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Culver To Sign Weapons Cary Permit Measure

amaixner

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http://www.kcci.com/news/23270243/detail.html

[/b]
DES MOINES, Iowa -- Gov. Chet Culver has told The Associated Press he will sign into law a measure overhauling the way concealed weapon permits are issued.The governor said he plans to sign the measure on Thursday.He said he's always been a strong supporter of the Second Amendment, which protects the right to keep and bear arms. Culver also said telephone calls and e-mails to his office have run heavily in favor of the measure.Currently, those seeking a permit to carry a concealed weapon must apply with their local sheriff, who has broad discretion to make the decision about whether to grant the permit.The new law would require sheriffs to issue permits to applicants who meet a set standard and allows sheriffs to deny an application only for a specific set of reasons.
I think the appropriate emotion here would be a dancing banana: :celebrate
 

Straight_Shooter

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amaixner wrote:
http://www.kcci.com/news/23270243/detail.html

[/b]
DES MOINES, Iowa -- Gov. Chet Culver has told The Associated Press he will sign into law a measure overhauling the way concealed weapon permits are issued.The governor said he plans to sign the measure on Thursday.He said he's always been a strong supporter of the Second Amendment, which protects the right to keep and bear arms. Culver also said telephone calls and e-mails to his office have run heavily in favor of the measure.Currently, those seeking a permit to carry a concealed weapon must apply with their local sheriff, who has broad discretion to make the decision about whether to grant the permit.The new law would require sheriffs to issue permits to applicants who meet a set standard and allows sheriffs to deny an application only for a specific set of reasons.
I think the appropriate emotion here would be a dancing banana: :celebrate
Contratulations to the leadership and membership of Iowa Carry . . . you have fought a long hard battle to get here . . . you owe it to yourselves to celebrate!

Again, many congratulations on getting your bill passed into law.

SS
 

Gray Peterson

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Straight_Shooter wrote:
Congratulations to the leadership and membership of Iowa Carry . . . you have fought a long hard battle to get here . . . you owe it to yourselves to celebrate!

Again, many congratulations on getting your bill passed into law.

SS

Next year and the year after that, we can go after 18-20 year old possession/carry laws, getting rid of local ordinances in violation of state law, get rid of ANY vestiges of "dangerous persons" in the law, get rid of that "renewal training" crap and after wards, get constitutional carry.

It took Alaska 8 years, and Arizona 16 years, to get "constitutional carry" into law. I believe that Iowa before the next decade, you will be able to carry openly or concealed without a license. There may be disagreements as to first step, but the citizens of dozens of "yellow" and "red" counties are going to be free of a sheriff playing god with their applications as of 01/01/2011.
 

Superlite27

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God's Country, Missouri
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Congratulations!

How are reciprocity issues looking in your state?

I have many friends in the Davenport (Quad Cities) area who I visit irregularly. (Irregularly, because I'm unable to be armed in your state.)

It kind of irks me that, as a Missouri resident, my permit is recognized in a majority of sates.......except the one I would like to visit.

Whenever I do, it seems kind of strange that, out of all my friends, I'm the one Iowa doesn't trust to be armed.

They all have their CCW's, and although safe and responsible, they're the "crazy" ones. I'm the calm one of the bunch. If you were to ask all three of them, "Who's the least likey to cause trouble/scene/argument......it would most likely be me. Yet, whenever I visit, I'm the only one who doesn't carry because my CCW isn't recognized.

Yeah....this makes sense. Disarm the calm one.
 

amaixner

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Superlite27 wrote:
Congratulations!

How are reciprocity issues looking in your state?
There will be no reciprocity issues. Technically the bill has no reciprocity, instead, Iowa will honor ALL states' permits (same as Missouri does).
 

aadvark

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Good.., and about time.

Iowans should never have to be at the mercy of Sheriff's who make arbituary policies about Firearm Licenses , and all the politics that come with them.

It is not fair when one Sheriff will issue that License, but another Sheriff in an adjacent County will not.

