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From: "Christopher W. Knox" <cknox@crl.com>
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To: cknox@crl.com
Subject: FCO 9-12-94
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-----BEGIN PGP SIGNED MESSAGE-----

========================================================================

                             Online Report
                                 to the
                  F I R E A R M S   C O A L I T I O N
                   Box 6537, Silver Spring, MD 20916
========================================================================
September 12, 1994                                         Release  1.20
========================================================================

In this issue:  

   *   Crime Bill Roller Coaster
  
   *   Anti-gun Extravaganza Set for September 20

   *   Gun Ban Much Changed From Senate Original

   *   Washington Gun Rights March

   *   Mikva Is Clinton's White House Counsel

   *   Arizona Judge Denies Limit On Brady Ruling

   *   California Ends Gun Law-less Term

========================================================================

A note from Chris

     1994 was a tough year for the Second Amendment, and the rest  of 
the Bill of Rights.  Yet the pendulum shows every sign of slowing, and 
maybe of starting back the other way.  The best news is that NRA was 
offered -- and refused -- a "compromise" that would have banned fewer 
guns, but that would have violated the principle of the Second 
Amendment.  

     There is a school of thought that holds losing while standing on 
principle in higher regard than getting a nominal "win" while 
compromising principle.  

     And from a purely political standpoint, we now have a list of clear 
targets.  Those elected servants who sought your and my vote on the 
basis of their support for gun rights are now either shown as men and 
women of their word, or as hypocrites.

                               ###

     Speaking of hypocrites, I got a mixed bag of responses in the mail 
to my bashing of Jon Kyl last bulletin.  Kyl, my Representative in the 
Fourth District of Arizona, is seeking the Senate seat of outgoing 
Dennis DeConcini.  He voted with us right down the line and then flip-
flopped, voting for final passage of the bill.  I don't want to bore you 
with local politics, but the case at hand is instructive.  

     This registered Republican won't support Kyl for Senate.  I'll vote 
Libertarian.  

     A significant Libertarian vote could throw the election to the 
Democrat, some of my loyalist friends have warned.  Big deal.  We're 
replacing Dennis DeConcini.  He was once a "friend," too.  I think 
making an example of a fair-weather friend would have an edifying effect 
on other "moderates."

                               ###


     This Bulletin is an expanded version of _Hard Corps Report_ No. 60, 
dated September 5, 1994.  The paper version had to be trimmed.  I don't 
have the 1990-1994 box scores that went out in the paper version, 
however I hope to get them out in the next few days.  


Chris

The opinions expressed above are my own.
========================================================================

The Firearms Coalition
Neal Knox Associates
P.O. Box 6537
Silver Spring, MD  20916                                    Sept 5, 1994


Dear Friend and Supporter,

     The ban on over-10-shot magazines and so-called "assault weapons" 
is a grievous blow to the Second Amendment.     

     It is also the high tide of the anti-gun movement, at least on the  
Federal level.  As that wave fades, its going to take out some 
provisions that Clinton is about to make law.

     The anti-gun crowd has been picking off strays and cripples at the  
edge of the gun-owning herd.  Their victories have been the bans on 
"Cop-Killer Bullets" that never killed a cop, "Plastic Guns" that never 
existed, and now "Assault Weapons" that are rarely used in assaults.  
This latest ban, fast on the heels of the Brady Bill, has brought heads 
up -- and tempers up --from those who snoozed through the early 
warnings.

     The evidence is the unprecedented increase in the sales of all guns 
since Brady passed last fall -- and the fact that the three larges 
primer makers have been back-ordered more than a billion primers each 
since spring, despite record production.  Not all of the herd is alert; 
not by a long shot.  But Bill Clinton is the greatest seller of 
firearms, ammunition and NRA memberships in history.

     And the New NRA is taking the first steps toward mobilizing its 
greatest  weapon:  its huge, dedicated membership.  That is what is 
going to stop -- and reverse -- the tide.

     Of course the semi-auto and magazine bans will be challenged in the 
courts as unconstitutional.  The best Second Amendment scholars in the 
nation are already debating just how it will be brought, and by whom, 
and where.  

