Monday, February 22, 2016

Abortion Rights vs Gun Rights

A recent article at POLITICUSUSA.COM argues that Right To Life Measures conflict with Right to Bear Arms issues.


Gun Owners Need Roe Vs. Wade: HIPAA (Health Insurance Portability and Accountability Act),
... a law created under the Clinton Administration, which is an outgrowth of Roe vs. Wade explains the law regarding mentally ill patients and firearms. If a person is ordered by a judge to seek mental health treatment, the person is banned from purchasing a firearm. So, people like: John Hinckley, Jr and Mark David Chapman are banned for life from purchasing firearms. Yet, what of those who were not adjudicated? People who slipped through the cracks or those who are depressed and need medical treatment for mental illness and voluntarily seek treatment on their own free will? They can purchase a firearm legally ...
I can't follow the logic, but it sounds like a "Catch 22" attempt to use Conservative "Right To Life" priorities to simultaneously confound "Right to Keep and Bear Arms" priorities.

As nearly as I can tell, the author assumes that people use the 2nd Amendment to justify killing people, and that conflicts with anti-abortion priorities to protect life.

I may be wrong as hell in my (admittedly cursory) evaluation of this confusing logic.  Or perhaps I'm just too stupid to understand the logic.

But I always thought that there was no conflict between one drive to preserve life (anti-abortion) and another drive to protect live life (self defense, via the 2nd Amendment).

AGAIN ... I accept that I'm either over-simplifying the original argument, or completely mis-understanding it.

My hope is that someone who is better at parsing a complex statement ... which is NOT completely defined in the truncated quote presented here (please go to the original statement for the full text!) will take the time to translate it into "**** FOR DUMMIES" terms.

I'm reluctant to dismiss the argument ... whatever it is.  I suspect that there is a legitimate point being made, but either it is too complex for my immediate understanding or it contains a logical fallacy which I have not identified, or it's all political.


[updated 92/28/16 to correct spelling errors]

3 comments:

Archer said...

It's a crap argument. HIPAA may or may not be an "outgrowth" of Roe v. Wade (and in legal parlance, it's "v.", not "vs."), but the article does a piss-poor job of justifying that conclusion. However, as a federal statute HIPAA stands alone. Overturning Roe v. Wade will not and cannot, by itself, affect the legitimacy or enforceability of HIPAA.

What does this have to do with gun owners' rights? Not a damn thing. The prohibition of gun ownership by people adjudicated mentally ill and/or involuntarily committed is in the Gun Control Act of 1968. HIPAA or no HIPAA (and by extension, Roe v. Wade or no Roe v. Wade), voluntarily seeking treatment is not now -- nor has it ever been -- grounds for becoming a "prohibited person". Even if that part of a person's medical record were breached and disclosed/made public (which is a serious civil and criminal violation of HIPAA/HITECH rules), it cannot under current law be used to prevent him/her from purchasing or possessing a firearm.

I especially loved this line, including the poor grammar: "In other words, a person who is bipolar and schizophrenia [sic] can legally buy a firearm and are [sic] not banned because of HIPAA and yes, Roe v. Wade." Reality: HIPAA doesn't update the GCA's "prohibited persons" list; Roe v. Wade certainly doesn't, either.

The argument is invalid.

(Hell, if you want my opinion, I'd trust someone who accepts the personal responsibility to look after him/her self and seeks treatment, more than someone who must be involuntarily adjudicated and forced into treatment. YMMV.)

Archer said...

BTW, RE: My hope is that someone who is better at parsing a complex statement ... which is NOT completely defined in the truncated quote presented here (please go to the original statement for the full text!) will take the time to translate it into "**** FOR DUMMIES" terms.

It's not you. Not only is the argument crap for equating apples and Buicks ("apples and oranges" is too generous), the grammar is horrific enough to render it hard to follow.

Anonymous said...

I suspect that the Geeks suspicions are correct.