Culver should not tolerate their whining and complaining. It is about time for Iowa to put a stop to 'May Issue Policies'.
 

IA_farmboy

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Iowans should never have to be at the mercy of Sheriff's who make arbituary policies about Firearm Licenses , and all the politics that come with them.

Iowans should not be at the mercy of our legislators either. We need constitutional carry. Even better if we can do so before the retraining provision of the current bill comes into play in about five years. No one should profit from Iowans exercising their right to self defense.

It's too late to prevent profiteering on current law or the bill that governor will soon sign into law but at least we have the opportunity to stop it in the future. Once the money starts to flow from people getting their permits after the bill takes effect we will have to fight a lobby funded with our own dollars.
 

Straight_Shooter

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IA_farmboy wrote:
"Even better if we can do so before the retraining provision of the current bill comes into play in about five years. No one should profit from Iowans exercising their right to self defense."

Ahhh . . . excuse me but . . . the (re)training requirement will apply to any renewal as well as first time permitees starting Jan 1, 2011. . . meaning anyone who has a valid permit or renewalfrom nowuntil Dec 31, 2010,will have to take the trainingby Jan 1, 2011 . . . current permits are only valid for one year.

EVERY Iowanwho wants a permit in the next year will have to take and passthe (as yet undefined) training prior to applying . . . that's what the new law says. After that, yes, there will be a 5 year hiatus between individual training requirements . . . but for now, get ready, you will be taking the training if you want one of the new permits. Fortunately, I just renewed mine, so hopefully, a lot of the confusion will be ironed out in the next 8 months to a year.

The interesting thing will be how the the NRA courses compare to the DPS definedcourses . . . this alone could produce some interesting "fireworks" . . . one would assume that there should be some general agreement as to content, but we'redealing with the gubermint here, so . . . well . . . we'll see I guess.
 

mrjam2jab

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I didnt realize my Ceremony link above required sign up:

You are Invited to Attend a
Bill Signing Ceremony for Senate File 2379
Standardization of Weapon Permit
Process Legislation
Hosted by Governor Chet Culver
Thursday, April 29, 2010
9:00 a.m.
West Terrace
State Capitol
Des Moines, Iowa
(Rain Location is First Floor Rotunda)
If you have any questions, please contact
Adam by phone at 515.281.0159 or by email at Adam.Gross@iowa.gov
or Joni by phone at 515.281.0141 or by email at Joni.Klaassen@iowa.gov]


Straight_Shooter wrote:
IA_farmboy wrote:
"Even better if we can do so before the retraining provision of the current bill comes into play in about five years. No one should profit from Iowans exercising their right to self defense."

Ahhh . . . excuse me but . . . the (re)training requirement will apply to any renewal as well as first time permitees starting Jan 1, 2011. . . meaning anyone who has a valid permit or renewalfrom nowuntil Dec 31, 2010,will have to take the trainingby Jan 1, 2011 . . . current permits are only valid for one year.

EVERY Iowanwho wants a permit in the next year will have to take and passthe (as yet undefined) training prior to applying . . . that's what the new law says. After that, yes, there will be a 5 year hiatus between individual training requirements . . . but for now, get ready, you will be taking the training if you want one of the new permits. Fortunately, I just renewed mine, so hopefully, a lot of the confusion will be ironed out in the next 8 months to a year.

The interesting thing will be how the the NRA courses compare to the DPS definedcourses . . . this alone could produce some interesting "fireworks" . . . one would assume that there should be some general agreement as to content, but we'redealing with the gubermint here, so . . . well . . . we'll see I guess.


The way I read the law...it says "ANY" handgun safety course...Can't imagine DPS than turning around and adding specifics to the courses...?
 

Straight_Shooter

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mrjam2jab wrote:
The way I read the law...it says "ANY" handgun safety course...Can't imagine DPS than turning around and adding specifics to the courses...?