     But don't count on any real relief from the courts:  "The supreme 
Court has almost shamelessly refused to discuss the (Second Amendment)."  
So wrote nationally recognized legal scholar Sanford Levinson in a Dec. 
1989 _Yale Law Journal_ article appropriately entitled, "The 
Embarrassing Second Amendment."

     If the Supreme Court doesn't want to consider the Second Amendment 
- -- and they don't -- there's not a blessed thing we can do about it.  If 
the Supreme Court does consider it, it will not "settle the question 
once and for all," no matter how they rule.

     At best the Court's ruling would be a very narrow decision -- as 
was their only ruling in this century -- U.S. v. Miller, which held 
(wrongly_ that only militia-type arms are protected.  Like those 
Congress just banned.

     At worst the Court would declare that the Second Amendment means  
nothing.  So what?  Congress and the President are already writing laws  
as if it meant nothing.

     But such a ruling would jerk even more of the herd awake, putting 
even more into the angry mood that has countless gun owners seeking 
revenge at the polls this fall.

     So we're back to the only real solution:  CHANGE THE CONGRESS.

     Toward that objective, in the middle of the crime bill fight, I've 
been working with NRA-ILA on the greatest grass roots effort in NRA 
history.

     On the cover of the September American Rifleman and American Hunter 
the 3.4 million members of NRA will find a local phone number (down to 
Congressional District level) that they can call to link up with other 
members who want to change the Congress.  For the first time NRA is 
asking all its members to do something other than merely vote -- or put 
their signatures on the bottom of a letter to Congress or a check to 
NRA.

     Considering that there are an average 8,000 NRA members in each 
Congressional District, if even a fraction get involved in helping pro-
gun candidates and defeating gun-banners, it's going to have a 
tremendous impact.  And I hope that you will get involved.

     At every stage of the crime bill fight, we lost key votes because 
just one or tow Congressmen or Senators voted wrong.  Change just a few 
and we'll win next year's battles.  Change a bunch and we'll take back 
lost ground.

     Thanks to the courage of ILA Director Tanya Metaksa -- who looked 
powerful members of Congress in the eye and refused to compromise -- we 
have clear targets in this fall's elections.  There was no "half-as-bad" 
gun ban endorsed by NRA.

     Despite all the talk that we couldn't win, we almost did.  And we 
did bring the Clinton Administration to its knees.  When the President 
of the United States is on the tube for days condemning the NRA for 
blocking his bill, it's solid evidence that the gun lobby was doing its 
job right!

     I'm proud to have played a role in this fight and appreciate that 
most of you have continued to support my efforts.  I must ask that more 
of you do.  Those efforts are beginning to work.  Even in defeat, we 
gunowners are regaining -- and enhancing -- Congressional respect.  And 
we're setting the stage for victor and vindication.

     
                          Yours for the Second Amendment
                          (signature)
                          Neal Knox

========================================================================

The Crime Bill Roller Coaster

     On the eve of Labor Day President Bill Clinton passed a crime
bill -- complete with a gun and magazine ban -- that he had wanted to
sign before Memorial Day.  

     From the 51-49 vote when the Senate initially failed to reject
the Feinstein Amendment to the crime bill last November, to the
216-214 House passage May 5, to the stunning 225-210 body block
that momentarily stalled it Aug. 11, to the two-vote margin by
which it broke loose in the Senate Aug. 25, it was a roller coaster
ride.

     NRA lost.  But regained -- and enhanced -- its reputation.

     Bill Clinton won.  But his popularity has dropped to the lowest
point of any President in 40 years, the rest of his program is a
shambles, Hillary is in hiding, and Democrat Congressmen are
panicking -- and want him to endorse their opponents.

     That isn't the way the summer started.  In early June Crime
Subcommittee Chairman Charles Schumer (D-N.Y.), still euphoric from
House approval of the gun ban, began preparing another hit for the
supposedly prostrate gun fraternity -- hearings on H.R. 4300, "Brady
II," to impose European-style gun restriction on Americans.

     But those plans were shelved when the crime bill began running
into trouble.  Members of the Black Caucus began insisting that the
House-Senate conference compromise retain the House-passed "Racial
Justice Act," which would have applied a racial quota to
executions.  

     With no chance that the Senate would approve such a provision,
and the probability that the crime bill couldn't be finally
approved without the 39-member Black Caucus, Clinton began
negotiating with them -- some said "buying them off," as had been
done with billions in inner-city grants for "crime-fighting"
programs like "midnight basketball."

