OK, second read and here are my two major concerns:
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SEC. 117. CLARIFICATION THAT SUBMISSION OF MENTAL HEALTH RECORDS TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM IS NOT PROHIBITED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.
Information collected under section 102(c)(3) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to assist the Attorney General in enforcing section 922(g)(4) of title 18, United States Code, shall not be subject to the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note).
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This section is worse than useless. It removes all HIPAA protections for reporting mental health info NICS; but doesn't provide any standards or guidelines for what information is reportable. Can a doctor call up and report you because he thinks you shouldn't have a gun? How do you get out of the system if that happens? This is unacceptable language. My take is they should strip all the mental health language out and go with the NRA backed S.480.
Quote:
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"(B) A provider of an interactive computer service shall be immune from a qualified civil liability action relating to the transfer of a firearm as if the provider of an interactive computer service were a seller of a qualified product.
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As defined, this forum, your ISP, are all interactive computer services. They are provided the same immunity as a qualified seller under 47 USC 7903. However, as defined in that section, if an illegal sale takes place (no background check) then that immunity disappears. So if two people buy a firearm after talking about it in TFL and do not go through a background check, TFL is potentially liable for the illegal sale - and even if not liable, they won't get the PLCA protection against being dragged into BS lawsuits. Furthermore, except for three categories relating to FFL transfer availability and fees, the Attorney General (Eric Holder lest we forget) is given free reign to set up the regulations on how this law will actually be implemented.