Well . . . technically . . . yes . . . that is true . . . in pertinent part:

724.9 Firearm training program.
1. An applicant shall demonstrate knowledge of firearm
safety by any of the following means:
a. Completion of any national rifle association handgun
safety training course.
b. Completion of any handgun safety training course
available to the general public offered by a law enforcement
agency, community college, college, private or public
institution or organization, or firearms training school,
utilizing instructors certified by the national rifle
association or the department of public safety or another
state's department of public safety, state police department,
or similar certifying body.
c. Completion of any handgun safety training course offered
for security guards, investigators, special deputies, or any
division or subdivision of a law enforcement or security
enforcement agency approved by the department of public safety.



BUT . . . it can only be administered either by NRA certified instructors or DPS approved agencies. . . there is no mention of content . . . I can't help but imagine that there will be perceptions one way or another that one or the other is: a) more costly, b) more (unduly) rigorous, c) etc.

Do you have to PASS these courses, or is it simply a "participation" thing? If you have to pass, what standardsare there for passing?Harder (or easier) for DPS or the NRA? If you fail, one can only assume that the NRA or whoever will be able to charge you again to take the course until you pass, assuming that you have to pass.

Now here is the really wierd thing:

2. Evidence of qualification under this section may be
documented by any of the following:
a. A photocopy of a certificate of completion or any
similar document indicating completion of any course or class
identified in subsection 1.
b. An affidavit from the instructor, school, organization,
or group that conducted or taught a course or class identified
in subsection 1 attesting to the completion of the course or
class by the applicant.
c. A copy of any document indicating participation in any
firearms shooting competition.
3. An issuing officer shall not condition the issuance of a
permit on training requirements that are not specified in or
that exceed the requirements of this section.



Exactly how participation in a firearms shooting competition can serve as evidence of having taken a handgun safety course is beyond me. So what if you walk into the sheriff's office and show him a certificate of having participated in a CMP shoot at Van Meter, will he accept that? Even though that is rifle competition, the law says ANY firearms shooting competition, not just pistol, etc.

Time alone will tell . . . but there are plenty of opportunities for this thing to be quite "cumbersome."
 

IA_farmboy

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Linn County, Iowa, USA
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Straight_Shooter wrote:
IA_farmboy wrote:
"Even better if we can do so before the retraining provision of the current bill comes into play in about five years. No one should profit from Iowans exercising their right to self defense."

Ahhh . . . excuse me but . . . the (re)training requirement will apply to any renewal as well as first time permitees starting Jan 1, 2011 . . . meaning anyone who has a valid permit or renewal from now until Dec 31, 2010, will have to take the training by Jan 1, 2011 . . . current permits are only valid for one year.

EVERY Iowan who wants a permit in the next year will have to take and pass the (as yet undefined) training prior to applying . . . that's what the new law says. After that, yes, there will be a 5 year hiatus between individual training requirements . . . but for now, get ready, you will be taking the training if you want one of the new permits. Fortunately, I just renewed mine, so hopefully, a lot of the confusion will be ironed out in the next 8 months to a year.

The interesting thing will be how the the NRA courses compare to the DPS defined courses . . . this alone could produce some interesting "fireworks" . . . one would assume that there should be some general agreement as to content, but we're dealing with the gubermint here, so . . . well . . . we'll see I guess. 

I did not say "training or retraining" I specified only "retraining". No one will have to line up a retraining course for about five years since with the eight months for the law to go into effect and the 12 month expiration on the validity of the retraining there is a little less than five years between the initial issue and when one can take a valid retraining course for renewal.

The training seems to be relatively well defined but it sets a ceiling on the training but no floor. A sheriff could just ask the applicant a few questions and if answered correctly then sign a neat little form stating completion of a certified training course. The bill sets a ceiling by allowing competition between the various state law enforcement entities and the many private entities spelled out in the law. One of those courses stated in the bill that satisfies the training is the NRA Basic Pistol Course, something that has a long history of its stated curriculum. That makes the NRA course a standard to work from for all competing entities. People will have some choice in the training they desire but the sheriff does not. The sheriff can offer their own training but they must also honor the training from another sheriff.

