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Senator Rand Paul (R-KY) believes, and so do I, that President Obama does not have the authority to take the actions he described in his press briefing on Wednesday January 16, 2013.
Specifically mentioned by Paul is a conflict between the 14th item in the list of actions Obama is planning to take, and the Obamacare legislation.
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.
From Executive action item #14:
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.
Note the obvious conflict between the law and the action regarding whether doctors may ask patients about guns in the home.
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