Watch Live: Congressional Hearing on IRS Scandal

Live Now on TheBlaze Radio: ‘The Buck Sexton Show’

Government

This Is How a Secret Gun Provision Made its Way Into Obamacare Legislation

Jan. 9, 2013 8:03am Billy Hallowell

Obamacare Legislation Includes Secret Gun Rights Provision | Harry Reid, Affordable Care Act

Credit: Getty Images

There’s a widely-unknown provision in the Affordable Care Act (also known as Obamacare) — legislative wording that is capturing attention in the wake of the Sandy Hook Elementary School shooting. Pushed by the National Rifle Association (NRA), a newly-noticed regulation that was placed deep within the bill back in 2010, among other things, bans doctors from documenting patients’ answers to questions that focus upon guns.

The Washington Post first reported on Dec. 30 about the presence of this controversial wording. Under a section with the headline “Protection of Second Amendment Gun Rights,” the NRA-advocated wording is nestled deep within the law. The Post called the inclusion, “a largely overlooked but significant challenge to a movement in American medicine to treat firearms as a matter of public health.”

As the outlet also noted, it was in the final stretch of the debate over Obama’s health care legislation that the NRA successfully pushed to insert this language. Below, see the portions of the Affordable Care Act that include mentions of firearms and the parameters through which doctors must operate in questioning patients (read the entire health care bill here):

Obamacare Legislation Includes Secret Gun Rights Provision | Harry Reid, Affordable Care Act

On Tuesday, CNN chief medical correspondent Dr. Sanjay Gupta spoke on-air with “Situation Room” host Wolf Blitzer. The two discussed how the gun provision made its way into health care legislation, while also explaining portions of the text for viewers.

Gupta noted that the initiative to have the wording included during the contentious health care debate was rooted in the NRA’s stance that patients should not be penalized or discriminated against for owning firearms. As can be seen from the above portion of the legislation, while doctors are not banned from asking about guns, they are forbidden from documenting the information and using it for research purposes.

Watch Gupta explain the additive language:

In addition to gun-owner information and how it must be handled by doctors, the text also notes that the law cannot be used to keep and maintain records of individuals’ firearm possession, nor can it be used to track ammunition. Additionally, the language deals with the price of health care coverage, noting that cost cannot be impacted by the possession or ownership of guns, the Post also reported.

Following the tragedy at Sandy Hook, the presence of this provision has gained some press, with select politicians and medical groups taking a stand against it. Advocates are worried that research and medical care could suffer as a result of the wording; some are even pushing the Obama administration to consider changes to the text in light of recent events and an impending battle over new gun control legislation.

The Post has more about the ongoing battle between the NRA and physicians and advocates who stand opposed to the language inserted into the Affordable Care legislation:

NRA officials say they requested the provision out of concern that insurance companies could use such data to raise premiums on gun owners. The measure’s supporters in the Senate say they did not intend to interfere with the work of doctors or researchers.

But physician groups and researchers see the provision as part of a decades-long strategy by the gun lobby to choke off federal support for studies of firearms violence.

The research restrictions began in the 1990s, when the NRA urged Congress to cut funding for the Centers for Disease Control and Prevention’s division that studied gun violence. In 1996, Congress sharply limited the agency’s ability to fund that type of research.

Senate Majority Leader Harry Reid and House Minority Leader Nancy Pelosi take part in a joint Senate and House session to count of the Electoral College votes for the 2012 presidential election at the Capitol Hill in Washington on January 4, 2013. US President Barack Obama was officially declared the winner of 2012 presidential election after the counting session– a quaint formality, perhaps, but constitutionally required. Credit: AFP/Getty Images

Just as interesting as the debate over the provision, itself, is the notion that it was Senate Majority Leader Harry Reid (D-Nev.), an NRA-supporter, who added the wording to the bill back in 2010. While a spokesperson for Reid told the Post that the leader never spoke with the NRA about the wording and that he did not believe that “it changed gun laws in any way,” that hasn’t stopped critics from wondering why Reid so staunchly supported the measure.

