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- From: Scott Bergeson <scottb@xmission.com>
- Subject: NRA-ILA Fax Alert Vol. 9, No. 13 3/29/02
- Date: 01 Apr 2002 08:57:30 -0700
-
- NRA FILES SUIT AGAINST SHAM CAMPAIGN FINANCE "REFORM"
-
- Hours after campaign finance "reform" - officially known as the
- "Bipartisan Campaign Reform Act" (BCRA) - was signed into law on
- Wednesday, NRA made good on its promise to launch a legal challenge
- to this attack on the First Amendment. NRA Executive Vice President
- Wayne LaPierre and NRA-ILA Executive Director James Jay Baker issued
- a joint statement announcing the filing of the NRA suit, stating,
- "When the federal courthouse opened for business today, NRA was
- there - we have filed suit to invalidate this unconstitutional
- infringement on the First Amendment rights of the NRA and our four
- million members nationwide."
-
- The statement went on to say, "We are proud to be the first plaintiff
- to formally ask the federal court to invalidate these new limits on
- the political speech of ordinary citizens because we believe that
- this law cannot be allowed to stand - not even for a moment. Sen.
- Paul Wellstone (D-Minn.) said on the floor of the United States
- Senate during the campaign finance debate that it was his intention
- to silence the NRA. As a direct and intentional target of this law,
- NRA has no choice but to protect our right to be heard."
-
- "Through this law," the statement continued, "Congress has essentially
- granted speech licenses to giant corporate conglomerates such as
- Viacom, Disney Corporation and General Electric Company by allowing
- those corporations unlimited rights to spend money talking about
- issues and candidates, while silencing the voices of ordinary citizens
- and citizens groups such as NRA. Why should corporations such as these
- media conglomerates, all of which own multiple non-news business
- enterprises and spend millions of dollars lobbying Congress - why
- should those corporations be allowed to spend whatever they wish,
- whenever they wish, saying whatever they wish regarding any issue or
- candidate - when a non-profit citizens organizations such as ours is
- prohibited from even responding via the broadcast media?"
-
- For a complete copy of Wednesday`s joint statement from LaPierre and
- Baker, those on the Internet can go to http://www.NRAILA.org/.
-
- Also of interest is one of the attorneys who has been selected to
- defend this legislative attack on the First Amendment. Former U.S.
- Solicitor General Seth Waxman will be an integral part of the legal
- team chosen by Congressional proponents of the BCRA to defend the
- new law. Waxman, you will recall, was the Solicitor General under
- Bill Clinton who wrote the now infamous letter that confirmed the
- Clinton-Gore Administration`s belief that law-abiding citizens have
- "no personal constitutional right, under the Second Amendment, to
- own or to use a gun." Perhaps his argument will now be that law-
- abiding citizens and the organizations that represent them have no
- personal constitutional right, under the First Amendment, to exercise
- political free speech!
-
- The overturn of campaign finance "reform" provisions that restrict
- our rights will continue to remain a top priority for NRA, and we
- will report further developments on this front.
-
- <snip>
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Charles C Hardy <utbagpiper@juno.com>
- Subject: ACLU college chapter being formed at USU. Pro-RKBAers may want to check it out. :)
- Date: 08 Apr 2002 14:46:03 -0600
-
- The following article from the current on campus paper of USU indicates
- that an ACLU chapter is being formed there to safeguard our essential
- liberties and inviting interested persons to atttend a meeting. If there
- are any pro-RKBA folks in those northern parts whose schedules will allow
- it, it might be interesting to attend and see if the individual, college
- chapter can count to 10 without skipping 2. Certainly the RKBA is an
- essential liberty that is subject to being infringed if not carefully
- guarded.
-
- Charles
-
- <http://utahstatesman.com/news/230672.html>
-
- The Statesman - Opinion
- Issue: 04/08/02
-
- LETTER: ACLU guards civil liberties
-
-
- Dear Editor,
-
- In order to safeguard civil liberties, a chapter of the American Civil
- Liberties Union has been established at Utah State University.
-
- At this critical time it is imperative that people understand their
- rights and the current efforts by our government to assuage these rights.
-
- It is in the interest of everyone for the citizenry to become informed
- about the anti-constitutional action of the current Congress and
- president. Also it is important to become involved in keeping these
- rights that are so essential to life, liberty and the pursuit of
- happiness.
-
- If your rights are important to you and you wish to know more about the
- ACLU and what it stands for, visit www.aclu.org and/or come to the first
- meeting of the USU chapter. We will be meeting Thursday on the third
- floor of the Taggart Student Center at the tables across from the
- Multicultural Student Center. Also stop by our booth at Pride! Day.
-
- Eagan Kemp
-
- USU chapter of the ACLU
-
- ________________________________________________________________
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- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Charles C Hardy <utbagpiper@juno.com>
- Subject: Hardy and Tobias independantly quoted in SLTrib
- Date: 10 Apr 2002 11:48:02 -0600
-
- I know many here regularly read the local papers and don't care to have
- too much posted from them. However, in this case, it seems worthwhile.
-
- And I'll give Dan Harrie credit for writing what looks like a well
- balanced piece with solid quotes from three pro-gun people, including
- yours truly and Janalee Tobias.
-
- As for the case itself, I am concerned about the outcome. A decision
- expanding the legislature's power to define the "use" of guns at the
- expense of the guaranteed right to "keep and bear" arms would not be good
- for us at all. However, a good decision would go a long way towards
- eliminating a lot of unconstitutional anti-gun laws on the books. Even
- if the courts rule against him, it would sure be nice if they limited
- their ruling to those currently on parole.
-
- Charles
-
- http://www.sltrib.com/04102002/utah/727084.htm
-
-
-
- Felon Argues For Gun Rights
- Wednesday, April 10, 2002
-
-
- BY DAN HARRIE
- THE SALT LAKE TRIBUNE
-
- Convicted felon Wade L. Willis is waging a legal battle for gun rights
- that makes even the most strident Second Amendment activist flinch.
