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Iowa Senators Introduce State Assault Weapons Ban (state level)
Join Together ^ | 2-25-05

Posted on 02/25/2005 1:38:29 PM PST by Dan from Michigan

Iowa Senators Introduce State Assault Weapons Ban
2/25/2005

Press Release
Iowans for the Prevention of Gun Violence
4403 1st Ave SE
Cedar Rapids, IA 52402
http://www.ipgv.org

State assault weapons ban would fill the void created when Congress failed to renew the federal assault weapons ban last September

Cedar Rapids, IA - Legislation has been introduced in the Iowa Senate that would prohibit the possession of military-style, semiautomatic assault weapons in Iowa. The bipartisan bill (Senate File 207) is co-sponsored by Senators Connolly (D-Dubuque), Dvorsky (D-Coralville), Lundby (R-Marion), and Tinsman (R-Davenport).

Lead sponsor of the bill Mike Connolly said, "Military-style, semiautomatic assault weapons pose an unreasonable risk of death and injury to all Americans, but the risk is greatest for the nation's law enforcement officers. A law enforcement officer is far more likely than a member of the general public to look down the barrel of an AK-47 whenever they serve a warrant, stop a suspicious vehicle on I-80, or respond to a domestic disturbance."

According to a report by the Violence Policy Center, between 1998 and 2001, one in five law enforcement officers (41 of 211) killed in the line of duty was killed with an assault weapon. Furthermore, of the law enforcement officers killed by a rifle during this period, 75 percent (38 of 49) were killed with an assault rifle.

Considering that assault weapons are estimated to make up no more 1-2 percent of all guns in the general population, the VPC study clearly shows that assault weapons are used in a disproportionate number of cop killings.

Said John Johnson, executive director of IPGV, "America needs a strong and effective assault weapons ban. Because Congress has neglected its duty to help protect the nation's law enforcement officers from the threat of assault weapons, states should enact state assault weapons bans."

Johnson noted that last year, 95 Iowa police chiefs and 12 county sheriffs signed onto a statement calling on Congress to strengthen and renew the federal assault weapons ban. Nationwide, more than 2,000 police chiefs and sheriffs in 35 states signed the statement.

SF 207 would prohibit the possession of assault weapons by defining "semiautomatic assault weapon" as an offensive weapon in section 724.1 of the Iowa Code. Iowa law prohibits possession of offensive weapons (a class "D" felony) by anyone other than law enforcement and other authorized persons. Offensive weapons currently include the following: machine guns, short-barreled rifles or shotguns, any firearm that fires a projectile with a diameter greater than 0.60 inches, bombs, grenades, mines, and other non-explosive weapons.

Persons who lawfully possess assault weapons on the effective date of the law would be allowed to keep their weapons, provided that they obtain a "permit to possess assault weapons" from their county sheriff. The sheriff would be required to issue a permit to anyone who is not prohibited by federal or state law from possessing firearms. Alternatively, a person could remove the assault weapon from Iowa, render the assault weapon permanently inoperable, or take the assault weapon to a law enforcement agency for destruction.

SF 207 is modeled after the 1999 California assault weapons ban, which has proven to be more effective than the expired federal ban.


TOPICS: Constitution/Conservatism; News/Current Events; US: Iowa
KEYWORDS: awb; bang; banglist; connolly; dvorsky; guns; iowa; lundby; rino; rinos; tinsman; vpc
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Heads up.
1 posted on 02/25/2005 1:38:33 PM PST by Dan from Michigan
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To: Dan from Michigan
A law enforcement officer is far more likely than a member of the general public to look down the barrel of an AK-47 whenever they serve a warrant, stop a suspicious vehicle on I-80, or respond to a domestic disturbance."

Talk about an absolutely meaningless statistic that someone pulled out of a dark place...

2 posted on 02/25/2005 1:39:47 PM PST by dirtboy (Drooling moron since 1998...)
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To: dirtboy

a LEO is far more likely to eat their own gun than a civilian.
(statistically true and I'm donning my flame suit)


3 posted on 02/25/2005 1:43:07 PM PST by Rakkasan1 (no government program is ever a failure-it's just 'underfunded'...)
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To: Dan from Michigan
SF 207 is modeled after the 1999 California assault weapons ban, which has proven to be more effective just as unconstitutional than the expired federal ban.
4 posted on 02/25/2005 1:43:54 PM PST by RKV ( He who has the guns, makes the rules.)
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To: dirtboy
A law enforcement officer is far more likely than a member of the general public to look down the barrel of an AK-47 whenever they serve a warrant, stop a suspicious vehicle on I-80, or respond to a domestic disturbance."

