I’ve heard this mentioned by Rush Limbaugh on his show, and seen numerous references to it on the interwebs. Folks seem to be in a tizzy that those stupid Democrats kicked themselves in the ass by inserting a provision into the Obamacare bill that they jammed down our throats last year that doesn’t allow the government to require gun and ammo registration. This is, of course, a hot topic these days, now that our progressive overlords are looking for a way to prevent another Newtown incident – they can’t, but they won’t mind infringing on your liberties while they try.
Here’s one outlet’s take on the miraculous provision:
Good news — it has become known that hidden deep within the massive 2800-page bill called Obamacare there is a Senate Amendment protecting the right to keep and bear arms.
It seems that in their haste to cram socialized medicine down the throats of the American people, then-Speaker Nancy Pelosi (D-CA) and Barack Obama overlooked Senate amendment 3276, Sec. 2716, part c.
According to reports, that amendment says the government cannot use doctors to collect “any information relating to the lawful ownership or possession of a firearm or ammunition.”
CNN is calling it “a gift to the nation’s powerful gun lobby.”
And according to Senate Majority Leader Harry Reid (D-NV), that’s exactly right. He says he added the provision in order to keep the NRA from getting involved in the legislative fight over Obamacare, which was so ubiquitous in 2010. via Obamacare Amendment Forbids Gun and Ammo Registration.
Less excitable heads have taken a longer look at the thing, and say “not so fast, pardner.” They claim that this provision regarding firearms and ammunition only applies to whether or not you can qualify for insurance, and how much it will cost you.
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… (from Wizbang)
So – don’t get too excited. Those 2nd amendment-hating bastards are still going to try and infringe on your rights. They won’t be successful, but they’ll make a lot of noise trying.