Many on the right have been focusing on a provision hidden deep within the 2,800 page Obamacare legislation that prohibits the Feds from regulating guns and ammo and collecting data on legal gun-owners. CNN called it a “gift to the nation’s powerful gun lobby.” But does it really prohibit Obama from issuing a sweeping executive order banning guns?
There is a small provision in Obamacare entitled, “Protection of Second Amendment Rights” in Section 2716, part c. In fact, it was included courtesy of Harry “NRA” Reid. It was his way of preventing the NRA, one of his big contributors, from fighting Obamacare, which they threatened to do unless they got a provision in it that they could brag about to their members. Here’s what that section says:
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.
- 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.
- 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.
This provision relates only to the Department of Health and Human Services. It doesn’t apply to, say, the Department of Justice or President Obama himself. It basically prevents doctors and any other officials that fall under the jurisdiction of HHS from collecting data on legal gun owners or regulating firearms.
What do guns have to do the Affordable Care Act anyway? Well, I’m sure liberals would make the argument that guns are by nature bad for one’s health because of the damage they can inflict on people. But this little provision in effect prohibits health care providers from collecting firearm-related data on patients and reporting it to authorities.
Even if there were a provision that clearly stated that such executive orders or laws that sought to ban guns were prohibited, what would stop the Obama administration from breaking that law? He already shirks the law every chance he gets, and an executive order as illegal as it would be, would not be out of character for Obama.
Alas, the fight is far from over. In fact, it’s hardly begun. Perhaps this was a fast one pulled by the liberals to get the gun-owners to shut up. But we don’t need to be looking at a piece of legislation like Obamacare to show that what the Obama administration is doing is illegal. We have the Constitution, a clearer, simpler and much more brief document that Obamacare.