I kept hearing the claim about how this bill sets a state wide standard on the training but I believe that is very far from the truth. A sheriff has a certain amount of discretion on what training is acceptable. They might get away with demanding more than a certain minimum of training but they cannot set the bar too high without getting slapped around in the courts.
 

Straight_Shooter

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IA_farmboy wrote:
I did not say "training or retraining" I specified only "retraining". No one will have to line up a retraining course for about five years since with the eight months for the law to go into effect and the 12 month expiration on the validity of the retraining there is a little less than five years between the initial issue and when one can take a valid retraining course for renewal.

The training seems to be relatively well defined but it sets a ceiling on the training but no floor. A sheriff could just ask the applicant a few questions and if answered correctly then sign a neat little form stating completion of a certified training course. The bill sets a ceiling by allowing competition between the various state law enforcement entities and the many private entities spelled out in the law. One of those courses stated in the bill that satisfies the training is the NRA Basic Pistol Course, something that has a long history of its stated curriculum. That makes the NRA course a standard to work from for all competing entities. People will have some choice in the training they desire but the sheriff does not. The sheriff can offer their own training but they must also honor the training from another sheriff.

I kept hearing the claim about how this bill sets a state wide standard on the training but I believe that is very far from the truth. A sheriff has a certain amount of discretion on what training is acceptable. They might get away with demanding more than a certain minimum of training but they cannot set the bar too high without getting slapped around in the courts.

We're probablysplitting hairshere, but anyone who currently has a one year permit, and has not "trained" for several years (with that I mean "their" training, not mine - I train continuously), will have to take "their" retraining immediately to get a permit. Perhaps it is semantics, but from that perspective, the retraining requirement starts Jan 1, 2011, not 5 years from now. In otherwords, all Iowans who want a permit after Jan 1, 2011, will have to go through the training, whether they already have in the past for their current annual permitor not.

"The training seems to be relatively well defined . . . "

I don't see how this claim can be made, even when discussing the NRA courses. The NRA courses, from what I have seen, aren't even consistent and vary with the instructor. The sheriff taught course that I took, which Ithought rathergood,had a 1/2 day discussion about the law, responsibilities of the CCW carrier, how to handle encounters with LEO's, etc., some discussion about proper handling (the 5 basic gun handling rules, etc.), and then the afternoon session had supervised live fire on the range, very simple: 3 sets of 5 rounds each at an NRA "B" target from 25 feet - min passing score 70% (pretty easy to do - though one woman in my class failed). None of these type ofdetails of content are even addressed in the new law. And DPS can set completely different standards than the NRA. For all the talk from Iowa Carry of wanting consistent training standards across the state, this lawfellfar short of"consistent."

"A sheriff could just ask the applicant a few questions and if answered correctly then sign a neat little form stating completion of a certified training course."

I doubt this would fly, unless the sheriff is "winking"while he does it. . . the law is specific that the course must come from either a certified NRA instructor or someone teaching a courseapproved by the DPS. The sheriff could no doubt meet these requirements, but I don't think the format yououtline herewill be acceptable, as neither the NRA nor the DPS is likely to endorse such a thing.

"They might get away with demanding more than a certain minimum of training but they cannot set the bar too high without getting slapped around in the courts."

This is where I think it is going to get interesting . . . the Dubuquegroup of Iowa Carry mentioned that "their" sheriff (notably anti-self defense) has made the comment that "I don't care what the law says" . . . ostensibly this couldmean he will do whatever he can to keep from issuing permits, which could be prettycreative, including "jinking" people around as to what is and is not an acceptable training course. . . They made it sound as if this guy might even be willing to go to court to try and block releasing permits.

No one yet has provided a good explanation as to how “participation in any firearms shooting competition” can be acceptable evidence that you have completed and NRA or DPS handgun course, but that is what the law infers . . .

