By: Neil W. McCabe
Washington, DC –-(Ammoland.com)- Capitol Hill sources familiar with Sen. Rand Paul (R-Ky.) stated that the senator will immediately introduce legislation to declare null and void any Executive Order issued by President Barack Obama that infringes on the powers and duties of Congress and the Second Amendment.
One troubling Executive Order announced Jan. 16 by the president was No. 16 on the list, described in a White House press release to “clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.”
The actual phrasing of the release states:
Protect the rights of health care providers to talk to their patients about gun safety: Doctors and other health care providers also need to be able to ask about firearms in their patients’ homes and safe storage of those firearms, especially if their patients show signs of certain mental illnesses or if they have a young child or mentally ill family member at home.
Some have incorrectly claimed that language in the Affordable Care Act prohibits doctors from asking their patients about guns and gun safety. Medical groups also continue to fight against state laws attempting to ban doctors from asking these questions.
The Administration will issue guidance clarifying that the Affordable Care Act does not prohibit or otherwise regulate communication between doctors and patients, including about firearms.
The senator’s legislation, which is currently being drafted and will be filed as soon as the Senate resumes Jan. 22 2013, will cite the direct language in the 2010 Patient Protection and Affordable Care Act, that prohibits healthcare professionals from questioning patients about their gun ownership or usage.
This is the section from the PPACA:
(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. [See Page 19 – for authority]
The Kentucky senator will declare in the bill that this and other Executive Orders that infringe on Second Amendment rights are null and void.
Paul is also expected to include language to establish federal cause of action to allow Members of Congress or harmed individuals standing in Court to challenge these Obama Executive Orders.
About Neil W McCabe
As well as a contributor to AmmoLand Shooting Sports News, Neil W. McCabe is a senior reporter at Human Events and the editor of HE's “Guns & Patriots” newsletter. McCabe deployed with the Army Reserve to Iraq for 15 months as a combat historian. For many years, he was a reporter and photographer for “The Pilot,” Boston's Catholic paper. He was also the editor of the free community papers “The Somerville (Mass.) News and “The Alewife (North Cambridge, Mass.).”