- In a case pending before the Utah Court of Appeals, Willis says the
- law prohibiting felons from possessing guns violates the Utah
- Constitution's sweeping guarantee of self-defense rights. Much broader
- than the U.S. Constitution, the state version specifically recognizes an
- "individual right" to keep and bear arms.
- While the Utah Constitution acknowledges the Legislature's authority
- to regulate firearms, Willis argues that that legislative power is
- limited to "the lawful use of arms," and does not extend to mere
- possession.
- "Willis asserts that the plain language of . . . the Utah
- Constitution prevents the Legislature from limiting or restricting an
- individual's right to possess and keep firearms," says the brief written
- by defense attorney Margaret Lindsay.
- Because Willis was not convicted or charged with any offense
- involving discharge, brandishment or any other use of a gun, his
- conviction -- for escaping police custody and for possessing a gun when
- he was a restricted person -- and the state law should be thrown out,
- Lindsay says.
- State attorneys disagree, arguing Willis' interpretation of the
- Constitution defies logic.
- "The narrow interpretation urged by defendant should be rejected
- because it would yield absurd and contradictory results -- results that
- could not have been intended by Utah lawmakers," wrote Brett DelPorto,
- assistant attorney general.
- "Under defendant's view, criminal background checks required for the
- purchase of a gun would be useless against the felon who represents that
- he wishes to merely 'possess' a weapon, but not 'use' it," said DelPorto.
-
- "Metal detectors at courthouses, government offices and airports
- would be pointless if citizens have the unencumbered right to 'possess'
- firearms. Perhaps even prison inmates could claim a right to possess
- guns. In short, a would-be gunman could not be legally penalized or even
- confronted until he actually began to 'use' the gun, by which point the
- damage would be done."
- Jared Eldridge, a public defender who helped develop Willis'
- argument, agrees society would be ill served by overturning the ban on
- felons' possession of guns. But he added that the law is the law, flaws
- and all.
- "I don't advocate that convicted felons should be able to possess
- firearms," Eldridge said. "I don't advocate that, but the plain language
- of what the Legislature adopted [in a 1984 constitutional amendment]
- seems to provide their protection."
- Gun-rights lobbyists who have fought for relaxed concealed-weapons
- and other pro-firearms laws in recent years are cautious about jumping to
- Willis' defense.
- "You are going to have a hard time finding anyone who believes
- felons, particularly violent felons, should be packing guns around," said
- Charles Hardy, policy director for Gun Owners of Utah.
- But he said he does oppose lifelong gun-rights bans for nonviolent
- felons.
- "As a matter of principle and policy and logic, it simply doesn't
- make sense to deny people their right to keep and bear arms if they're
- not convicted of anything involving violence."
- Willis, a 22-year-old Utah County resident, seems to fit that
- description. A search of court records and interviews with attorneys
- indicate his only felony convictions were for escaping police custody and
- gun possession. He had a history of nonviolent misdemeanor convictions
- and charges, including shoplifting and, when he was a minor, illegal
- possession of alcohol and drugs.
- "To suggest a druggie and a thief ought to have guns is not a popular
- position," said Hardy. "But once his parole is ended, if he can't be
- trusted with a gun, he probably shouldn't be trusted with a lot of other
- rights. . . . Gun rights are not different from freedom of religion or
- freedom of the press."
- Janalee Tobias, founder of Women Against Gun Control, agreed there
- should be some connection between crime and punishment.
- "If you're a convicted felon for writing bad checks, take your pens
- away, but don't take away your guns," said Tobias. "It really depends on
- whether he's a violent offender."
- Utah Shooting Sports Council Executive Director Elwood Powell usually
- believes there is little room for restricting gun rights. "That's one of
- our God-given rights and that's to defend ourselves," said Powell. But he
- adds that felony convictions are one big exception. "Anybody that's
- committed a felony ought not to be walking the streets with a firearm.
- He's already thumbed his nose at the ordinary rules that decent people
- live by."
- The Court of Appeals has given Willis until May 3 to file a second
- brief in the case before it decides whether to hear oral arguments.
- In a ruling two years ago, the court upheld the statute prohibiting
- gun possession or use by a convicted felon. But that case was somewhat
- different in that it involved a defendant who was involved in a
- "shoot-out," not mere possession.
-
-
- ________________________________________________________________
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- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: OHIO COURT UPHOLDS RIGHT TO CONCEALED CARRY
- Date: 11 Apr 2002 10:32:24 -0600
-
- Cato Daily Dispatch
- April 11, 2002
- http://www.cato.org/
- http://www.cato.org/dispatch/04-11-02d.html
-
- <snip>
-
- OHIO COURT UPHOLDS RIGHT TO CONCEALED CARRY
-
- A state appeals court yesterday declared Ohio's decades-old ban on
- carrying concealed weapons unconstitutional because it violates the right
- to self-defense, according to Fox News. (
- http://www.foxnews.com/story/0,2933,49994,00.html )
-
- The framers of the Ohio constitution "put the citizens' rights up front,"
- said Mark Painter, presiding judge of the 1st Ohio District Court of
- Appeals. "We believe they meant what they said."
- Ohio's attorney general asked the state Supreme Court for an immediate
- delay of the ruling to hear an appeal, said spokesman Joe Case. Lawyers
- for Cincinnati, Hamilton County, and the state had argued that government
- has the right to regulate the manner in which weapons are carried.
-
- In "Fighting Back: Crime, Self-Defense, and the Right to Carry a Handgun,"
- ( http://www.cato.org/pubs/pas/pa-284.html ) an analysis of a 1987 Florida
- law that allowed citizens to carry concealed firearms in public, Jeffrey
- R. Snyder found that there was a decrease in violent crime, not the
- increase many people had predicted.
-
- The Cato Institute hosted a book forum featuring legal scholar John R.