WIFE: "If you are going to threaten me and abuse me, just make sure you don't go out and try and buy an AK47, Okay?"

HUSBAND: "O.K. dear, when I come back tonight and to beat and rape you, I'll make sure I'm not breaking the law and using an illegal weapon. I wouldn't want to point that at the the cops when they show up to confront me. That would be illegal and they may throw me in jail."

5 posted on 02/25/2005 1:44:04 PM PST by frogjerk
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To: Dan from Michigan

Iowa is such a lost and filled with sheeple that NOTHING that this state does will suprise me.


6 posted on 02/25/2005 1:44:23 PM PST by zzen01
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To: dirtboy
Talk about an absolutely meaningless statistic that someone pulled out of a dark place...

U.S. Department of Labor
Occupational Fatalities per 100,000
Year 1999
Commercial Fishermen
162
Timber Cutters
154
Air Pilots
65
Construction Laborers
37
Garbage Collectors
34
Truck Drivers
28
Electricians
12
Gardeners (non farm)
11
Police
11
Carpenters
7

7 posted on 02/25/2005 1:44:46 PM PST by E. Pluribus Unum (Drug prohibition laws help fund terrorism.)
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To: Dan from Michigan
That SOB Connolly is my freakin' senator! Same one who shows up in person to shout at GWB when he visits. What an assclown!

This is serious - we Hawkeye gun owners need to put these "bi-partisan" (read: urban machine) jags in their place.

8 posted on 02/25/2005 1:46:26 PM PST by niteowl77
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To: frogjerk

I imagine a cop going up to a car that he has pulled over would be much more concerned about a handgun than an AK. It's pretty hard to conceal an AK and then do a quick draw with it.


9 posted on 02/25/2005 1:49:48 PM PST by dirtboy (Drooling moron since 1998...)
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To: Dan from Michigan
Cedar Rapids, IA - Legislation has been introduced in the Iowa Senate that would prohibit the possession of military-style, semiautomatic assault weapons in Iowa. The bipartisan bill (Senate File 207) is co-sponsored by Senators Connolly (D-Dubuque), Dvorsky (D-Coralville), Lundby (R-Marion), and Tinsman (R-Davenport).

_____________________________________


Senators Connolly (D-Dubuque), Dvorsky (D-Coralville), Lundby (R-Marion), and Tinsman (R-Davenport), are clearly violating their Article VI oaths to support the US Constitutions 2nd Amendment.

They should be impeached.

It is time, - in Iowa..
10 posted on 02/25/2005 1:57:51 PM PST by P_A_I
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To: Dan from Michigan
Talk about sloppy journalism. CA passed their AW ban in '89, not '99. This is one of many problems with the article, not the least of which is the use of the term "assault weapon", which is, for all practical purposes, meaningless.

I've noticed a lot of "AK-47s" in the news lately. The AK-47 is a selective-fire capable rifle, and therefore classified as a machine gun. Recent laws make them very difficult to obtain. The guns being used in the aforesaid articles are most likely AKSs (or similar firearm), which are the semi-auto only variant.

What I am trying to point out is that the same obfuscation and lies are being trotted out once again to try to drum up support for these proposed laws.

11 posted on 02/25/2005 2:10:38 PM PST by Disambiguator
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To: Dan from Michigan
Violence Policy Center

They are well named, as the policies they are proponents of would lead to more violence.

12 posted on 02/25/2005 2:12:08 PM PST by Disambiguator
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To: zzen01
Iowa is such a lost and filled with sheeple that NOTHING that this state does will suprise me.

Easy there. We (finally) got our 7 electoral votes into the correct column, which if not much, is progress.

13 posted on 02/25/2005 2:20:26 PM PST by !1776!
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To: Dan from Michigan

...A law enforcement officer is far more likely than a member of the general public to look down the barrel of an AK-47 whenever they serve a warrant, stop a suspicious vehicle on I-80, or respond to a domestic disturbance."...