     How much the gun ban will cost taxpayers will never be known, but
veteran Congressmen said they never saw anything like the
Presidential vote-buying before the May 5 vote through final
passage.  

     There were rumors of bridges, buildings and judgeships being
traded, but perhaps the most imaginative -- as reported in the July
26 Las Vegas Review Journal -- was a promise by President Clinton to
Detroit Congresswoman Barbara-Rose Collins, a prominent member of
the Black Caucus, to deed a downtown Detroit city block to a local
Indian tribe as a reservation so it could develop a casino.

     There was an opening day of statements from House-Senate
conferees June 16, but behind the scenes the leadership couldn't
find enough votes to pass the bill, so another meeting wasn't held
for more than a month while Democrat factions jockeyed for
position.  Republicans were excluded, for the majority's plan was
to pass the bill without GOP help, thereby wresting the crime issue
from them for the fall campaigns.

     The last week of July the conference reconvened, winding up with
a marathon session July 28 that lasted until 3 a.m., then
reconvened at 8 a.m.  The final gun-related hangup was whether a
spouse who had ever been under a domestic restraining order could
ever again own a gun; it was finally rejected, with possession
prohibited only while the restraining order was in effect.

     But the gun provisions were accepted, substantially as they had
passed the House.  House Judiciary Chairman Jack Brooks couldn't
get enough votes for his widely reported move to strike the AR-15
from the list of banned guns and push up the magazine capacity.

     He might have if NRA had agreed to accept that in exchange for
approving of the rest of the gun and magazine ban.  ILA Director
Tanya Metaksa told him "No way," for NRA would have forever given
up any claim to uphold the Second amendment.

     The details of what the conference had agreed to weren't revealed
for several more days, while Democrats continued to wheel and deal
for votes and "minor" changes.  Republicans didn't see the 900-page
bill until after the beginning of the Rules Committee meeting the
night of Aug. 10.

     The voting rule the majority rammed through prohibited any
amendments and waived all points of order.  It was railroaded to
the House floor the next day.

     What threw that choo-choo off the track were the Republican
discoveries of all the political spending in the bill -- which came
out of the Senate with $22 billion, the House with $28 billion, and
the conference with $33 billion.  That was topped off by a
previously unseen $10 million grant to Chairman Brooks' alma mater
for a criminal justice institute.

     An unabashed Mr. Brooks told the press:  "Pork is most flavorful
when it is well done."

     The President was confident that he at last had the votes.  He
didn't because 48 pro-gun Democrats joined 10 members of the Black
Caucus and all but 11 Republicans in opposing the voting rule --
preventing the crime bill from coming up by a vote of 225-210.

     The Administration -- in the words of all three networks -- was
stunned.  President Clinton called an immediate press conference at
which he fumed against " a procedural trick orchestrated by the
National Rifle Association." 

     Surrounded by "ashen-faced aides," the President, according to
The Washington Times, "clenched his jaw, ground his teeth and
sputtered at times."    

     The Washington Post -- the NRA's No. 1 critic -- said NRA had
"hand(ed) Clinton the biggest legislative defeat of his
presidency."  

     The President and his advisors that night put together a plan to
stir up public demand by capitalizing on the polls claiming
antipathy for NRA and "assault weapons."  For four days, at a
police convention, with crime victims in the Rose Garden, and at a
Black D.C. church (where he called passage of the bill "the Will of
God") he lashed out at both guns and the NRA, gave the
Congressional phone number on national TV, and sat back awaiting a
public outcry for Congress to pass the bill.

     The supposed anti-gun public was silent, but gun owners responded
to the President's message by ratios of from up to 100 to one.  For
every vote the President got, he lost one.

     At first he met with and telephoned only Democrats, particularly
the Black Caucus.  Then he focused on anti-gun Republicans who had
voted against the rule; but even they insisted on changes from the
Democrats' bill.

     Reluctantly, on Aug. 20 the Administration agreed to bring
"moderate" Republicans into the negotiations, but allowed them no
substantive gains in a session that lasted until dawn, then
continued through Saturday, Aug. 21.