- Lott, Jr., author of More Guns, Less Crime. His updated book presents
- the most comprehensive analysis ever done on crime statistics and the
- right-to-carry laws. Video of the forum is available on the Cato Web
- site. ( http://www.cato.org/events/000616bf.html )
-
- Jerry Brito, editor, jbrito@cato.org
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: MMM - The Time Out Chair
- Date: 12 Apr 2002 08:34:40 -0600
-
- A moment for the idiots:
-
- -----
- http://www.millionmommarch.org/features/timeout/index.asp
-
- The Time Out Chair features people, organizations and corporations who put
- sensible gun practices on the back burner in favor of the out of touch gun
- lobby. Mom's know who's been bad and who's been good and we want to make
- sure that everyone knows who is in the time out chair and why they deserve
- it.
-
- Time Out Chair
- 1. John Lott
- 2. Law Enforcement Alliance of America (LEAA)
- 3. John Ashcroft
- 4. Eddie Eagle Program
- 5. Lowe's Hardware
- 6. Michigan Governor John Engler
-
- 1. Pro-gun "scholar" John Lott gets a seat in the Time Out Chair for using
- the September 11 terrorist attacks to call for more guns on airplanes. Lott,
- who authored the widely-discredited book "More Guns, Less Crime," suggested
- in a September 28 column in the Wall Street Journal that, not only should
- pilots be armed but that passengers should also be allowed to carry guns on
- planes. He then exploits a national tragedy even further by saying our
- nation would be safer if more people carried hidden handguns everywhere, not
- just on planes.
-
- Lott fails to recognize a simple fact: more guns equal more violence.
- America is safer when steps are taken to prevent terrorists from getting
- weapons in the first place, not when citizens are engaged in gunfights on
- airplanes or on our streets....
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: FW: Don't Flinch at Felons With Firearms
- Date: 15 Apr 2002 10:11:14 -0600
-
-
- My latest column
- http://www.strike-the-root.com/columns/Eldred/eldred2.html
-
- Includes a link to P:SS
-
- NEVER AGAIN UNARMED.... LET FREEDOM FIGHT!
- ---
- > PROJECT: SAFE SKIES MAILING LIST
- > PROJECT: SAFE SKIES WEBSITE http://www.projectsafeskies.org
- > List Moderator: hunter@mva.net
- > TO UN/SUBSCRIBE: send blank email with command as subject
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Charles C Hardy <utbagpiper@juno.com>
- Subject: FW: Gun Hysteria Slides Into Lunacy
- Date: 15 Apr 2002 13:24:17 -0600
-
- Just how far things can go.
-
- --------- Forwarded message ----------
- *********************************
- Hostile Learning Environment
- by Stephen F. Hayes
- Washington Times, 4/12/02
-
- For 15 years, Patrick Washburn has displayed a Reconstruction-era rifle
- on
- the wall of his office at Ohio University (OU). The firearm, a family
- heirloom passed down from his great-grandfather, seemed to be an
- appropriate
- antique for Mr. Washburn to hang there: Mr. Washburn is a journalism
- professor specializing in the history of wartime press.
-
- But now, he's the one doing battle with Ohio University administrators.
- Although Mr. Washburn is one of the nation's foremost media historians
- and
- is the incoming president of the American Journalism Historians
- Association,
- campus bureaucrats apparently feared he might dust off the relic and
- shoot
- up the campus. So on Jan. 25, they dispatched campus police to Mr.
- Washburn's office and ordered him to remove the 1878 Springfield rifle.
-
- Mr. Washburn was stunned by what he rather diplomatically calls their
- "ridiculous" demand. But facing threats of disciplinary action, he took
- the
- rifle home at the end of the day. (The police officer also asked Mr.
- Washburn to remove a spear he had received as a gift from a former
- student.)
-
- In a letter the next day, Mr. Washburn protested that the gun A) is
- inoperable, B) has been touched only once - when he changed offices -
- since
- he mounted it, and C) likely hasn't been fired for more than 100 years.
-
- But OU officials wouldn't budge. They told Mr. Washburn they had received
- several complaints from members of the OU community who felt "threatened"
- by
- the antique. Removing it, they reasoned, was the only way to end "all the
- distress it is causing."
-
- When Mr. Washburn asked what rule he had violated, school officials
- pointed
- to the school's "Workplace Violence Policy," which, they claim, had been
- implemented some 18 months earlier. The policy focuses on "threats,
- violent
- behavior, or acts of intimidation." But it also clearly forbids "carrying
- or
- displaying weapons of any kind, including but not limited to firearms,
- martial arts devices, bows and arrows or other archery types of devices,
- sling shots, blow darts, blackjacks, stun guns, lasers or other kinds of
- submission devices."
-
- Mr. Washburn says this incident was the first he had ever heard of these
- rules, a contention supported by several of his colleagues, and confirmed
- by
- the school in a letter from the OU legal affairs director, John Burns.
- "As
- to the Workplace Violence Policy, you are certainly probably correct that
- you or others have not heard of it before this matter arose." But
- ignorance
- of the policy is no excuse, Mr. Burns argued. And although it has hung
- for
- 15 years without any objections, that "does not 'grandfather' a
- permission
- for you to have a gun in you[r] office, decoration or not; and there is
- no
- provision for an exception for you in the policy."
-
- Fortunately, Mr. Washburn is a tenured professor who can afford to fight
- back. He also has a sense of humor. "The purpose of this note is to
- formally
- request that the cannons that are fired when Ohio University scores at
- football games not only never be fired again as long as the present
- Workplace Violence Policy is in effect, but that they be removed from
- campus," he wrote in a note to Mr. Burns and OU President Robert Glidden.
- "I
- go to the games, and I feel threatened by them."
-
- If Mr. Washburn has a sense of humor, administrators at Ohio University
- apparently do not. Gary North, vice president of administration, fired
- back
- at Mr. Washburn, first belittling his "illogical" complaint about the
- "noisemaker" - actually, a functioning replica of an 1841 Howitzer cannon
- -
- and then dismissing it. And while Mr. North concedes that the policy
- "clearly needs revision for greater clarity," that is a curious admission
- considering what the school did next.
-
- Ohio University filed a formal "Unacceptable Behavioral Incident Report
- Form" against its own professor. While that will allow them to revisit
- their
- prohibition on antique guns, they will also investigate the "underlying
- behavioral issues" of Mr. Washburn. The last point is particularly
- amusing
- because, as Mr. Washburn points out, in displaying his gun he "didn't
- behave
- in any fashion." The gun just sat there. The subsequent investigation of
- Mr.