Maybe that's because a member of the general public doesn't serve warrants, stop suspicious vehicles or respond to domestic disturbance since they are not police. What a lame brain statement to make.

How about this. A criminal is a lot less likely to look down the barrel of a citizens AK47 when he robs their house and maybe kills the whole family if they can't own one.

You know what, I don't think I want to give up my constitutional right to bear arms so the police can be safer. They chose their profession. It was not forced on them. I will not sacrifice my safety for theirs. Period.


14 posted on 02/25/2005 2:23:43 PM PST by planekT
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To: edskid

Here is the senate file. Sorry for the length...

Senate File 207



SENATE FILE
BY CONNOLLY, DVORSKY,
LUNDBY, and TINSMAN


Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved

A BILL FOR

1 An Act prohibiting the unauthorized possession of semiautomatic
2 assault weapons without a permit, providing and applying
3 certain penalties, and including a transition provision for
4 weapons possessed upon the effective date of the Act.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2000XS 81
7 rh/sh/8

PAG LIN



1 1 Section 1. Section 724.1, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 8A. A semiautomatic assault weapon as
1 4 defined in section 724.1A.
1 5 Sec. 2. NEW SECTION. 724.1A SEMIAUTOMATIC ASSAULT WEAPON
1 6 DEFINED.
1 7 1. "Semiautomatic assault weapon" means any of the
1 8 following:
1 9 a. A semiautomatic rifle that has the capability to accept
1 10 a detachable ammunition magazine and that has any of the
1 11 following:
1 12 (1) A pistol grip or thumbhole stock.
1 13 (2) A forward grip or any feature capable of functioning
1 14 as a protruding grip that can be held by the nontrigger hand.
1 15 (3) A shroud attached to the barrel, or that partially or
1 16 completely encircles the barrel, allowing the user to hold the
1 17 firearm with the nontrigger hand without being burned, but
1 18 excluding a slide that encloses the barrel.
1 19 (4) A folding or telescoping stock.
1 20 (5) A threaded barrel.
1 21 b. A semiautomatic rifle that has the capability to accept
1 22 a detachable ammunition magazine that was originally designed
1 23 and produced for a military assault rifle.
1 24 c. A semiautomatic pistol that has the capability to
1 25 accept a detachable ammunition magazine and any of the
1 26 following:
1 27 (1) A second grip or any feature capable of functioning as
1 28 a protruding grip that can be held by the nontrigger hand.
1 29 (2) A shroud attached to the barrel, or that partially or
1 30 completely encircles the barrel, allowing the user to hold the
1 31 firearm with the nontrigger hand without being burned, but
1 32 excluding a slide that encloses the barrel.
1 33 (3) A threaded barrel.
1 34 (4) A folding or telescoping stock.
1 35 (5) The capability to accept a detachable ammunition
2 1 magazine at any location outside the pistol grip.
2 2 d. A semiautomatic shotgun that has any of the following:
2 3 (1) The capability to accept a detachable ammunition
2 4 magazine.
2 5 (2) A pistol grip.
2 6 (3) A folding or telescoping stock.
2 7 e. A shotgun with a revolving cylinder.
2 8 f. A conversion kit, part, or combination of parts, from
2 9 which a semiautomatic assault weapon can be assembled if the
2 10 parts are in the possession of or under the control of the
2 11 same person.
2 12 g. A frame or receiver that is identical to, or based
2 13 substantially on, the frame or receiver of a semiautomatic
2 14 assault weapon described in paragraphs "a" through "e".
2 15 2. "Semiautomatic assault weapon" does not include any of
2 16 the following:
2 17 a. A firearm that is manually operated by a bolt, pump,
2 18 lever, or slide action.
2 19 b. A firearm that has been rendered permanently
2 20 inoperable.
2 21 3. The commissioner of public safety shall maintain a list
2 22 of semiautomatic assault weapons as defined by this section.
2 23 Sec. 3. NEW SECTION. 724.1B APPLICATION FOR PERMIT TO
2 24 POSSESS SEMIAUTOMATIC ASSAULT WEAPONS.
2 25 1. An application for a permit to possess a semiautomatic
2 26 assault weapon shall be made in person to the sheriff of the
2 27 county in which the applicant resides and shall be on a form
2 28 prescribed and published by the commissioner of public safety.
2 29 The application shall state the full name of the applicant,
2 30 the driver's license or nonoperator's identification card
2 31 number of the applicant, the residence of the applicant, and
2 32 the age of the applicant. The application shall also identify
2 33 the make, model, and serial number of each semiautomatic
2 34 assault weapon to be covered by the permit. The applicant
2 35 shall also display a photo identification card that bears a
3 1 distinguishing number assigned to the cardholder, the full
3 2 name, date of birth, sex, and residence address or other
3 3 identification as specified by rule of the department of
