Obamacare Protects the Second Amendment!?

December 30th, 2012

Apparently the NRA pushed to have a provision inserted into the Affordable Care Act that restricts “the ability of doctors to gather data about their patients’ gun use — a largely overlooked but significant challenge to a movement in American medicine to treat firearms as a matter of public health.”

The provision says that “wellness and prevention” portions of the health-care law “may not require the disclosure or collection of any information” relating to the “presence or storage of a lawfully-possessed firearm or ammunition in the residence or on the property.” Further, the measure says the law cannot be used to “maintain records of individual ownership or possession of a firearm or ammunition.” It adds that the price of health coverage may not be affected by the ownership, possession or use of guns.


And it was added “quietly”

The deal to add gun language to the health-care bill was struck so quietly that several top officials in the Obama administration and in Congress had no idea the passages had been added until approached by The Washington Post last week.

A White House official, who spoke only on the condition of anonymity, said the provision was “added into the health-care bill on the Senate floor.” For explanation on what happened, the official added, “I’d send you to the Hill.”

It’s like making sausage. But it’s good enough, it’s smart enough, and dog-gone-it, people like it!

Sen. Al Franken (D-Minn.), who sits on the Senate health committee, said he was aware of the late addition and found it “objectionable.” But, he said, “it’s helpful to remember that we were in the position of having to get 60 votes from 60 senators. And as a result, some things ended up in the bill for reasons I was not privy to and were certainly not to my liking.”

This provision was “discovered only in recent days.” Discovered? After three years of litigation, nothing about this came up?

On the provision added to the Obama health-care overhaul, Arulanandam said the group requested the language in response to concerns that insurance carriers might use data collected as part of the law to “discriminate” against gun owners. The NRA “worked with people on the Hill and members of Congress” to ensure the provision was included in the final legislation, he said.

This provision hits the George Mason Trifecta. Public choice theory (1), being use to advance the Second Amendment (2), while limiting government’s ability to inquire into personal issues (3).

I guess Speaker Pelosi was right. We needed to pass the law to find out what was in it!