     That Saturday morning Rep. Bill Brewster (D-Okla.), who had sent
a scathing letter to the President he had supported very early in
the primaries, introduced a crime bill with all controversial
sections -- including guns -- stripped out.  With the help of NRA
lobbyists, by that night the bill had more than 180 co-sponsors.

     The Washington Post reported that a panicky White House, working
from the President's residence, perceived that what had been
considered a nuisance had become a threat.  Shortly before midnight
the scheduled House vote was canceled and Administration
negotiators were ordered to make a few more-substantive concessions
in meetings that continued until 3 a.m..

     The Republican "moderates" -- convinced that it was their
negotiating skills that had caused the changes -- were giddy,
particularly Reps. John Kasich (R-Ohio) and Susan Molinari (R-
N.Y.), who told the press she was "pinching herself to be sure it
was real."

     The Democrats gave them enough crumbs that the Republican
"moderates" promised to support the bill when it came up that
Sunday afternoon.  Forty-six did.  This time the voting rule passed
238-189.  A motion to send the bill back to committee, in favor of
the Brewster bill, failed 232-197.

     The crime bill passed the House 235-195.

     The Senate took up the bill the next day.  Republican Senators,
particularly Majority Leader Bob Dole (Kans.), were angry at the
partisan attacks and the pork-laden bill -- and a significant number
wanted no part of its gun ban.

     Sen. Dole had two aces, the predictable filibuster and a "budget
point of order," because the bill did not comply with the 1990
Budget act.  Both maneuvers required Majority Leader Mitchell to
come up with 60 votes.

     Three Republicans -- Sens. Roth (Del.), Jeffords (Vt.), and
Specter (Pa.) -- and all but one Democrat, Sen. Richard Shelby
(Ala.), were with Mitchell, giving him 58 votes.

     After four days of debate and continuous negotiations, 
the President helped pick off three more "moderate" Republicans --
Sens. Kassebaum (Kans.), Chafee (R.I.) and Danforth (Mo.) -- who
gave Clinton the victory he desperately needed.  

     The point of order was overturned 61-39.

     Pro-gun Senators immediately launched a filibuster.  But that
night, debate was shut off by a 61-38 vote, and the bill passed by
the same margin.

     Ironically, though Administration spokesmen from the President on
down had insisted that the Congress not recess until they had
passed the bill -- "the criminals won't go on vacation," Clinton
said -- the President went on vacation, and won't sign it until
after Congress returns from the Labor Day recess.

========================================================================

Anti-gun Extravaganza Set for September 20

It looks like September. 20 will be a huge anti-
gun extravaganza.

     That's the reported date for the signing of the crime bill
with its gun ban.

     Plus that's the date for the 38,000 shoes representing "gun
death victims" -- most of which were suicides.

     Plus that's the date of proposed hearings planned by Crime
Subcommittee Chairman Charles Schumer on what the Second Amendment
really means.  The question is whether he will allow "Liberal"
constitutional scholars like Texas University Prof. Sanford
Levinson, who wrote "The Embarrassing Second Amendment" in the Dec.
1989 Yale Law Journal.  Or Duke Law Professor William Van Alstyne
who wrote "The Second Amendment and the Personal Right to Arms,"
which appeared in the latest Duke Law Journal.

     Care to bet whether Mr. Schumer has invited them?

========================================================================

Gun Ban Much Changed From Senate Original

     The so-called "Assault Weapons" section of the crime bill
President Clinton will sign after Congress returns next week still
applies to the same 19 listed models and over-10-shot "feeding
devices" included in the Feinstein Amendment last November.

     What is significantly different is the way it affects presently
owned guns and magazines.  There are no requirements for owners to
register the guns or keep any special records if they are sold or
transferred.

     Though the soon-to-be law contains the Feinstein generic
definitions they will have relatively impact on commercial
manufacturers, who can eliminate many of the features that would
put a gun into the prohibited class.

     However, the prohibition against "manufacture" applies to "any
person" who modifies a legal rifle by adding prohibited features
such as a folding "pistol-grip" stock.  

     The bill also codifies many of the restrictions on gun dealers
which BATF has been imposing by fiat.

