Here is an interesting thought, (I think)
obamacare is a federal law
the fine is a federal penalty for breaking the federal law
if you do not do not have health insurance you are in violation of federal law and subject to a fine
does that not mean you are charged with a federal crime
which in turn is a felony
Which in turn means they take your guns.
I do not know what classification this crime would be, but not every federal crime is a felony.
“Here is an interesting thought, (I think)
obamacare is a federal law
the fine is a federal penalty for breaking the federal law
if you do not do not have health insurance you are in violation of federal law and subject to a fine
does that not mean you are charged with a federal crime
which in turn is a felony”
No, remember that sage, John Roberts, re-wrote the law and called it a tax, not a fine. And the law limits the powers of the IRS to even collect the tax.
You have to be convicted in a court of proper jurisdiction before you're guilty of a felony. They also have to bring charges of a criminal nature. The ACA specifies that no criminal charges may be brought for either not getting insurance or paying the penalty. So, no, it is not a felony.
A caller to Mark Stein (filling in for Rush) raised that very question yesterday. I think its not necessarily a cut and dried problem. For example, exempted categories (Amish, Christian healthcare co-ops, etc) would not sign up, and yet be compliant as being by operation of law exempt.
Whether those who choose direct resistance would be considered felons would be a question I think of the seriousness and the legal history of the offense. There are traditional, serious violations, such as murder, that ate not even violations of federal law, that are considered felonies. But there are much less serious infractions that are considered “magesterial” offenses, like not paying required fees or fines etc. As the law itself explicitly trivializes the penalty for non-payment, it seems likely you could make a case the government deems it not serious, and therefore not a felony. So to make it a felony, the law itself would have to change dramatically, and I don’t see that happening. JMHO.