Gun
& Ammo Privacy Bolstered by Obama-care?
By
Craig M. Szwed
Are
any Obama-care healthcare providers asking about guns or ammo in your
law-abiding home? If you are using the Obama-care healthcare system, you can
tell them it’s now a Federal offense for them to ask or log any information
about any Obama-care participant's firearms or ammunition.
In
one sense, this is a partial victory for law-abiding gun-owner privacy, as it
legally prohibits one small segment of our service industries from prying into
our gun-related lives. However, in another sense that addendum to Obama-care is
constitutional baloney. Most firearms owners and enthusiasts know that it is no
one else’s business, under our Constitution, regarding what law-abiding
citizens own, or do with, firearms or ammunition, so long as the Rights of
others are not infringed by the exercise of our Rights.
Obama’s
pet healthcare legislation has mandated many awful things in the healthcare
industry, so the “pro-gun” provision in Obama-care has come as a surprise. What
is sad is that our legal system has not adhered to our Constitution, in defense
of constitutional Rights and against infringements of those Rights. Our legal
system, instead, has facilitated the fragmentation of constitutional law into
isolated “pro-gun” addenda, embedded into other legislation, such as
Obama-care. What that embedded addendum does not clearly specify is whether
that part of Obama-care applies to all healthcare systems in our nation or only
to Obama-care. That is a dangerous lack of clarity, to be sure.
On
the bright side, that portion of Obama-care does say that NO Obama-care
healthcare worker can ask or log anything about our law-abiding firearms or
ammo. IF they do, they put themselves in violation of federal law, and
therefore subject to legal sanctions. Whether or not we might like Senator
Harry Reed, evidently, we have him to than for that “pro-gun” addendum tucked
into Obama’s socialistic legislation.
Don’t
believe that you’re really reading this? Here’s the legislation reference to
double-check it for yourself:
A
major caveat to this is that our partners, spouses, relatives, and children
must be made aware of the need to NOT answer any firearms questions without
legal representation present… EVER. Do NOT VOLUNTEER firearms information to
anyone when being treated by the healthcare industry. You should consult your
attorney about this, but, I’d almost bet that anything blabbed voluntarily,
even under Obama-care, would be treated legally as voluntary utterances admissible
in court.
Am
I being paranoid or realistic? You decide for yourself. But, unless I’m sorely
mistaken, the bottom line is that unless you’re talking with your own spouse or
your own attorney, your utterances are NOT privileged, and even THAT may depend on the state in which you reside. Let’s not offer the anti-rights,
anti-gun community a back door about what arms or ammo are held by our
families.
In
our ongoing battle to protect our Rights and Constitution, the pro-firearms
bottom line, under Obamacare, is that it is ILLEGAL for any Obama-care worker
to ASK about or to LOG information about your firearms and ammunition. Your
privacy is now inviolate within that part of the healthcare field…
UNLESS you or those you know volunteer information to Obama-care workers.
Volunteering any firearms information could still potentially lead to a legal
quagmire, especially since none of that part of Obama-care has been tested in
the courts.
We
MUST continue working to return our citizens and government to honor, support,
and defend the language, substance, principles, and intents of our
Constitution, so that we all live by what the Constitution says, especially in our Bill of Rights, instead of
waiting for fragmented Rights-related addenda to appear mysteriously in other
legislation. While the “pro-gun” addendum to Obama-care appears to enhance our
Rights, and may superficially and temporarily, in the long run it may only serve to open yet another door
for all the legalists who love to argue fine points of obscure, and obscuring,
case law while ignoring the original language and clarity of our Constitution
and Bill of Rights.
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