- Washburn's behavior becomes a bit less humorous, though, if the
- administrators are referring to Mr. Washburn's protest. Either way,
- they've
- threatened to make the report a part of his permanent record.
-
- The school has told Mr. Washburn that he will know by April 15 whether he
- is
- allowed to put the rifle (and spear) back on his wall. If they say no, of
- course, Ohio University will not only invite further ridicule for this
- silly
- policy; the school risks becoming the go-to example of the law of
- unintended
- consequences.
-
- The theater department will have to gut the performance of "Goodnight
- Desdemona," scheduled for later this spring, because of the play's
- elaborate
- fight scenes. Physical education classes will put down their bows and
- arrows, putting an end to archery lessons. The school's library will be
- required to take down its display of Indo-Asian spears and weapons. Even
- the
- chemistry department, with all the talk these days about chemical
- weapons,
- will have to work only with harmless chemicals.
-
- And then there's that cannon.
-
- [Stephen F. Hayes is a staff writer at the Weekly Standard.]
-
- # # #
-
- Note: According to my "google" search, you can contact Ohio University
- President Robert Glidden at: president@www.ohiou.edu
-
- ________________________________________________________________
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-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Charles C Hardy <utbagpiper@juno.com>
- Subject: Gun debate on campus
- Date: 15 Apr 2002 15:35:30 -0600
-
-
- It would probably be nice to have as many solidly pro-gun supporters in
- the audience for this debate as possible.
-
- Charles
-
- ----- Forwarded Message -----
- campus
-
-
- >
- >
- > -----Original Message-----
- > From: Group Gun Rights Advocates
- > To: Students; All Faculty; All Staff
- > Sent: 4/11/2002 1:40 PM
- > Subject: Professor Flynn and Mark Shurtleff to debate guns on campus
- >
- > Please plan to attend the debate between Professor John Flynn and
- Utah
- > Attorney General Mark Shurtleff.
- >
- > Professor Erik Luna will be moderating the debate.
- >
- > They will be debating (1) the legal question of the University's
- > authority to ban guns on campus even when carried by concealed carry
- > permit holders with permits issued by the state and (2) and the
- policy
- > question of whether guns belong on campus at all.
- >
- > Wednesday, April 17th
- > Noon
- > Moot Court Room
- >
- > Hope to see you there. Please forward to anyone who might be
- interested
- > in attending.
- >
-
- ________________________________________________________________
- GET INTERNET ACCESS FROM JUNO!
- Juno offers FREE or PREMIUM Internet access for less!
- Join Juno today! For your FREE software, visit:
- http://dl.www.juno.com/get/web/.
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: "Larry" <larsenl@infowest.com>
- Subject: recognize other states CCW permits, not
- Date: 15 Apr 2002 17:26:22 -0600
-
- Can anyone help out on this,
- http://www.dps.state.az.us/ccw/recip.htm
-
- Utah does not recognize other states CCW permit, how come?
-
- Larry
-
-
-
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Chad Leigh -- Pengar Enterprises Inc. <chad@pengar.com>
- Subject: Re: [mormon-libertarian] 2d amendment
- Date: 16 Apr 2002 05:31:19 -0400
-
-
- On Monday, April 15, 2002, at 10:47 , Scott Bergeson wrote:
-
- > Reply to Le.
- >
- > -------- Original Message --------
- > Subject: [mormon-libertarian] 2d amendment
- > Date: Mon, 15 Apr 2002 19:26:25 -0700 (PDT)
- > From: Le Sellers <lesellers@rocketmail.com>
- > To: mormon-Libertarian@yahoogroups.com
- >
- > I'm not a 2d amendment expert (I can usually hold
- >
- > my own in ordinary circumstances, but it's not
- > my forte). But I am in a discussion regarding
- > the libertarian position of owning and bearing
- > arms and would like a few pointers if any can
- > supply them.
- >
- > One of the pariticapants poses the hypothetical
- > extreme position, that a person, transporting
- > handgrenades cannot be taken into custody unless
- > or until he acutally uses one againt the
- > policeman who stops him for a traffic infraction.
- > (Going to the issue of traffic laws here won't
- > advance the discussion.)
-
- Why does the policeman want to take the guy into custody? Has he done
- anything wrong? How does the cop know he has the hand grenades? Did
- the policeman illegally search the guys car?
-
- Another, less helpful argument, is that hand grenades are NOT protected
- by the 2A, not being arms. Grenades are ordnance, not arms. I don't
- like that argument though. Some people do make the distinction. Things
- like Atomic Bombs and stuff are also ordnance and not arms in case
- someone makes that dumb argument.
-
- best
- Chad
-
- >
- > Any help out there?
- >
- > Lehi
- > ====
- > Please sign the proclamation at
- > www.sepschool.org/proclamation.
- >
-
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Charles C Hardy <utbagpiper@juno.com>
- Subject: Re: Gun debate on campus
- Date: 16 Apr 2002 11:07:15 -0600
-
- For those interested in the Debate regarding guns on campus between Prof.
- Flynn and Utah AG Shurtleff, here is some more info on the location and
- time.
-
- Time: Noon
- Place: Moot Court Room
- Which is on the north side of the foyer in the Law School
- Building
- 300 South University Street (about 1340 East)
-
- Please attend if possible and feel free to pass this info along to others
- who might be interested.
-
- Charles
-
- ________________________________________________________________
- GET INTERNET ACCESS FROM JUNO!
- Juno offers FREE or PREMIUM Internet access for less!
- Join Juno today! For your FREE software, visit:
- http://dl.www.juno.com/get/web/.
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Charles C Hardy <utbagpiper@juno.com>
- Subject: Re: recognize other states CCW permits, not
- Date: 16 Apr 2002 10:56:58 -0600
-
-
- On Mon, 15 Apr 2002 17:26:22 -0600 "Larry" <larsenl@infowest.com> writes:
- > Can anyone help out on this,
- > http://www.dps.state.az.us/ccw/recip.htm
- >
- > Utah does not recognize other states CCW permit, how come?
