After Congress refused, Obama violates privacy to deny gun sales

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HIPAA-HolesBack when American colonists suffered under taxation without representation, a Mad King George once ordered Bostonians to quarter occupying British troops in their homes and confiscated their firearms.

We suspect that some of those colonists were “depressed” and sometimes consulted with doctors who prescribed whiskey as medication.

Two Hundred and Thirty-Nine years after shots fired at Lexington and Concord were heard around the world and 225 years after the right of the people to keep and bear arms was declared not to be infringed in the Bill of Rights, a new Obama-king  that taxes represented-Americans has issued a decree their elected representatives had refused to enact into law:

After failing to strengthen background checks on gun buyers through Congress, the Obama administration on Friday announced pending executive action on the matter focused mainly on mental health issues that would allow the government to get around certain privacy laws on the books in order to obtain more information. One of the regulations would seek to gain information previously withheld because of the Health Insurance Portability and Accountability Act, or HIPPA, which protects medical privacy.

“Too many Americans have been severely injured or lost their lives as a result of gun violence,” a White House release said Friday. “While the vast majority of Americans who experience a mental illness are not violent, in some cases when persons with a mental illness do not receive the treatment they need, the result can be tragedies such as homicide or suicide.”

The Justice Department regulation would clarify who is prohibited from possessing a firearm under federal law for reasons of mental health. The White House says that terminology in federal law is ambiguous.

“We are taking an important, commonsense step to clarify the federal firearms regulations, which will strengthen our ability to keep dangerous weapons out of the wrong hands,” Attorney General Eric Holder said in a statement. “This step will provide clear guidance on who is prohibited from possessing firearms under federal law for reasons related to mental health, enabling America’s brave law enforcement and public safety officials to better protect the American people and ensure the safety of our homes and communities.”

Federal law in this area is not vague. It prohibits sales to those:

  1.  committed to a mental institution;
  2. adjudicated as a mental defective to include involuntary inpatient and outpatient commitments;
  3. found incompetent to stand trial;
  4. found not guilty by reason of mental disease or defect, someone lacking mental responsibility or deemed insane; and
  5. found guilty but mentally ill.

What federal law does not allow, and in fact explicitly prohibits under HIPAA, are background check-fishing expeditions through Americans medical records so that President Barack Obama’s Attorney General can deny purchases of guns by Americans he deems haven’t been properly treated for mental illness by their doctors.

Congress can stop these new regulations from being promulgated and enforced. Of course, that half of Congress formerly known as the U.S. Senate serves now as a “Yes Man” for President Obama; so we expect serious ramifications of Obama’s action when they begin prohibiting every American that ever took a Prozac due to Obamanomics’ job-loss-situational-depression from exercising the Second Amendment right to self defense.

Sadly, in California, their new state laws can’t be reversed even if Congress were to once again assert its institutional will:

“One man with courage makes a majority.” – Andrew Jackson

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