# Obamacare and Gun Control

**URL:** <https://boards.straightdope.com/t/obamacare-and-gun-control/633482>\
**Category:** Factual Questions\
**Created:** [September 2, 2012, 9:40pm UTC](https://boards.straightdope.com/t/obamacare-and-gun-control/633482 "2012-09-02T21:40:59Z")\
**Posts on this page:** 7\
**Page:** 1

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**Author:** ![drewtwo99](https://avatars.discourse-cdn.com/v4/letter/d/d07c76/32.png) [@drewtwo99](https://boards.straightdope.com/u/drewtwo99)\
**Post date:** [September 2, 2012, 9:40pm UTC](https://boards.straightdope.com/t/obamacare-and-gun-control/633482/1 "2012-09-02T21:40:59Z")

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I was just on the phone with my dad who was going off on something about how Obamacare has some gun control provisions in it. I didn’t believe a word of it, but I’d like a good, reliable, non-partisan source that either proves or debunks this assertion. I’m not looking to debate anything here.

So, does the Affordable Care Act have any sort of gun control “weaseled” into it? I did some googling but I couldn’t find any links that seemed reputable to me.

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**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\
**Post date:** [September 2, 2012, 9:58pm UTC](https://boards.straightdope.com/t/obamacare-and-gun-control/633482/2 "2012-09-02T21:58:07Z")

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Not gun control, but it does mention the Second Amendment and guns.

[PDF Link](http://www.healthcare.gov/law/resources/authorities/title/x-strengthening-quality.pdf) Starts on page 2037

> [@](#):
>
> ‘‘(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 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 DATABANKS.—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.’’

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**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\
**Post date:** [September 2, 2012, 10:02pm UTC](https://boards.straightdope.com/t/obamacare-and-gun-control/633482/3 "2012-09-02T22:02:07Z")

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Best as I can determine that means:  
[ol]  
[li]doctors cannot question a patient about lawfully owned guns,[/li][li]the gubmint cannot use PPACA to make a database or list of owners of lawful guns,[/li][li]the insurance companies cannot charge your a higher rate or give you a discount based upon whether or not you lawfully own a gun.[/li][/ol]

Pretty much a Pro-Gun Rights stance.

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**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\
**Post date:** [September 2, 2012, 10:18pm UTC](https://boards.straightdope.com/t/obamacare-and-gun-control/633482/4 "2012-09-02T22:18:28Z")

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OK… I figured out the chicken-little “gun control” stance that is allegedly in the PPACA (notwithstanding the above restrictions I mention upthread).

Start back in 2007. George W Bush signed into law the [NICS Improvement Amendments Act of 2007](http://www.govtrack.us/congress/bills/110/hr2640) “[t]o improve the National Instant Criminal Background Check System, and for other purposes.” This expanded the use of databases to track those deemed mentally unfit and thus ineligible to pass a background check.

Some gun rights activists note that many veterans have been diagnosed with PTSD and, despite not being convicted of a crime, the VA has used their medical records to add them to the mentally unfit database. Search the derisive name **Veterans Disarmament Act** that some activists have taken to calling this act. :rolleyes:  
And then comes the PPACA with provisions to computerize medical records. That means big databases. Some gun rights activists believe the government will have access to medical records and use that information to place more and more people on the mentally unfit list and thus deprive them of 2nd Amendment rights. :dubious:

Got it?

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**Author:** ![drewtwo99](https://avatars.discourse-cdn.com/v4/letter/d/d07c76/32.png) [@drewtwo99](https://boards.straightdope.com/u/drewtwo99)\
**Post date:** [September 2, 2012, 11:13pm UTC](https://boards.straightdope.com/t/obamacare-and-gun-control/633482/5 "2012-09-02T23:13:34Z")

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Thank you Iggy for all the research.

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**Author:** ![Max\_Torque](https://avatars.discourse-cdn.com/v4/letter/m/e9bcb4/32.png) [@Max\_Torque](https://boards.straightdope.com/u/Max_Torque)\
**Post date:** [September 4, 2012, 2:51pm UTC](https://boards.straightdope.com/t/obamacare-and-gun-control/633482/6 "2012-09-04T14:51:17Z")

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Considering how difficult it was to get the bill past the Republicans in the first place, I can’t imagine those same Republicans letting gun control language slide by. The whole premise is flawed from the outset.

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**Author:** ![gunnergoz](https://avatars.discourse-cdn.com/v4/letter/g/e95f7d/32.png) [@gunnergoz](https://boards.straightdope.com/u/gunnergoz)\
**Post date:** [September 4, 2012, 6:36pm UTC](https://boards.straightdope.com/t/obamacare-and-gun-control/633482/7 "2012-09-04T18:36:01Z")

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Like anything Congress touches or creates nowadays, it is a botched abortion of lawmaking.