The next year or so will prove to be very interesting on several fronts . . . .
 

mrjam2jab

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Joined
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Messages
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Location
Levittown, Pennsylvania, USA
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Straight_Shooter wrote:
mrjam2jab wrote:
The way I read the law...it says "ANY" handgun safety course...Can't imagine DPS than turning around and adding specifics to the courses...?

Well . . . technically . . . yes . . . that is true . . . in pertinent part:

724.9 Firearm training program.
1. An applicant shall demonstrate knowledge of firearm
safety by any of the following means:
a. Completion of any national rifle association handgun
safety training course.
b. Completion of any handgun safety training course
available to the general public offered by a law enforcement
agency, community college, college, private or public
institution or organization, or firearms training school,
utilizing instructors certified by the national rifle
association or the department of public safety or another
state's department of public safety, state police department,
or similar certifying body.
c. Completion of any handgun safety training course offered
for security guards, investigators, special deputies, or any
division or subdivision of a law enforcement or security
enforcement agency approved by the department of public safety.



BUT . . . it can only be administered either by NRA certified instructors or DPS approved agencies. . . there is no mention of content . . . I can't help but imagine that there will be perceptions one way or another that one or the other is: a) more costly, b) more (unduly) rigorous, c) etc.

Do you have to PASS these courses, or is it simply a "participation" thing? If you have to pass, what standardsare there for passing?Harder (or easier) for DPS or the NRA? If you fail, one can only assume that the NRA or whoever will be able to charge you again to take the course until you pass, assuming that you have to pass.

I can use myself as an example. CT has similar training requirements IE 'any NRA handgun safety course'. So in order to obtain a CT non-resident license I took the NRA Basic Pistol course...in PA. This course is not state specific. It does not cover any state laws. This is not Pass/Fail, it is merely Certification of Participation. It does involve live fire which is important to some states...It is in CT. A copy of that certificate was proof enough. That same certificate can also be submitted to FL for their license.
 

Straight_Shooter

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Joined
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Messages
266
Location
, Iowa, USA
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mrjam2jab wrote:
I can use myself as an example. CT has similar training requirements IE 'any NRA handgun safety course'. So in order to obtain a CT non-resident license I took the NRA Basic Pistol course...in PA. This course is not state specific. It does not cover any state laws. This is not Pass/Fail, it is merely Certification of Participation. It does involve live fire which is important to some states...It is in CT. A copy of that certificate was proof enough. That same certificate can also be submitted to FL for their license.

I hope you are right and it turns out to be this simple . . .

SS
 

IA_farmboy

Regular Member
Joined
Feb 15, 2009
Messages
494
Location
Linn County, Iowa, USA
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Straight_Shooter wrote:
IA_farmboy wrote:
I did not say "training or retraining" I specified only "retraining". No one will have to line up a retraining course for about five years since with the eight months for the law to go into effect and the 12 month expiration on the validity of the retraining there is a little less than five years between the initial issue and when one can take a valid retraining course for renewal.

The training seems to be relatively well defined but it sets a ceiling on the training but no floor. A sheriff could just ask the applicant a few questions and if answered correctly then sign a neat little form stating completion of a certified training course. The bill sets a ceiling by allowing competition between the various state law enforcement entities and the many private entities spelled out in the law. One of those courses stated in the bill that satisfies the training is the NRA Basic Pistol Course, something that has a long history of its stated curriculum. That makes the NRA course a standard to work from for all competing entities. People will have some choice in the training they desire but the sheriff does not. The sheriff can offer their own training but they must also honor the training from another sheriff.

I kept hearing the claim about how this bill sets a state wide standard on the training but I believe that is very far from the truth. A sheriff has a certain amount of discretion on what training is acceptable. They might get away with demanding more than a certain minimum of training but they cannot set the bar too high without getting slapped around in the courts.

