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Delivering on its promise to deliver "common sense" gun control, the Obama administration on Monday finalized a rule that enables health care providers to report the names of mentally ill patients to an FBI firearms background check system.
The action was one of a series of steps that President Barack Obama had called for in January 2013 in the wake of the Newtown, Conn., shootings to curb gun violence, but the rule was not published until today.
While the 1993 Brady law prohibits gun ownership by individuals who have been involuntarily committed, found incompetent to stand trial or otherwise deemed by a court to be a danger to themselves or others, federal health care privacy rules prohibited doctors and other providers from sharing information without the consent of their patients.
Political writer Tom Murse says: "[Most] executive actions carry no legal weight. Those that do actually set policy can be invalidated by the courts or undone by legislation passed by Congress."
Doctors can report some mentally ill patients to FBI under new gun control rule
originally posted by: greencmp
a reply to: Phage
Whether through the ARRA, ACA or some other mechanism, the data is collected in electronic form.
What makes you think it wouldn't be accessed?
Of course, that's just potential state abuse. Criminals organizations and foreign governments also have it.
originally posted by: ColeYounger
I think the gang members who murdered over 3000 people last year in Chicago, Baltimore, L.A., Philly, New Orleans and Memphis are mentally ill. Why doesn't Obama and the DOJ go after them?
originally posted by: Phage
a reply to: greencmp
You think that I think the government can do no wrong? You are wrong.
But understanding that the government can screw up does not mean that it can't do anything right.
In any case, an executive action carries little weight and again, is subject to judicial review.