ObamaCare in Conflict With Obama’s Gun Control Plan?
Conflicting Orders

The problem is that for some time now doctors and other health care providers (most notably the Veterans’ Administration) were required to ask you about guns and ammunition in your house, and to record your response in your medical records. The same medical records that are required to be computerized (guess why…).

Here are the two of the 23 executive orders that Obama issued in this regard:

Obama’s 23 Executive Orders on Gun Control
16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.
17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.

The problem is, there IS TOO a federal law that PROHIBITS doctors and other health care providers from asking just this very thing, and frees you from the requirement to answer. It is none other than obamacare, the very same bill that Congress “just had to pass it to find out what’s in it.” The joke is on them; they are finding out now… So,

Do you have a gun in your house?

According to the obamacare law formerly considered as HR 3590 and, after being passed and signed, now formally known as

124 STAT. 119 PUBLIC LAW 111–148—MAR. 23, 2010
Section 10101, Amendments to Subtitle A
SEC. 2716, Prohibitions on Discrimination in Favor of Highly Compensated Individuals
subsection (c) Protection of Second Amendment Gun Rights
paragraphs (1), (2), (3), (4) and (5),

they are NOT allowed to ask, and you are NOT required to answer:

(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 Protec
tion 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.’’

The LAW is clear. And to the extent we still have a constitutional republic, not yet an imperial presidency and arbitrary rule by edict, the law overrides any executive order.

 

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