     "Semiauto assault weapon" is defined as "(A) any of the firearms,
or copies or duplicates of the firearms in any caliber, known as
Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
models); Action Arms Israeli Military Industries UZI and Galil;
Beretta Ar70 (SC-70); Colt AR-15; Fabrique National FN/FAL, FN/LAR,
and FNC; SWD M-10, M-11, M-11/9, and M-12; Steyr AUG; INTRATEC TEC-
9, TEC-DC9 and TEC-22; and revolving cylinder shotguns, such as (or
similar to) the Street Sweeper and Striker 12;

     "(B) a semiautomatic rifle that has an ability to accept a
detachable magazine and has at least 2 of -- (i) a folding or
telescoping stock; (ii) a pistol grip that protrudes conspicuously
beneath the action of the weapon; (iii) a bayonet mount; (iv) a
flash suppressor or threaded barrel designed to accommodate a flash
suppressor; and (v) a grenade launcher;

     "(C) a semiautomatic pistol that has an ability to accept a
detachable magazine and has at least 2 of -- (i) an ammunition
magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender,
flash suppressor, forward handgrip, or silencer; (iii) a shroud
that ... encircles the barrel and that permits the shooter to hold
the firearm with the nontrigger hand without being burned; (iv) a
manufactured weight of 50 ounces or more when the pistol is
unloaded; and (v) a semiautomatic version of an automatic firearm
and

     "(D) a semiautomatic shotgun that has at least 2 of -- (i) a
folding or telescoping stock; (ii) a pistol grip that protrudes
conspicuously  beneath the action of the weapon; (iii) a fixed
magazine capacity in excess of 5 rounds; and (iv) an ability to
accept a detachable magazine."

     Guns meeting this definition, made after the date of enactment,
are required to have a "serial number ... (which) shall clearly
show the date on which the weapon was manufactured."

     The section having by far the most impact on the most gun owners
- -- since far more own or will want to own over-10-shot rifles or
handguns than military-look guns -- is a ban on possession or
transfer of "large capacity ammunition feeding devices" -- defined
as "a magazine, belt, drum, feed strip or similar device that has
a capacity of, or that can be readily restored or converted to
accept more than 10 rounds of ammunition; and (ii) any combination
of parts from which (a feeding device) can be assembled."

     The definition specifically exempts "an attached tubular device"
for .22 rimfire ammunition.  So a 15-shot tubular magazine rifle
similar to a Remington 552 would be legal to make, but a 15-shot
box magazine for a rifle like the Ruger 10-22 would not.

     Prohibited "feeding devices" may be possessed or transferred only
if "lawfully possessed" on the date of enactment.  Rep. John
Dingell (D-Mich.) caused language to be added stipulating that any
magazine without a serial number and date of manufacture is
presumed to have been made before the law, and specifically puts
the burden of proof on the government to show that a gun or
magazine was not lawfully possessed before the law.

     A staunch advocate for gun owners for more than 30 years, and one
of the most powerful members of Congress, he made those changes
shortly before resigning from the NRA Board of Directors and voting
for the bill -- which he described on the floor as "obnoxious" and
a violation of the Second Amendment.

     (In a letter to NRA President Tom Washington he said he found the
duties of being in the House leadership and on the NRA Board
"irreconcilable.")

     The final bill amends the Gun Control Act to prohibit any
"person" from manufacturing, transferring or possessing "a
semiautomatic assault weapon" except possession or transfer of one
"lawfully possessed under Federal law on the date of enactment." 
That reference to Federal law -- which "miraculously" appeared in
the conference bill, but wasn't in either the Senate or House-
passed language -- may be of critical importance to owners of
affected guns who have refused to register them in compliance with
state or local laws.  

     (The bill's exemption for existing magazines only refers to
"otherwise lawfully possessed on the date of enactment.")

     The legislation specifically exempts a list of 650 rifles and
shotguns; any bolt, pump, lever and slide action; any antique or
"permanently inoperable" gun, "any semiautomatic rifle that cannot
accept a detachable magazine that holds more than 5 rounds" or "any
semiautomatic rifle that cannot hold more than 5 rounds in a fixed
or detachable magazine."  

     Also exempted is any affected model made or used by government or
law enforcement, or by a retired police officer who receives the
gun from his agency when he retires.

     The bill calls for the Attorney General to study the
effectiveness of the law and report back to Congress within 30
months.  