- >
- > Larry
-
-
- Larry,
-
- Maybe I can be of some help. Utah DOES recognize CCW permits from other
- States--all of them, in fact. Utah also recognizes permits issued by any
- city or county in the U.S. It recognizes these permits on exactly the
- same basis as a Utah State issued CCW permit, BUT with one restriction.
- Utah only recognizes these out-of-State permits for 60 consequtive days.
- If a person physically remains in the State of Utah for more than 60
- days, their out of State CCW permit is no longer valid. Any time they
- leave the State (and no minimum time frame is given in statute for how
- long they need to remain outside the State) the 60 day counter resets.
-
- As a practical matter, unless a person is under 24/7 surveillance, the
- only way this restriction could be enforced would be self-incrimination
- or testimony from someone (or enough various persons) to establish that
- s/he had not left the State, even momentarily, in the last 60 days.
- After all, Utah does not issue visas at the border and so has no way,
- generally, to determine how long it has been since someone crossed the
- State line into Nevada, Idaho, New Mexico, Arizona, Colorado, etc.
- However, in the strictest legal sense, the limitation does prevent a full
- and complete reciprocity agreement with other States.
-
- You can thank the NRA and USDIN (Utah Self Defense Instructors Network --
- a group of some of the CCW instructors) for the 60 day limitation. Last
- year a bill was introduced that would have changed Utah law such that
- Utah would recognize any CCW permit from any jurisdiciton in the nation.
- Previously, Utah had only recognized permits issued by other *STATES* and
- only if we had a formal reciprocity agreement with them. In several
- States, it is the county or city or chief of police who actually issues
- CCW permits rather than some State agency. Under our old law, we could
- not recognize those permits. Thus, a permit from California, which is
- much more difficult to obtain than a Utah permit could not even be
- considered for reciprocity because in California, it is the local police
- chief or sherrif who issues permits. Also, we found that our Department
- of Public Safety, which is charged with issuing permits and establishing
- reciprocity agreements was really not working very hard at getting those
- reciprocity agreements.
-
- UTGOA was spearheading the bill to simply recognize ALL valid permits
- knowing that many States would automatically recognize Utah's permits if
- we recognized theirs. Also the principle of the matter was correct.
- GOUtah supported those efforts. And the bill was advancing nicely.
- However, at the 11th hour, the NRA's paid lobbyist, Brian Judy, arrived
- in town and along with the head of USDIN, Clark Aposhian, cut a deal with
- several legislators to amend the bill by adding the 60 day limit. Other
- pro-gun organizations were not informed of the meeting or the plan and,
- in fact, the head of UTGOA, Sarah Thompson, and her husband have claimed,
- with a fair bit of credibility, IMO, that they and others were
- deliberately shut out of the meeting where the compromise was made. NRA
- and USDIN claim that was not the case.
-
- Regardless, UTGOA and GOUtah were opposed to the limit and predicted that
- it may cause certain States to stop recognizing our permits. NRA and
- USDIN said we were being paranoid and claimed the limit was the only way
- to pass the bill. UTGOA and GOUtah believe the bill would have passed
- without the amendment, but the damage was done, and the amendment was
- added and the bill, as amended, passed. I've not checked, but it is
- possible that one or two States in the east or midwest are now willing to
- recognize Utah's permits based on Utah's limited acceptance of their
- permits. But, obviously, for most Utahns, losing Arizona hurts a lot
- more than gaining Florida or some other State east of the Mississippi
- might help.
-
- GOUtah, and I'm sure UTGOA, will be working to have the 60 limit
- eliminated next session. USDIN and NRA claimed, at the time of the
- amendment, that it was their version of incrementalism and we could "come
- back and fix the bill later." However, to the best of my knowledge,
- neither organization did anything to get the 60 day limit removed this
- just concluded session. GOUtah and UTGOA attempted to find a sponsor for
- the bill, but were unable, though we did get several other pieces of
- pro-gun legislation sponsored and some passed. We hope to have their
- support next session and with the loss of Arizona we may be able to
- persuade at least one legislator to sponsor the needed bill. If nothing
- else, I am running for the Utah House from District 41 (Sandy -
- Bluffdale) and plan to sponsor several pro-gun-RIGHTS bills if elected,
- including one to remove this limitation.
-
- GOUtah and UTGOA would be pleased to have the support of like minded
- individuals in fixing this problem. Contact info for them is at:
- http://www.goutahorg.org
- and
- http://www.utgoa.org
-
- Members of the NRA and members of USDIN may wish to contact their
- respective organizations to ask them to support these efforts next year.
- Finally, ANYONE with a Utah CCW permit should contact their instructor
- and determine if s/he is a member of USDIN and if so, ask her/him to push
- for USDIN support to fix this problem.
-
- My ultimate goal and pledge as a candidate for the legislature is nothing
- less than full RIGHT to carry which would not require any permits at all.
- I would leave Utah's CCW permit system in place both for those who
- derive some benefit from the permit (such as travel to States that
- recognize it) as well as to avoid having the NRA or USDIN oppose me.
- Utah should offer permits to those who will benefit from them, but should
- not require permits to exercise our Constitutioally protected right to
- both keep and bear arms.
-
- Charles Hardy
- Policy Director
- GOUtah!
- Candidate, Utah House #41
-
- ________________________________________________________________
- GET INTERNET ACCESS FROM JUNO!
- Juno offers FREE or PREMIUM Internet access for less!
- Join Juno today! For your FREE software, visit:
- http://dl.www.juno.com/get/web/.
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: Can the 2nd Amendment and Social Security coexist?
- Date: 17 Apr 2002 09:48:36 -0600
-
- Can the 2nd Amendment and Social Security coexist?