3 4 public safety. A person who knowingly makes a false statement
3 5 of material fact on the application commits a class "D"
3 6 felony.
3 7 Sec. 4. NEW SECTION. 724.1C PERMIT TO POSSESS
3 8 SEMIAUTOMATIC ASSAULT WEAPONS == ELIGIBILITY.
3 9 The sheriff shall conduct a criminal background check of an
3 10 applicant for a permit to possess a semiautomatic assault
3 11 weapon to determine whether the applicant is prohibited from
3 12 possessing a firearm under federal or state law. The sheriff
3 13 of the county in which the applicant resides shall issue a
3 14 permit to an applicant who is not prohibited by law from
3 15 possessing firearms and who satisfies all of the following
3 16 requirements:
3 17 1. The person applying for a permit to possess a
3 18 semiautomatic assault weapon is one of the following:
3 19 a. Is eighteen years of age or older and is applying for
3 20 permission to possess a semiautomatic rifle or shotgun.
3 21 b. Is twenty=one years of age or older and is applying for
3 22 permission to possess a semiautomatic pistol.
3 23 2. The person has never been convicted of a felony.
3 24 3. The person is not addicted to the use of alcohol or any
3 25 controlled substance.
3 26 4. The person has no history of repeated acts of violence.
3 27 5. The person has never been convicted of a crime defined
3 28 in chapter 708.
3 29 6. The person has never been adjudged mentally
3 30 incompetent.
3 31 Sec. 5. NEW SECTION. 724.1D PERMIT TO POSSESS
3 32 SEMIAUTOMATIC ASSAULT WEAPONS == ISSUANCE == REVOCATION.
3 33 1. A permit to possess a semiautomatic assault weapon
3 34 shall be on a form prescribed and published by the
3 35 commissioner of public safety. The permit shall contain the
4 1 name and residence of the permit holder, the make, model, and
4 2 serial number of the semiautomatic assault weapon covered by
4 3 the permit, and the period of time covered by the permit. A
4 4 permit to possess a semiautomatic assault weapon shall be
4 5 valid for a period of three years from the effective date of
4 6 issuance or renewal. The sheriff shall collect a fee of ten
4 7 dollars for each new or renewal permit issued. The sheriff
4 8 shall forward a copy of each permit to the commissioner of
4 9 public safety.
4 10 2. The issuing sheriff shall revoke a permit to possess a
4 11 semiautomatic assault weapon if the sheriff learns that any of
4 12 the conditions required for the issuance of the permit as
4 13 stated in section 724.1C have ceased to exist, or if the
4 14 sheriff learns that the permit was improperly issued. If the
4 15 issuing sheriff revokes a permit, the sheriff shall notify the
4 16 permit holder of the revocation on a form prescribed and
4 17 published by the commissioner of public safety, and shall
4 18 forward a copy of the revocation to the commissioner of public
4 19 safety. The permit holder shall have seven days from receipt
4 20 of the revocation notification to surrender possession of all
4 21 semiautomatic assault weapons covered by the permit by any of
4 22 the following methods:
4 23 a. Removal of the semiautomatic assault weapon from this
4 24 state.
4 25 b. Rendering the semiautomatic assault weapon permanently
4 26 inoperable.
4 27 c. Delivering the semiautomatic assault weapon to an
4 28 appropriate law enforcement agency for destruction.
4 29 Sec. 6. NEW SECTION. 724.1E SEMIAUTOMATIC ASSAULT
4 30 WEAPONS RECORDS.
4 31 The commissioner of public safety shall maintain a
4 32 permanent record of all current permits to possess
4 33 semiautomatic assault weapons and of current permit
4 34 revocations.
4 35 Sec. 7. NEW SECTION. 724.1F POSSESSION OF SEMIAUTOMATIC
5 1 ASSAULT WEAPON PRIOR TO JULY 1, 2005.
5 2 A person who, prior to July 1, 2005, legally possessed a
5 3 semiautomatic assault weapon as defined in section 724.1A
5 4 shall have until September 15, 2005, to do any of the
5 5 following without being subject to prosecution:
5 6 1. Obtain a permit to possess a semiautomatic assault
5 7 weapon pursuant to section 724.1C.
5 8 2. Remove the semiautomatic assault weapon from this
5 9 state.
5 10 3. Render the semiautomatic assault weapon permanently
5 11 inoperable.
5 12 4. Deliver the semiautomatic assault weapon to an
5 13 appropriate law enforcement agency for destruction.
5 14 Sec. 8. Section 724.3, Code 2005, is amended to read as
5 15 follows:
5 16 724.3 UNAUTHORIZED POSSESSION OF OFFENSIVE WEAPONS.
5 17 Any Except as otherwise provided in section 724.1F, a
5 18 person, other than a person authorized herein, who knowingly
5 19 possesses an offensive weapon commits a class "D" felony.
5 20 EXPLANATION
5 21 This bill prohibits the unauthorized possession of
5 22 semiautomatic assault weapons without a permit, creates a
5 23 penalty, and applies certain penalties for offensive weapons
5 24 violations contained in Code chapter 724 relating to weapons.
5 25 The bill defines a semiautomatic assault weapon as an
5 26 offensive weapon under Code section 724.1 and defines a
5 27 semiautomatic assault weapon to include a semiautomatic rifle,