The language was purportedly added to stem off criticism from the NRA that could have railroaded, delayed or prevented the controversial health care bill from passing. Also, the wording was placed deep within the bill in an effort to convince people not to embrace so-called conspiracy theories about Obamacare — mainly that the legislation would be used to keep and maintain a massive gun-ownership database. Once the langage was added, the NRA reportedly remained neutral regarding passage of the law.

While Reid has been a gun rights advocate for quite some time, the politician may be having a change of heart in the wake of recent shootings and controversy surrounding this language. An adviser who spoke off-the-record, recently told CNN that the senator is “in a different place than he was in 2010″ when it comes to firearms.

In CONTROL, Glenn Beck presents a passionate, fact-based case for guns that reveals why gun control isn’t really about controlling guns at all; it’s about controlling us. Find out more HERE.

Back to The Blaze »

Comments (246)

mountinman1964
Posted on January 9, 2013 at 12:02pm
the whole obamacare bill was secret that is why pelosi wanted it passed before any citizen had the chance to read it she knew if it was common knowledge what was all in it they would never get it through before they lost control of the house ,

Report this comment
Log in to ReplyReply
- BlasberryStrat
  Posted on January 9, 2013 at 1:12pm
  Love your name by the way. Duck Dynasty!
  
  You are exactly right in your comment. I am just praying that the pro-gun people understand that it is more than possible for Oby’s Admin. to simply wait well in to the time the dust settles over this mess, and then will bury some sort of steep gun control or possilby a complete ban very deep within an overwhelmingly popular bill. Heck, Congress and Senate doesn’t even read or study an extremely important bill before voting it in to law, and the Admin. KNOWS they shure as heck aren’t going to waste any of their time to read every page of a “popular” bill. We will simply wake up some morning months from now to find that Congress signed away all of our gun rights and didn’t even know about it. This has been Oby’s tactics since his first day, and will simply calmly wait to instert what he wants maybe a year from now. But he WILL get it done, you can bet on that. Hey, the idea of being our “Global Leader” is too tempting to him – and he DOES have a very real possibility of being just that. Who else can go from being a ‘no name’ to getting a Nobel Peace Prize by becoming President of the USA before he even took the oath?
  
  Report this comment
BlessedONE333
Posted on January 9, 2013 at 12:01pm
KEITH RATLIFF FOUND EXECUTED

Manager Of FPS Russia Murdered: Pro-Gun YouTube Channel Was 3rd Most Popular YouTube Channel

http://beforeitsnews.com/politics/2013/01/manager-of-fps-russia-murdered-pro-gun-youtube-channel-was-3rd-most-popular-youtube-channel-2482424.html

Report this comment
Log in to Reply Reply
Anadara
Posted on January 9, 2013 at 11:58am
Well – Harry and Nancy shouldn’t be surprised. “you have to pass the bill before you know what’s in it.”

Report this comment
Log in to Reply Reply
OldVet
Posted on January 9, 2013 at 11:55am
This is probably the one statement in Obama care that makes sense as it protects a citizens right not to be placed in a National Federal Database of Gun Ownership. Remember, this precludes the collection of gun ownership on perfectly “sane” people as well. The Fed are seeking any way they can to gather a database of legal gun owners, which is the first step in the process of “confiscation of guns”. Check your history and look at the process as it happened in Britain and in Nazi Germany.

Report this comment
Log in to Reply Reply
pahrumper
Posted on January 9, 2013 at 11:54am
Get over it, if anyone on the Obummer side of the isle is involved we all know it will be steeped deep in slime and under handed is the name of the game. We also know that Obummer will do anything he can to get rid of all guns period, period!!! Our only hope it that Boehner puts a stop to anything the Jerk wants and unless the proposals would have prevented the shooting in the last school thing, they are just political crap! If Obummer tries to end run Congress then the House should defund that agency to the max the agency involved in the attempt. If the speaker cannot stop this latest one then we should abandon completely the repubs and consider all attempts to resolve it peaceably are gone and over!