- ----------
- JPFO
- by Claire Wolfe & Aaron Zelman
- "Is the much-discussed coming collapse of the Social Security
- system one reason politicians want to eliminate citizen gun
- ownership? Do they fear that, when the 70-year-old house of
- cards -- the SS system -- comes tumbling down, citizens might
- resort to violence?" (04/16/02)
- http://www.free-market.net/rd/129700743.html
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: U. Prof Flynn threatens to resign if criminals not protected
- Date: 18 Apr 2002 09:33:03 -0600
-
- http://www.sltrib.com/04182002/utah/utah.htm
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Chad Leigh -- Pengar Enterprises Inc. <chad@pengar.com>
- Subject: Re: U. Prof Flynn threatens to resign if criminals not protected
- Date: 18 Apr 2002 12:17:20 -0400
-
- Does this bozo Prof have an email address?
-
- best
- Chad
-
- On Thursday, April 18, 2002, at 11:33 , Scott Bergeson wrote:
-
- > http://www.sltrib.com/04182002/utah/utah.htm
- >
- > -
- >
- >
-
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: Re: U. Prof Flynn threatens to resign if criminals not protected
- Date: 18 Apr 2002 10:46:07 -0600
-
- On Thu, 18 Apr 2002 12:17:20 -0400 Chad Leigh -- Pengar Enterprises
- Inc. wrote:
-
- >Does this bozo Prof have an email address?
-
- Sure; mailto:flynnj@law.utah.edu
-
- Scott
-
- >>http://www.sltrib.com/04182002/utah/utah.htm
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: Netscrape-AOhelL Promotes Gungrabber Rosie O'Donnell's book
- Date: 19 Apr 2002 12:22:58 -0600
-
- I hope she's questioned he gun-grabbing ways, but I doubt it.
-
- Javascript link from
- https://ww2.literaryguild.com/mybookclub/halfoff/bookclubs/lga/JoinFast/c55/c55_coupon.htm?src=AOL_05_em_57_001_D074
-
- [May break, but I've included most of the info.]
-
- FIND ME
- by Rosie O'Donnell
- The Beloved Entertainer Shares The Story Of
- An Encounter That Changed Her Life Forever!
-
- Yours Now For 40ó
-
- The Literary Guild - Netscape
-
- FIND ME ù by Rosie O'Donnell
-
- Emmy«-Award winning "Queen of Nice" TV talk-show
- host, Rosie O'Donnell admits, "I like to help. I need to
- help. I help a lot, sometimes too much." Now, as she
- closes the door on her stunningly successful show, Rosie
- reveals an extremely personal and traumatic true story
- about how helping a stranger forever altered her life.
-
- For this brazen, unabashed comedienne, the whole world
- changes with just one phone call. Through the NJ
- adoption agency she helps run, Rosie is put in contact with a
- 14-year-old pregnant rape victim named Stacie Davis and her mom
- Barb. Rosie and Stacie bond instantly. Despite warnings from her
- friends and colleagues, Rosie talks with Stacie late into the night,
- nearly every night, sharing things she's shared with no one else--her
- boredom with the talk show, the excitement of Rosie magazine and
- heart-breaking memories of her mother, who died when Rosie was 11.
- As she calls the mother and daughter more and more, Rosie finds
- herself plunging deeper into their lives...until she discovers a
- startling secret about Stacie that will make Rosie question
- everything in her own life.
-
- "I used to spend a lot of time wondering why I worry about the things
- I do," Rosie confides. In this deeply touching memoir in the tradition
- of Girl, Interrupted, Rosieùand her many fansùdiscover the surprising
- answer.
-
- "I like to help. I need to help. I help a lot, sometimes too
- much."ùRosie O?Donnell
-
-
- Pub. Edition: $23.95 Mem. Edition: $11.97
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: Should felons have guns?
- Date: 23 Apr 2002 11:09:19 -0600
-
- Should felons have guns?
- ----------
- Armed Females of Texas
- by Kathryn Graham
- "Let me duck down behind some cover here. Yes! I think that
- felons should be allowed to purchase -- and carry -- firearms."
- (04/02)
- http://www.free-market.net/rd/82981938.html
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: permit to own a gun
- Date: 23 Apr 2002 11:35:24 -0600
-
- Puckett responds to L. A. Times Article
- ----------
- KeepAndBearArms.Com
- by Brian Puckett
- "I would never apply for a permit to own any gun, any more than
- I would apply for a permit to own a Bible, or Torah, or printing
- press, or to obtain legal counsel, or to assemble with other
- citizens." (04/22/02)
- http://www.free-market.net/rd/323322436.html
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Charles C Hardy <utbagpiper@juno.com>
- Subject: Utah House 41 Debate Tonight
- Date: 23 Apr 2002 12:34:30 -0600
-
- Just a reminder that Grassroots is sponsoring a candidates' debate for
- the Republican Candidates in Utah House 41. District 41 includes parts
- of Sandy, Draper, Riverton, South Jordan, and Bluffdale. The two
- Republican Candidates are Charles Hardy and Todd Kiser.
-
- The Debate is from 7:00 pm (prompt) to 8:30 pm TONIGHT, Tuesday, April
- 23, in the Riverton Library. The Library is 12860 So. Redwood Rd.
- Arrive 15 to 30 minutes early to mingle with the candidates before the
- debate begins.
-
- The debate is intended primarily to allow GOP SL Co Delegates to get to
- know the candidates before casting votes at the convention this Saturday.
- However, all interested parties are invited. Voters living in (the new)
- District 41are especially invited.
-
- Come find out where the candidates stand on the issues you care about:
- Taxes, property rights, the role of State Government; Educational Funding
- and Tuition Tax Credits; the right to keep and bear arms, civil
- forfeiture, or any other burning issues.
-
- Charles Hardy
- Republican Candidate, Utah House 41
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Charles C Hardy <utbagpiper@juno.com>
- Subject: unSafe to learn/worship at it still.
- Date: 23 Apr 2002 13:33:36 -0600
-
- From today's Desnews. Some counter efforts and educational outreach at
- some of their collection venues might be in order.
-
- http://deseretnews.com/dn/view/0,1249,380014580,00.html?
