of Obamacare’s mandates – that is all…

Shortlink:

Posted by on January 10, 2013.
Filed under Gun control, Health Care, Obamacare.
Doug Johnson is a news junkie and long time blog reader, turned author.

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  • Commander_Chico

    Ammunition registration is an interesting question.

    They can print little Kevlar tags with registration numbers and cast them into bullets. In theory, the bullet can be traced back to the purchaser.

    Law Enforcement wants this in the worst way.

    • UOG

      That sounds to me like the basis for a black-market in reloads, Chico.

    • http://www.rustedsky.net JLawson

      Got a link for the ‘law enforcement’ thing? I’m curious on that, and it’s not coming up in Google.

      I remember a decade or two back there was discussion about ‘taggants’ in explosives, and wondering why it wouldn’t be possible to put them in normal firearm powders. As I recall, the idea was abandoned because there wasn’t any real practicality to the idea. You could do it, but recovering the microscopic taggants was iffy at best, and the results wouldn’t have been worth the cost. All you’d get was an ID on the powder batch, which would be essentially useless.

      Seems to me this kevlar tag idea isn’t terribly practical either. It’s not like there aren’t already billions of rounds available. Ammo doesn’t spoil in six months or so – I’ve got stuff from the ’70s that hasn’t had a fail. If the tag is cast into the bullet, then you’ve got to have a database to track it – and I can’t see that the cost of such an endeavor would be worth the utility.

      BTW, apparently Canada is looking to abandon its long-gun registry. No real problems with compliance, but after $2 billion down the tubes they’re really questioning whether it does any good at all.

    • GarandFan

      The cops I worked with knew this was BS. Most crooks STEAL the guns and ammo that they use. It’s a neat idea, but so was ‘ballistic fingerprinting’. Maryland has tired it. Spent MILLIONS, and accomplished nothing. The only case ever solved with this technology was on TV. Same goes for the ‘firing pin’ marking of shell casings. Takes 30 seconds or less to use a Dremmel tool to defeat that.

      Interesting that when I go to the local gun shop to pick up smokeless powder for reloading, my purchase is reported to the county sheriff. Yet Joe Citizen can go to the local feed store and purchase 1000 pounds of ammonium nitrate with no questions asked. He can then drive by the local gas station and purchase a couple hundred gallons of diesel fuel, and again, no record is kept.

      • Commander_Chico

        I don’t think you can buy 1000 pounds of ANFO grade NH4NO3 without questions anymore.

        • http://PalTalk.com Charles O McVey Sr.

          Actually if you reside in what is known as a farming community you can make such a purchase.

    • GarandFan

      The cops I worked with knew this was BS. Most crooks STEAL the guns and ammo that they use. It’s a neat idea, but so was ‘ballistic fingerprinting’. Maryland has tired it. Spent MILLIONS, and accomplished nothing. The only case ever solved with this technology was on TV. Same goes for the ‘firing pin’ marking of shell casings. Takes 30 seconds or less to use a Dremmel tool to defeat that.

      Interesting that when I go to the local gun shop to pick up smokeless powder for reloading, my purchase is reported to the county sheriff. Yet Joe Citizen can go to the local feed store and purchase 1000 pounds of ammonium nitrate with no questions asked. He can then drive by the local gas station and purchase a couple hundred gallons of diesel fuel, and again, no record is kept.

    • Vagabond661

      Do you honestly think criminals would then purchase said bullets with their credit card info?

      • LiberalNightmare

        Maybe with a stolen credit card.

      • Commander_Chico

        the idea would be that you show a driver’s license or something.

        • retired.military

          That would be RAAAAACCCCIIIISSSSTTTT!!!!!

          Having to show an ID card to buy ammo but not to vote.

          • http://www.traveLightgame.com/ ljcarolyne

            Hahahahahaha!

        • Vagabond661

          If the crook stole a gun, why wouldn’t he steal the bullets too. I am sorry but that is a stupid idea.

          Better yet make it illegal for crooks to buy bullets. No wait make it illegal for crooks to commit a crime with a gun. No wait make it illegal for crooks to commit a crime.

          • http://www.traveLightgame.com/ ljcarolyne

            You got it!!! Very good – what a bunch of idiots in Washington DC!
            GRRRRRRRRRRRRRRRR

    • jim_m

      Law Enforcement wants this in the worst way.

      That’s our Chico, ever the apologist for totalitarian expansion of government.

      • Commander_Chico

        I am not law enforcement. Do you understand that commenting on others’ wishes does not necessarily mean sharing those wishes, or are you cognitively limited?

    • http://www.traveLightgame.com/ ljcarolyne

      Kinda sorta like Fast and Furious, huh!

    • http://PalTalk.com Charles O McVey Sr.

      Try again, that does not work.

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  • http://www.facebook.com/people/Steve-Sturm/100000503565479 Steve Sturm

    You’re wrong, sort of.

    The text cited says that nothing in Obamacare authorizes collecting such data, period. But it isn’t limited to data collected in the implementation of Obamacare, the broad language means that the government can’t use the text of Obamacare to justify collecting data for any purpose.

    But the language also doesn’t BAN the government from collecting such data pursuant to authorization from other legislation. You are correct that, for example, the ATF could do so. It just couldn’t use anything in Obamacare as the justification.

