Saturday, April 2, 2011

The Gun Control in Obama Health Care

Sections 1501 and 1502 of HR 3590 -- which contain the so-called “individual mandate” -- require Americans to buy government-approved insurance and give the government a carte blanche to require that these policies contain requirements like Barack Obama’s oft-stated goal of computerizing medical records in a national database. (Indeed, Fox News reported on March 26, 2010, that under the new federal health care law, our medical records will soon go online to be available to all doctors.)

This would make it impossible for Americans to keep private, medical information out of the government-controlled medical database that was created under Sec. 13001 of the stimulus bill. Once a person’s medical information has been put into the database, then the ATF and the FBI will be able to use it to deny law-abiding Americans their right to purchase firearms -- just like the thousands of military veterans who have been denied their right to purchase firearms.

The problem with the veterans began in 1999, when under the direction of the Clinton administration, the Department of Veteran Affairs was obliged to share certain mental health records with the FBI for the purpose of adding names to the national instant check system (NICS). People whose names are added to NICS, of course, are not allowed to purchase or possess firearms.

The health records in question had to do with persons the VA had deemed "mental defectives." Since 1968, persons so adjudicated have been prohibited from possessing firearms. For decades, the common understating of "metal defective" applied to people found not guilty of a crime by reason of insanity. In 1999, however, the Clinton Justice Department unilaterally decided to greatly expand the definition to include the VA's very broad use of the term.

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