-
- No-guns petition revived
-
- Group's 'do or die' effort targets churches, schools
-
- By Amy Joi Bryson
- Deseret News staff writer
-
- A grass-roots citizens' coalition is picking up where it left off
- two years ago in its failed attempt to ban permitted concealed guns in
- churches and schools.
- Although the Safe to Learn, Safe to Worship petition started out
- strong, collecting more than half the necessary 67,188 signatures, the
- effort faltered due to lack of cash to spread the word.
- "This is our do or die here," coalition spokeswoman Maura Carabello
- said, adding collection points for signatures have been established at
- the Delta Center during every home game of the Utah Jazz as well as PTA
- headquarters and the Catholic and Episcopal dioceses.
- This second drive gives the group a step up because it can use the
- 32,000 signatures it collected the last time. State law allows a petition
- drive to take four years if necessary to collect enough signatures for
- the ballot. Their deadline is June.
- "We are much more focused, much more organized, and we've had great
- support," Carabello said. "We are feeling very good about our coalition."
- The issue the group will pose to voters is a revision in the state
- law dealing with concealed weapons and where they are permitted. Unlike a
- couple dozen other states that provide specific bans, Utah's law allows
- people with concealed weapons permits to carry their guns on school
- campuses and in churches.
- "There are places that guns don't belong, and at the top of the
- list are schools and houses of worship," Carabello said. "These are
- unique environments, with one being the environment of learning and the
- other a religious sanctuary."
- Carabello said she believes University of Utah President Bernie
- Machen's recent stand against allowing concealed weapons on campus will
- bolster the coalition's efforts.
- "The U. battle has sort of helped focus the issue. The coalition
- does solve the university's problem, and this is the best way for people
- to help the university."
- Machen ran afoul of lawmakers in the 2002 general session when he
- refused to budge from the school's policy of banning guns despite its
- apparent conflict with state law.
- In March, he filed a "friendly" lawsuit to force a definitive court
- ruling on whether the school's prohibition can withstand constitutional
- scrutiny.
- Utah Attorney General Mark Shurtleff is defending Utah's law and
- says institutions can't adopt policies that are in conflict with current
- gun laws.
- He also hopes the coalition's efforts fail.
- "It would be a bad law," he said. "It does nothing to protect kids.
- This would send a message to every maniac out there that they can come in
- our schools and wreak havoc without fear of anyone shooting back at
- them."
- But Carabello and other coalition members say it should be a "no
- brainer" that schools and churches be allowed to outlaw guns.
- "The Utah PTA is not against the right to own and bear arms;
- however, this is a safety issue," PTA President Susan Dayton said. "This
- is a position that has long come from our membership that guns do not
- belong in schools."
- Dayton said she believes, in contrast to the sentiment that
- dominates the Legislature, that the majority of Utahns would agree with
- the coalition's position.
- "This needs to be something the citizens of Utah have a chance to
- vote on. Unless it is on the ballot, we won't hear from them."
- Dayton said the PTA has been focusing its attention on training its
- members to educate the public about what the initiative will accomplish.
- "We have done some training to tell people what it is and what it
- is not," she said. "It is not an anti-gun initiative."
- But one coalition critic ù an outspoken state senator who has
- battled the U. and its gun policy ù predicted a doomed petition drive.
- "The more people who understand this, the fewer people there are
- who are interested in this initiative. If people hear the debate, even if
- they do collect the signatures, it will still fail," Sen. Michael
- Waddoups, R-Taylorsville, said.
- Waddoups conceded he, too, is against the basic premise of guns in
- churches and schools.
- "But this initiative simply stops the law-abiding citizens, the
- permit holders. The criminals can still do what they want. This doesn't
- stop who we want to stop."
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: FW: Safe Skies to travel Agents
- Date: 25 Apr 2002 22:19:04 -0600
-
- -------- Original Message --------
-
- Hello Safe Skies Volunteers and list members,
-
- The new letter is aimed at your local travel agents. You can
- track down your travel agents by using the following link:
-
- http://www.icta.com/findagen.htm
-
- Attached are the files for this letter in both MS and Apple readable
- format. [Gnope] The letter itself is below. I suggest that you
- delete this header, put your own name at the bottom, and forward
- it by e-mail directly to your travel agent, or copy the attachment
- and distribute paper copies.
-
- I would be interested to hear of the responses you receive. Post any
- to the Safe Skies list.
-
- safe-sky@vader.com
-
- Tom Bridgeland
-
- Dear Sir/Madam,
-
- Has business been good recently? The entire travel industry is
- hurting, and we all know the reason. Since the tragedy of 9/11 nothing
- has been the same. Some people say that it is fear, that many people
- are afraid to fly now because they are afraid of terrorism. That may
- have been true in the days immediately after the event, but now more
- than a half year later? Do you believe it?
-
- I do not. The cause of the continued slump in air travel is simple.
- It takes too long and is just too much trouble getting through an
- airport these days. Any flight less than about four hours just isn't
- worth the hassle, it is easier and even quicker just to drive. Even
- the time factor isn't the whole story though. Every time we read in
- the paper about some ignorant goon groping the women travelers, or
- bullying crippled old men just because they can, it takes away our
- desire to fly. Nobody likes to be humiliated and treated as an
- inferior or a criminal, just to exercise the right to travel. I used
- to like flying. Not anymore. Now I have to worry about how I will
- react if I see my wife wand raped. Or my five-year-old daughter strip
- searched.
-
- It didn't used to be like this. Security checks prior to the first
- wave of skyjackings in the sixties were by our standards non-existent.
- Things were so relaxed that what is unthinkable now was commonplace.
- Even firearms, those evil guns politicians love to rail at, were
- perfectly acceptable as carry-on luggage, along with their ammunition!
- Every hunting season planes would fill up with hunters heading to
- their favorite spots, every one with a high powered rifle or repeating
- shotgun and a box or three of ammunition right in the overhead
- compartment! Can you imagine that today?
-
- That is what I am asking. Skyjacking in the sixties was the direct
- consequence of changes to the law that banned common passengers
- from carrying arms on the plane. Within a few short years audacious
- criminals saw their opportunity and began to strike. Armed sky
- marshals put an end to that in the seventies, but the skyjackers are
- back now, in a new and much more deadly form. These new ones just
- want to kill.
