Does Obamacare Contain Provisions Related to the Second Amendment and Gun Ownership? - YES


General Reference (not clearly pro or con)
The Patient Protection and Affordable Care Act, Section 2716, "Prohibition on Discrimination in Favor of Highly Compensated Individuals," page 766, signed into law on Mar. 23, 2010, available at the Library of Congress website, states:

"(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 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 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."

Mar. 23, 2010 - Patient Protection and Affordable Care Act (HR 3590) (2MB)  



PRO (yes)

Gun Owners of America stated in their Dec. 10, 2010 article "The Gun Control in ObamaCare," available at the Gun Owners of America website:

"What about the Second Amendment protections in the bill?...

This language appears on the face to prohibit the use of any data collection with regard to use firearms. Does this section provide adequate protection for gun owners, and specifically for veterans?

Answer: This language (section 2716) prohibits the use of the federal database for storing information about who has a gun (based on questions asked by a physician with respect to gun ownership).

It does not prohibit the use of the database to determine who has a psychological 'disorder' like ADHD or PTSD. And it does not prohibit the ATF from trolling the database for persons with ADHD and PTSD (independent of any issue of gun ownership) — and sending their names to the FBI's database of prohibited persons because they are 'mental defectives' (18 U.S.C. 922 (g)). HIPAA would not prohibit this 'law enforcement function,' and ObamaCare may significantly broaden the list of people whose determination is an 'official' determination similar to the VA psychiatrists who have disarmed 150,000 veterans.

To say that the health care database would never be used this way is to ignore history. Who ever thought in 1993 — when the Brady Law was passed — that the federal government would soon begin denying military veterans their right to own a gun... not for any crimes committed, but because of a psychiatrist's determination that such veterans suffered from PTSD?"




CON (no)


[Editor's Note: Based upon a neutral reading of the Patient Protection and Affordable Care Act and bi-partisan third party analysis, this question seems to have a clear and obvious Pro (yes) answer, and ProCon.org has therefore presented the responses in a single column with no opposing perspective.]