It appears that the Congress that voted to pass the Affordable Care Act, also known as Obamacare, failed to grasp all that they were including in the bill. While former Speaker of the House of Representatives Nancy Pelosi (D-CA) told everyone that they had to pass the legislation to find out what was in it, it appears there was a little gift in there for those who believe in the right to keep and bear arms and it seems we have Harry Reid (D-NV) to thank for this little provision, even though he has now flopped from his earlier "semi-pro-gun" position following the Sandy Hook shooting. However, pay attention as to who the limitations are placed against.

The Washington Post first reported on this provision back on December 30, 2012. 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.”

So what am I talking about? According to the ACA, on page 20, the provision reads:

‘‘(c) PROTECTION OF SECOND AMENDMENT GUN RIGHTS.—[As added by section 10101(e)(2)]
‘‘(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 DATA BANKS.—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.

‘‘(d) REGULATIONS.—Not later than 2 years after the date of enactment of the Patient Protection and Affordable Care Act, the Secretary shall promulgate regulations that provide criteria for determining whether a reimbursement structure is described in subsection (a).
‘‘(e) STUDY AND REPORT.—Not later than 180 days after the date on which regulations are promulgated under subsection (c), the Government Accountability Office shall review such regulations and conduct a study and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report regarding the impact the activities under this section have had on the quality and cost of health care.

We all know that Obamacare is very bad legislation. The question in my mind is why this information would be needed by Health and Human Services in the first place. It seems that gathering such information would not only be a sneak attack on the Second Amendment, but upon the Fourth Amendment as well.

CNN's Jim Costa reported on the provision:

Ed Morrissey comments on the provision and Costa's report writing, "By golly, Nancy Pelosi was right — they didn’t know what was in ObamaCare until it passed! Of course, in this case all she needed to do was ask her buddy Harry Reid, who apparently sandbagged his party’s gun-control wing by inserting an interesting clause in the 2800-page bill that no one in Congress bothered to read before voting on it."

He continued, "The reason Reid inserted this clause, CNN reports without ever having actually talked to Reid (he declined comment), was to make the NRA “benign” in the ObamaCare fight — and to push back against “conspiracy theorists” who claimed that the bill would allow Barack Obama to start grabbing guns. Hey, that would never happen, right? Sure."

But pay attention to the verbiage used. It specifically limits the authority of the Secretary, meaning the Secretary of Health and Human Services, currently a known criminal, having violated federal law. This is actually a good provision in the law to limit the authority of those who have anything to do with Obamacare from gathering information regarding firearms.

The Post also reports about the battle that rages between the National Rifle Association and physicians and advocates who are opposed to the language of the provision.

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.

Just remember, whatever these lawmakers slip into legislation, they can just as easily slip it out.

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