5 28 pistol, or shotgun with certain characteristics, a shotgun
5 29 with certain characteristics, a conversion kit, part, or
5 30 combination of parts from which a semiautomatic weapon can be
5 31 assembled, and a frame or receiver that is identical to or
5 32 based substantially on the frame or receiver or a
5 33 semiautomatic assault weapon. The bill excludes a firearm
5 34 that is manually operated by a bolt, pump, lever, or slide
5 35 action and a firearm that has been rendered permanently
6 1 inoperable from the definition of a semiautomatic assault
6 2 weapon.
6 3 The bill prohibits a person from possessing a semiautomatic
6 4 assault weapon, other than a person who has a permit to
6 5 possess a semiautomatic assault weapon, or whose duties or
6 6 lawful activities require or permit such possession pursuant
6 7 to Code section 724.2. The bill provides that a person must
6 8 apply in person to the sheriff of the county in which the
6 9 person resides for a permit to possess a semiautomatic assault
6 10 weapon and specifies certain information that must be
6 11 contained in the permit application. The sheriff shall
6 12 conduct a criminal background check of a person who applies
6 13 for a permit to determine whether the person is prohibited
6 14 from possessing a firearm under federal or state law, and if
6 15 not prohibited, the sheriff shall issue a permit to a person
6 16 who satisfies certain requirements.
6 17 The bill further provides certain information that shall be
6 18 contained in the permit to possess semiautomatic assault
6 19 weapons. Such a permit shall be valid for a period of three
6 20 years from the effective date of issue or renewal. The
6 21 sheriff shall collect a fee of $10 for each new or renewal
6 22 permit and shall forward a copy of each permit to possess
6 23 semiautomatic assault weapons to the commissioner of public
6 24 safety. The sheriff shall revoke any such permit when the
6 25 sheriff learns that any of the conditions required for the
6 26 issuance of that permit have ceased to exist or when the
6 27 sheriff learns that the permit was improperly issued.
6 28 The bill provides that the commissioner of public safety
6 29 shall maintain a permanent record of all current permits to
6 30 possess semiautomatic assault weapons and of current permit
6 31 revocations.
6 32 The bill provides that a person who, prior to July 1, 2005,
6 33 legally possesses a semiautomatic assault weapon as defined in
6 34 Code section 724.1A shall have until September 15, 2005, to do
6 35 any of the following without being subject to prosecution:
7 1 1. Obtain a permit to possess semiautomatic assault
7 2 weapons pursuant to Code section 724.1B.
7 3 2. Remove the semiautomatic assault weapon from this
7 4 state.
7 5 3. Render the semiautomatic assault weapon permanently
7 6 inoperable.
7 7 4. Deliver the semiautomatic assault weapon to an
7 8 appropriate law enforcement agency for destruction.
7 9 The bill provides that a person who knowingly makes a false
7 10 statement of material fact on the application to possess a
7 11 semiautomatic assault weapon commits a class "D" felony.
7 12 The bill subjects a person who unlawfully possesses a
7 13 semiautomatic assault weapon as an offensive weapon (Code
7 14 section 724.3), a person who goes armed with, carries, or
7 15 transports a semiautomatic assault weapon as a firearm on
7 16 school grounds (Code section 724.4B), and a person who is a
7 17 felon in possession of a semiautomatic assault weapon as a
7 18 firearm or offensive weapon (Code section 724.26) to a class
7 19 "D" felony, subjects a person who intentionally discharges a
7 20 semiautomatic assault weapon as a firearm in a reckless manner
7 21 (Code section 724.30) to a simple misdemeanor, an aggravated
7 22 misdemeanor, a class "D" felony, or a class "C" felony
7 23 depending on the type of injury that occurs, subjects a person
7 24 who allows a child under the age of 14 access to a loaded
7 25 semiautomatic assault weapon as a firearm to a serious
7 26 misdemeanor (Code section 724.22, subsection 7), and subjects
7 27 a person who sells a device that increases the rate of fire of
7 28 a semiautomatic assault weapon as a firearm to an aggravated
7 29 misdemeanor (Code section 724.29).
7 30 A simple misdemeanor is punishable by confinement for no
7 31 more than 30 days or a fine of at least $50 but not more than
7 32 $500 or by both. A serious misdemeanor is punishable by
7 33 confinement for no more than one year and a fine of at least
7 34 $250 but not more than $1,500. An aggravated misdemeanor is
7 35 punishable by confinement for no more than two years and a
8 1 fine of at least $500 but not more than $5,000. A class "D"
8 2 felony is punishable by confinement for no more than five
8 3 years and a fine of at least $750 but not more than $7,500. A
8 4 class "C" felony is punishable by confinement for no more than
8 5 10 years and a fine of at least $1,000 but not more than
8 6 $10,000.
8 7 LSB 2000XS 81
8 8 rh:rj/sh/8