Report this comment
Log in to Reply Reply
Janean
Posted on January 9, 2013 at 11:52am
I agree with all here who are upset because another hidden topic has been found in the bill and that the bill was read by so few before its passing. However, why would any of you be upset about this inclusion regarding guns? I am truly thankful, yet surprised, that the NRA was successful in its attempts to place it into the bill, and you should be, too! The government is so busy collecting information on individuals so that they can control our every move and remove freedom after freedom until we’re totally enslaved.

Report this comment
Log in to Reply Reply
BlasberryStrat
Posted on January 9, 2013 at 11:46am
Boy you can bet the farm that EVERY Dem. is having their people scour every single word and punctuation of every page – in that entire “novel” of Obycare! AND you can bet the farm that the Dems. under “authorization from the President”, are allowed to scrub out ANY other parts that have not come to public light – that may impede or hurt any further agenda of the progressive movement in any way.

By this time next month, that 900+ pages of Obycare “novel” will “magicly” re-emerge to be about 200 pages. Hey, go figure. “THIS IS WHAT DEMOCRACY LOOKS LIKE!” If the Libs DON’T like what’s written… they change it or burn the book. If the Libs DO like what’s written – “SCREW YOU, IT’S THE LAW”.

Welcome people…..to “Barnum And Bailey States of America”.

Report this comment
Log in to Reply Reply
Rebalee
Posted on January 9, 2013 at 11:37am
This could have been explained better. It covers what was added to protect gun ownership privacy but it doesn’t do a very good job of explaining why it was needed. My understanding was that any government provided health services have standard questionnaires that include questions about gun ownership.
And just an FYI. I received notice from my auto insurance that I can get a whopping 5% off if I get a black box automobile and sign up with them to monitor my driving habits. I originally thought that the gov was screwing the insurance comps. More and more I’m thinking its all going to be one big gov monopoly and insurance is in on it. Whether that is to survive or because they believe in letting the gov run a socialist insurance system is to be determined.

Report this comment
Log in to ReplyReply
- BlasberryStrat
  Posted on January 9, 2013 at 12:50pm
  “Progressive” is owned by George Soros. “GEICO” is “Government Employee Insurance Company”. Both originated as a more ‘special interest’ company, then expanded to the general public. I’m a professional Damage Appraiser and deal with these companies. I’ve got to say that “it’s their way or the highway”. They ride insurance laws (if any – depending the State) so close that when they ‘regularly’ break the rules no one except the Body Shop’s seem to care. Anyway, it makes perfect sense about the insurance info. you received. That “Black Box” is a good thing when used for Railroad and Gov. Employee vehicles. In the case you are stating, it’s a very bad thing. You get in an accident that liability is not determined, and Progressive will actually analize your “Box” and use it AGAINST YOU. In other words, Progressive ‘may’ accept liability from a Judge and pay the Claimants repairs – BUT deny to pay for your vehicle repairs (this is a good one from them), because “You really shouldn’t have been driving in that area at that time of day”.
  
  The Gov. states “Black Box Vehicles” are for reasons of safety and liability. Actually they are a way to control your vehicle and your driving habbits. At this time “On Star” and other “Sat. Co’s” cannot BY LAW “shut down” a stolen car. But the Gov. WILL be able to control your “Black Box” (which controls all the sensors in your vehicle) and monitor YOUR actions 24/7 via THEIR satellite.
  
  Report this comment
The Third Archon
Posted on January 9, 2013 at 11:30am
Try to spin THIS into something “Leftist” Blazers–see how EVIL and LEFTIST Obamacare is, LOL, taking away your gun rights…oh wait, that’s the OPPOSITE of this provision…

Oh well…I guess you can’t spin EVERYTHING to fit your warped narrative about the world.

Report this comment
Log in to Reply Reply
BlasberryStrat
Posted on January 9, 2013 at 11:27am
Hey, you have to “Pass the bill to find out what is IN it” – quote from Nancy Pelosi. Too bad – so sad Reid. You had that put in Obycare and now you have to live with the fallout from the media.