     While it prohibits possession of handguns and ammunition by
persons under 18, the list of exemptions and exceptions (such as
parental permission) should cover all lawful uses.
  The new dealer license requirements -- like the current
application -- requires fingerprinting, photos, and compliance with
local laws and ordinances.  It also allows BATF to impose certain
security requirements for storage and transportation of firearms.

     In one of the few useful provisions -- and the one least likely to
be prosecuted -- it makes it a Federal felony to steal any firearm
"which has moved in interstate commerce."

     The law says it expires in ten years, but don't count on it.

========================================================================

Washington Gun Rights March 

     The August 14 "March on Washington" -- which drew as many as
10,000 gun owners from across the country -- was perfectly timed.

     It was a purely grass roots effort, put together by an ad hoc
group calling themselves the "Committee of 1776."  None of the
major gun groups were involved, but would have been if they could
have known it was going to come on the weekend before the House
vote on the crime bill.

     The crowd in front of the Lincoln Memorial enthusiastically
applauded and cheered a continuous string of speakers -- most of
them good ones like G. Gordon Liddy, Gene Burns and Roy Innis --
from 10:30 a.m. to after 4:30 p.m.

     As expected The Washington Post ignored it, the Washington Times
ran an AP photo of the crowd.  

     With the gun ban dominating the news that week, local TV stations
ran considerable videotape and C-Span showed the entire event, or
most of it, the following Saturday.

========================================================================

Mikva Is Clinton's White House Counsel

     Chief Federal Appeals Judge for the D.C. Circuit, who as a
Congressman first called for banning handguns in 1969, has been
appointed to replace Lloyd Cutler as White House Counsel.

     In the 1970's, he was the leading anti-gunner in the House when
appointed to the "Second Highest Court" by President Jimmy Carter.

     He was opposed by NRA-ILA both in the confirmation (where an
almost unheard-of 36 Senators opposed him) and in a Constitutional
challenge in which then-Sen. Jim McClure (R-Idaho) was the
plaintiff.

     "The NRA knows they can't beat me; they're just doing this as an
object lesson to anyone else who gets out front on `gun control.'" 
Ab understood perfectly.

     Though it could be a breach of ethics for Mikva not to step down
from the court after accepting his new post, Mikva is delaying his
formal resignation to make sure a "Liberal," rather than a next-in-
line "Conservative" became his replacement as chief judge.  Under
the rules of the court, a delay will make the "Conservative" a few
days too old to become chief.

========================================================================

Arizona Judge Denies Limit On Brady Ruling

     Arizona Federal Judge John M. Roll, who in June ruled that the
Brady Law did not have to be done by local police departments
because it violates the Tenth Amendment, has rejected a Justice
Department request that his ruling only applies to Graham County
Sheriff Richard Mack.

     On Aug. 23, Judge Roll said his ruling applies nationally.

     Dave Hardy, attorney for the sheriff, has sued Attorney General
Janet Reno for failing to provide a Freedom of Information Act
request for a copy of all drafts of an Office of Legal Counsel memo
saying the agency would not prosecute law enforcement officers who
failed to comply with the law.

     Four of five cases backed or assisted by NRA have ruled that
police cannot be prosecuted for non-compliance.

========================================================================

California Ends Gun Law-less Term

     California's legislature closed down Friday without passing any
serious gun restrictions, including two from retiring Sen. David
Roberti, subject of a gunowners' recall effort blamed for his
defeat as California Treasurer.

     Last month the Connecticut legislature, in a special session,
passed a law prohibiting private transfers of handguns.

========================================================================

Copyright 1994 by Neal Knox Associates
                  P.O. Box 6537
                  Rockville, MD  20916.  
Reproduction and distribution of this bulletin by any means is 
encouraged so long as this statement is retained.  

========================================================================

PGP Users

I grabbed a copy of PGP 2.6 for the Mac off of Berkeley's FTP site last 
night and it won't work with my system.  I'll be migrating to a PC soon 
anyway, so bear with me.

Remove the asterisks to use this key.  
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We recommend encryption of sensitive data such as credit card numbers.
========================================================================

Dear Neal,
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                      Firearms Coalition
                      Box 6537
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--
"If you want to have a large population and to provide it with arms so as to 
establish a great empire, you will have made your population such that you 
cannot handle it as you please."      -- Machiavelli _The Discourses_

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with "subscribe" as the subject.  More info and PGP key available via finger.