-
- There is a response we could make that would solve both the problem
- of how to deal with terrorists and how to eliminate the overbearing
- goons at the airports who are driving away your customers. We must
- return to a successful, proven policy. When security was unknown but
- passengers were armed, crime in the skies was unknown. No skyjackers.
- No terrorists. Not even very many violent drunks. Check up on it.
- You will find that what I am saying is true. Sociologists have shown
- conclusively that in societies that ban guns crime skyrockets. Just
- read the recent crime stats for Britain or Australia, both once
- considered the safest of travel destinations. The exact same
- conclusions apply on planes. Gun-free zones are deadly places to be,
- happy hunting grounds for the violent. It is a proven fact.
-
- There are a lot of possible objections to this idea of returning to
- armed passengers. Some may be reasonable but most have no basis in
- fact, are merely hysteria. Bullets do NOT cause a plane to decompress,
- for example, the evidence, from uncounted military craft shot nearly
- to pieces and not decompressing, is clear. No American airliner in
- that era was ever shot down by a passenger. In fact no records can be
- found of ANY negative events due to armed passengers! We have checked.
- I don't ask you to take my word on it. If you will search the web site:
-
- http://www.projectsafeskies.org
-
- you can find a wealth of factual information covering these and other
- concerns you might have.
-
- If your business is hurting due to loss of flying customers, you
- should consider petitioning your representatives in Congress to
- allow airline companies to make the decision whether to permit armed
- passengers or not. Some will and some won't, and your clients can
- choose which they prefer. That is the true American way. Let people
- choose the risk they wish to take for themselves. I know which choice
- I will make given the chance!
-
- Thank you for taking the time from your busy schedule to read this.
- I hope that business will be picking up soon in the travel industry.
-
- Yours sincerely,
-
- (name)
- (address and phone)http://www.projectsafeskies.org - Safe Skies to Travel Agents
-
- NEVER AGAIN UNARMED.... LET FREEDOM FIGHT!
- ---
- > PROJECT: SAFE SKIES MAILING LIST
- > PROJECT: SAFE SKIES WEBSITE http://www.projectsafeskies.org
- > List Moderator: hunter@mva.net
- > TO UN/SUBSCRIBE: send blank email with command as subject
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: Flynn dissembles
- Date: 26 Apr 2002 08:35:48 -0600
-
- Why wait for him to quit? (If only!) The Utah public is paying
- this criminal prevaricator's salary.
-
- Scott
-
- Bearing Liveries
- http://www.sltrib.com/04262002/public_f/731554.htm
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: Seven states failing to protect 'Right to Keep and Bear Arms'
- Date: 29 Apr 2002 10:08:52 -0600
-
- Seven states failing to protect 'Right to Keep and Bear Arms'
- ----------
- Cybercast News
- "Seven states do not have clauses in their constitutions allowing
- citizens the right to keep and bear arms, an attorney and research
- director of the Colorado based Independence Institute warned
- Friday at the opening of the National Rifle Association's annual
- convention." (04/26/02)
- http://www.free-market.net/rd/246006078.html
-
- -
-
-
-
- -------------------------------------------------------------------------------
-
- From: Scott Bergeson <scottb@xmission.com>
- Subject: Re: Seven states failing to protect 'Right to Keep and Bear Arms'
- Date: 29 Apr 2002 10:46:39 -0600
-
- Brad Barnhill responds:
-
- Reply-To: bradbva@mindspring.com
-
- Mr. Burns,
-
- I have received this link to your article:
- Seven States Failing to Protect 'Right to Keep and Bear Arms,' Says Lawyer
-
- While I will agree that it would be very difficult to amend the
- constitutions of these states in the present climate preferential to
- those advocating victim disarmament, I would offer the following:
-
- Each state constitution has a clause in its declaration of rights
- known as the "reservation of non-enumerated rights." This essentially
- reserves to the people all of the rights that are not enumerated in
- the state's declaration of rights.
-
- Let's take California for an example. Is there any doubt that
- the majority of people in California at the time of the original
- ratification of this state's constitution wore pistols at their hip?
-
- Or take Maryland. If you look at the issue as to whether the founders
- of Maryland, such as Mr. Carroll of Carrollton, or Mr. Paca deigned
- that the people's right to be free to arm themselves against tyranny,
- you will find that they are the ones that instituted and led the
- militia of Maryland under the notion that they would inevitably be
- going to war against England.
-
- The issue that I would raise in such a state as California or Maryland
- is a legal principal known as "pari-marteria." If you take a look at
- the rights of the people in the other states of the Union that were
- contemporaneous with Maryland, you find, for example, that Pennsylvania's
- constitution states: "The right of the people to keep and bear arms
- shall not be questioned." Using the non-enumerated clause from the
- Maryland Declarataion of Rights, I can point to the right that the
- people of Pennsylvania's expressly reserved as my own.
-
- So, just because the state does not explicity restrain the legislature
- from trampling the right of the people to keep and bear arms, does not
- mean that such a right was not inherent at time that their constitution
- was ratified. Quite the reverse. The founders of Maryland thought that
- this right was so obvious and fundamental that they did not feel it
- necessary to enumerate.
-
- I thank you for your attention.
-
- Brad Barnhill
- Systems Analyst and patriot
-
- >From: Scott Bergeson <scottb@xmission.com>
- >To: Utah Firearms <utah-firearms@lists.xmission.com>
- >Subject: Seven states failing to protect 'Right to Keep and Bear Arms'
- >Date: Mon, 29 Apr 2002 10:08:52 -0600
-
- >Seven states failing to protect 'Right to Keep and Bear Arms'
- >----------
- >Cybercast News
- > "Seven states do not have clauses in their constitutions allowing
- > citizens the right to keep and bear arms, an attorney and research
- > director of the Colorado based Independence Institute warned
- > Friday at the opening of the National Rifle Association's annual
- > convention." (04/26/02)
- >http://www.free-market.net/rd/246006078.html
-
- -
-
-
-