For some reason you Libs think that Obycare is a set of health care laws that YOU and only YOU can just change to YOUR requirements “willy-nilly”, and yet the Conservatives are NOT ALLOWED TO EVEN READ THE NOVEL. Bills and Laws DON’T work that way sweetie! Go back to your “School House Rock” days. You artsy fartsy Libs think the Conserv’s are a bunch of one toothed idiots, but you’re finding out that we have a long arm of extremely smart – extremely rich – extremely embedded people, and unlike YOU when you don’t get your way you “picket and publicly throw tantrums”, WE have a solid set of plans and reactions. This even being that “someone” got to Reid and had this firearm wording buried deep in Obycare, knowing Pelosi gets moist around Obama and was pushing to just sign it in to law without reading it.

Isn’t it funny that Rush and his team DID actually read the entire bill prior to law, and “overlooked” to mention that this protection of firearm ownership was even in it (hee hee). The “real stinger” to you Libs (and Cher) must be that your own “main man” Reid is the person responsible for this even being in that book of free money to the single mothers, Mexicans, and Blacks. Note that Muslims and their businesses ARE exempt from Obycare.

Report this comment
Log in to Reply Reply
2dogs
Posted on January 9, 2013 at 11:15am
Does it really matter! Obama is unconstitutionally in office his father wasn’t an American citizen .this part of the overthrow of our constitutional government.you have yourselves to blame cause you’ve done nothing about it .if you didn’t vote !!!!!!

Report this comment
Log in to Reply Reply
greycoat
Posted on January 9, 2013 at 11:13am
Well heck folks this is a jewel found in a pile of crap and if you read the actual article the Left is not happy with this provision seeking to get it changed for it stands in their way after Sandy Hook. I want the whole of Obamacare repealed, but while this crap bill exists, I’m glad this provision is there!!!!!!!!!

Report this comment
Log in to Reply Reply
YOURSENSEI
Posted on January 9, 2013 at 11:07am
This is what you must know:

Only fools and criminals want the NRA between them and their doctor.

It is so.

Report this comment
Log in to ReplyReply
- greycoat
  Posted on January 9, 2013 at 11:19am
  @YourSense: I’d rather have the NRA, protecting me from the government knowing what goes on between me and my doctor, than have the government between me and my doctor knowing all, which I bet you’d like to have. The fool is you and if a poll was taken it would show that most felons, i.e. criminals, voted for Obama. It’s the Dems that want felons, i.e. criminals, to vote. I wonder why?
  
  Report this comment
- YOURSENSEI
  Posted on January 9, 2013 at 11:31am
  Mr os Ms GREYCOAT,
  
  This is what you must know:
  
  Mr LaPierre did not approve your lap band surgery.
  
  It is so.
  
  Report this comment
kenster56
Posted on January 9, 2013 at 11:06am
> DICK ACT of 1902 . . . CAN’T BE REPEALED (GUN CONTROL FORBIDDEN) The Trump
> Card Enacted by the Congress Further Asserting the Second Amendment as
> Untouchable
> The Dick Act of 1902 also known as the Efficiency of Militia Bill H.R.
> 11654, of June 28, 1902 invalidates all so-called gun-control laws. It also
> divides the militia into three distinct and separate entities. The three
> classes H.R. 11654 provides for are the organized militia, henceforth known
> as the National Guard of the State, Territory and District of Columbia , the
> unorganized militia and the regular army. The militia encompasses every
> able-bodied male between the ages of 18 and 45. All members of the
> unorganized militia have the absolute personal right and 2nd Amendment right
> to keep and bear arms of any type, and as many as they can afford to buy.
> The Dick Act of 1902 cannot be repealed; to do so would violate bills of
> attainder and ex post facto laws which would be yet another gross violation
> of the U.S. Constitution and the Bill of Rights. The President of the United
> States has zero authority without violating the Constitution to call the
> National Guard to serve outside of their State borders.
>
> The National Guard Militia can only be required by the National Government
> for limited purposes specified in the Constitution (to uphold the laws of
> the Union ; to suppress insurrection and repel invasion). These are the only
> purposes for w

Report this comment
Log in to Reply Reply
LukeAppling
Posted on January 9, 2013 at 11:04am
Because of the secrecy of The Obama administration it will take years before all he rules, regulations and laws stuck into various bills become known. Mr. Transparency is really Mr. Obscurity.