    Besides, all of this discussion is irrelevant. If Obama wants to build such a database, he’s going to do it and regardless of whether the law allows him to. As we’ve seen, he doesn’t let little things like the law keep him from doing what he wants to do.

  • Vagabond661

    Any registration of guns is an advantage to tyranny.

    • Brucehenry

      There was a 1792 Federal law requiring gun ownership by all qualifying males. I assume a law passed in 1792 was voted on by many of the Founding Fathers, right? It not only required ownership, but mandated that these males register on public rolls.

      I got that tidbit from a very interesting Atlantic article I read just now. I strongly recommend all Wizbang commenters take a look at it. Full of information that I, for one, did not know. Here’s the link:http://www.theatlantic.com/magazine/archive/2011/09/the-secret-history-of-guns/308608/?single_page=true

      • Vagabond661

        Well that was only half of the story. Here is the full quote:

        “A 1792 federal law mandated every eligible man to purchase a military-style gun and ammunition for his service in the citizen militia. Such men had to report for frequent musters—where their guns would be inspected and, yes, registered on public rolls.”

        I take that as different issue than simply the right to bear arms. If it’s a right, it’s not mandated. In this story in the Atlantic, they were REQUIRED to buy military style guns. Would this government do that now? Wouldn’t that be a hoot?

        Here is another perspective:

        The purpose of this Article is only to define those shares of liberty the Framers intended to retain and those given up in the context of the Second Amendment. By way of preview, this Article will contend that the original intent of the Second Amendment was to protect each individual’s right to keep and bear arms, and to guarantee that individuals acting collectively could throw off the yokes of any oppressive government which might arise. Thus, the right envisioned was not only the right to be armed, but to be armed at a level equal to the government.

        To determine the original intent of the Second Amendment, this Article will examine the history of armed citizens in England, the Federalist and Antifederalist debates, the meaning of the word “militia,” the constitutional ratification process, and the various state constitutions in existence at the time.

        http://www.constitution.org/2ll/2ndschol/89vand.pdf

    • Cavallo711

      Resistance to tyranny is obedience to God!

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  • retired.military

    Silly boys. Dont you know by now that in Obamerica the law means whatever Obama and Holder want it to mean.

    • http://www.traveLightgame.com/ ljcarolyne

      Well what is good for the goose: We The People can get guns on the black market, so We The People can also do what we want, in America. Those Washington gun running fast & furious bullies better watch their p’s & q’s or it’s going to back fire in their face! It already has and people know it!

      • http://PalTalk.com Charles O McVey Sr.

        I know a lot cheaper way, how many know how to make a slingshot, you need one, a couple bags of small rocks, learn to use a slingshot accurately. Then using steel ball bearings about a quarter of an inch thick, wait for a Soldier or Cop to be in an area out of his vehicle and alone. One steel ball bearing from a sling shot moving at about 60 mph impacting against said persons head, and you now have his/her side arm, the shot gun and assault rifle from the trunk of the Patrol Car, plus all of the ammunition he is carrying. Oh and one more thing take his badge, and ID as well as his or her DVL. They just may come in handy. Get the idea.

    • rita Braun

      I like that, ‘obamerica’ retired.military. I usually say ‘The Divided States of America’. Since he has been elected, that is what we are.

      • http://wizbangblog.com/author/rodney-graves/ Rodney G. Graves

        The ObamaNation.

  • Donna E. Dixon

    Oh- well- he forced Obamacare on all of us- so that covers all Americans- Isn’t that what he is cramming down our throats? You got it!!! Toyota

  • sigzero

    Except now Obama is calling for Doctors to do just this. Whoops.

    • Troof Detector

      I’ll tell my doctor “Its none of your damn business.”

  • sigzero

    Except now Obama is calling for Doctors to do just this. Whoops.

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  • http://www.facebook.com/ken.cariker Ken Cariker

    The Brady Handgun Control Act of 1993 under section 103 states that No department, agency, officer, or employee of the United States may–

    (1) require that any record or portion thereof generated by be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or

    (2) use the system established under this section to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons, probibited by section 922(g) or (n) of title 18, United States Code or State law, from receiving a firearm.

    Section 922 lists certain individuals who may not receive firearms; felons, mentally ill, drug addictions, illegal alients, etc.

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  • Cavallo711

    If wishes were horses beggars would ride, and if turnips were watches I’d wear one by my side while left wing fantasies would never collide! But as the schoolboy said….tough noogies!

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  • stevebsr

    hey , they are trying to pass a bill that checks people for mental illness. thats disclosing information. and have you ever heard of “shall not be infringed ” ?

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  • Troof Detector

    Steve its none of their damn business!

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  • http://twitter.com/RichardBlank Richard Blank

    OBAMACARE creates outsourcing in Latin America. Enacted in July 2010, The U.S. healthcare reform (“ObamaCare” or the “Patient Protection and Affordable Care Act”) is intended to pressure large and small employers through force and taxation. The end result will show North American companies deciding to send customer support, sales, lead generation and appointment setting jobs offshore or risk going out of business. Many will decide to hire a dedicated bilingual employee who is 100% committed to their project. ESL call center employees in Costa Rica are just as or more effective than transitional in-house staff. In addition, giving the owners the freedom to scale up their offshore staff without getting caught in the Obamacare challenge in 2014.

    http://www.obamacareoutsourcing.com/

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