15 posted on 02/25/2005 2:25:08 PM PST by !1776!
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To: !1776!

For those Iowan's out there, the following link will provide contact information to your state rep and senator.

Get the word out that this bill is unacceptable.

http://www4.legis.state.ia.us/find-leg/


16 posted on 02/25/2005 2:28:45 PM PST by !1776!
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To: Dan from Michigan
Oh crap, here come more of those disgruntled Iowegians into my beloved show me state.
17 posted on 02/25/2005 2:33:49 PM PST by LowInMo (Pray for Dow Jones and the Nasdaqi's.)
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To: Dan from Michigan

First step - get the defensive weapons out of peoples hands -


18 posted on 02/25/2005 2:33:58 PM PST by maine-iac7 (."...but you can't fool all of the people all of the time" LINCOLN)
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To: LowInMo
Oh crap, here come more of those disgruntled Iowegians into my beloved show me state

I could trot out that old joke about how transferring the southernmost tier of Iowa counties to Missouri would raise both states' median IQ, but I won't.

I'm too much of a Cardinals fan to do that. If I was forced to move away from Money magazine's "#1 place to raise a family" (Cedar Rapids, 1998), I'd consider moving to suburban St. Louis. Meanwhile, I'm happier making the trip down the Avenue Of The Saints a few times each year. :-)

19 posted on 02/25/2005 3:00:29 PM PST by newgeezer (Iowan since 1960)
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To: Dan from Michigan
co-sponsored by Senators Connolly (D-Dubuque), Dvorsky (D-Coralville), Lundby (R-Marion), and Tinsman (R-Davenport).

That figures. Mary and Maggie are without a doubt the Democrats' favorite RINOs.

20 posted on 02/25/2005 3:02:46 PM PST by newgeezer (Iowan since 1960)
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