Report this comment
Log in to Reply Reply
B-Neil
Posted on January 9, 2013 at 10:59am
It’s a crying shame thet we have to think and act to protect secretly our 2nd amendment rights. I’m ready; I hope I’ll be able to be counted as a defeder of our FREEDOM. GodBless America and it’s Freedoms.

Report this comment
Log in to Reply Reply
bill984
Posted on January 9, 2013 at 10:54am
maybe pelosi should have read it before she passed it.

Report this comment
Log in to Reply Reply
bbyrdhouse
Posted on January 9, 2013 at 10:51am
Listen folks, wherever you think the liberals are in their gun control crusade … you can bet that they are already ten steps ahead of that.

Our side has been behind the entire time. We are constantly fighting the dust while they are way, way out front.
If we don’t start fighting this with this in mind, it is game over!

They WILL ban guns and ammo and they WILL do it without any resistance … they are that far ahead of us.

We need to understand that there are NO politicians in Washington DC that are fighting on our behalf. We truly are in this by ourselves … it is us against them.

Report this comment
Log in to Reply Reply
RDMercer
Posted on January 9, 2013 at 10:50am
Was a picture of the traitors Reed & Pelosi absolutely necessary? Every time I see Pelosi and that moronic, fake smile of hers I fantasize about a flying brick smashing her in the face.

Report this comment
Log in to Reply Reply
Mr.Fitnah
Posted on January 9, 2013 at 10:50am
Mr Doctor sees my a every time I take off my shirt as it is tucked into the MOB.

Report this comment
Log in to Reply Reply
americangrammy
Posted on January 9, 2013 at 10:46am
Does anyone have any information that tells what types of legal drugs such as antidepressants or sleep aids the school “shooters” were on at the time or had been on before their crimes? Doctors are handing these drugs out like candy these days for just about anything that causes people to be “anxious” or sad or just unhappy in general. Almost all of them have warnings about changes in behavior while taking them or after stopping them. Most of us have taken one of these at some time in our lives, such as when coping with the death of a loved one.
I’m waiting for some government agency to suddenly “discover” that these drugs played a part in all of this gun violence and use it as an excuse to seize all guns from anyone who has ever been on any of these drugs for any amount of time. You would, after all be a potential killer, right? Got to protect the citizens from all potential harm, right? The information on gun ownership collected by your doctor would prove invaluable in this effort since he not only has info on whether or not you own a gun, but he also can specify exactly what kind of “happy” drug he prescribed for you.
I’m sure that the big pharma companies would be very unhappy for a while, but a few juicy govt subsidies would go a long way to quietening down the yappers.

Report this comment
Log in to Reply Reply
OUTLAW_WEALTH
Posted on January 9, 2013 at 10:38am
http://www.officialteapartyusa.com/pt/America-Is-Being-Systematically-Transformed-Into-A-Totalitarian-Society.1-8-2013/blog.htm

Report this comment
Log in to Reply Reply
BlackCrow
Posted on January 9, 2013 at 10:34am
The law also requires they pass an annual budget and they ignore that.

Report this comment
Log in to Reply Reply
sensible99
Posted on January 9, 2013 at 10:33am
Take a look at the statistics for death and injury by slip and fall, tub and shower incidents, drowning, and don’t forget auto accidents. Perhaps doctors should be asking if people bathe or ride in cars. Has common sense been completely lost in this country?

Report this comment
Log in to Reply Reply
zoro51
Posted on January 9, 2013 at 10:33am
Socialist care is un american… Impeach obama now remove this rapist of our nation now

Report this comment
Log in to Reply Reply

It appears that you have Javascript Disabled. Please enable Javascript in your browser preferences for a better user experience on TheBlaze. You can not comment without Javascript enabled.