We're probably splitting hairs here, but anyone who currently has a one year permit, and has not "trained" for several years (with that I mean "their" training, not mine - I train continuously), will have to take "their" retraining immediately to get a permit. Perhaps it is semantics, but from that perspective, the retraining requirement starts Jan 1, 2011, not 5 years from now. In otherwords, all Iowans who want a permit after Jan 1, 2011, will have to go through the training, whether they already have in the past for their current annual permit or not.

Yes, we are splitting hairs. A person that currently has a permit to carry in Iowa may not have had any formal training. Just because you were required to have training by your sheriff does not mean other sheriffs did as well. Since this law is essentially a fresh start it's either one has had training under this law or not, the retraining provision does not seem to apply for five years. I don't know if the retraining provision would apply, might depend on the sheriff's reading of the law.

"The training seems to be relatively well defined . . . "

I don't see how this claim can be made, even when discussing the NRA courses. The NRA courses, from what I have seen, aren't even consistent and vary with the instructor. The sheriff taught course that I took, which I thought rather good, had a 1/2 day discussion about the law, responsibilities of the CCW carrier, how to handle encounters with LEO's, etc., some discussion about proper handling (the 5 basic gun handling rules, etc.), and then the afternoon session had supervised live fire on the range, very simple: 3 sets of 5 rounds each at an NRA "B" target from 25 feet - min passing score 70% (pretty easy to do - though one woman in my class failed). None of these type of details of content are even addressed in the new law. And DPS can set completely different standards than the NRA. For all the talk from Iowa Carry of wanting consistent training standards across the state, this law fell far short of "consistent."

Perhaps the training is not well defined but the requirement to fulfill that requirement is well defined. This part...

724.9 Firearm training program.
1. An applicant shall demonstrate knowledge of firearm
safety by any of the following means:
a. Completion of any national rifle association handgun
safety training course.

is well defined in that an NRA course covering handgun safety meets that requirement. If the NRA has to come up with a course named "Iowa Handgun Safety Training Course" to appease the powers that be then so be it.


"A sheriff could just ask the applicant a few questions and if answered correctly then sign a neat little form stating completion of a certified training course."

I doubt this would fly, unless the sheriff is "winking" while he does it . . . the law is specific that the course must come from either a certified NRA instructor or someone teaching a course approved by the DPS. The sheriff could no doubt meet these requirements, but I don't think the format you outline here will be acceptable, as neither the NRA nor the DPS is likely to endorse such a thing.

This part of the law...

c. Completion of any handgun safety training course offered
for security guards, investigators, special deputies, or any
division or subdivision of a law enforcement or security
enforcement agency approved by the department of public safety.

would seem to allow the sheriff to create a course for "special deputies" and offer it as a suitable course for the permit to carry training requirements. I don't know specifics on how it all works but in Iowa the sheriffs are technically employees of the department of public safety so therefore it would seem that an endorsement by a sheriff would seem to be an endorsement by the DPS.

"They might get away with demanding more than a certain minimum of training but they cannot set the bar too high without getting slapped around in the courts."

This is where I think it is going to get interesting . . . the Dubuque group of Iowa Carry mentioned that "their" sheriff (notably anti-self defense) has made the comment that "I don't care what the law says" . . . ostensibly this could mean he will do whatever he can to keep from issuing permits, which could be pretty creative, including "jinking" people around as to what is and is not an acceptable training course . . . They made it sound as if this guy might even be willing to go to court to try and block releasing permits.

There is a simple solution for that, get a different sheriff. There is also the possibility to take the sheriff to court over it. After the court costs involved then it is more likely for the sheriff to get kicked out for spending so much money.

No one yet has provided a good explanation as to how “participation in any firearms shooting competition” can be acceptable evidence that you have completed and NRA or DPS handgun course, but that is what the law infers . . .

I don't understand it either but I'm not going to complain about it. Are you complaining about it?

The next year or so will prove to be very interesting on several fronts . . . .

No doubt.

However you want to slice it we need constitutional carry. That is where we need to go instead of dwelling on the specifics of this bill.
 
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