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Old April 18th 09, 10:37 PM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner
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New York State
Department of Motor Vehicles
Custom Plate Gallery - Emergency Services


# Eligible Vehicles:

All vehicles that are registered in NYS as a passenger class vehicle or
as a commercial class vehicle are eligible.
(Note: Commercial plates must display the word "COMMERCIAL".)
Certain custom plates are available for Motorcycles that are registered
in NYS (refer to the plate gallery).

# Eligible Persons:

An organization can require you to prove that you are eligible to use
the organization picture plates
(refer to the plate gallery).
Certain organization picture plates must be ordered through the
organization or the Custom Plates Unit only.

Ham Radio Operator
Requirements: copy of license issued by FCC. $23/$5

-----

§ 397
§ 397. Equipping motor vehicles with radio receiving sets capable of
receiving signals on the frequencies allocated for police use. A person,
not a police officer or peace officer, acting pursuant to his special
duties, who equips a motor vehicle with a radio receiving set capable of
receiving signals on the frequencies allocated for police use or
knowingly uses a motor vehicle so equipped or who in any way knowingly
interferes with the transmission of radio messages by the police without
having first secured a permit so to do from the person authorized to
issue such a permit by the local governing body _ or board of the city.
town or village in which such person resides, or where such person
resides outside of a city or village in a county having a county police
department by the board of supervisors of such county, is guilty of a
misdemeanor, punishable by a tine not exceeding one thousand dollars, or
imprisonment not exceeding six months, or both. Nothing in this section
contained shall be construed to apply to any person who holds a valid
amateur radio operators license issued by the federal communications
commission and who operates a duly licensed portable mobile transmitter
and in connection therewith a receiver or receiving set on frequencies
exclusively allocated by the federal communications commission to duly
licensed radio amateurs.
§ 397-a. Radar detectors prohibited. 1. No radar detector shall be used
in any motor vehicle with a gross vehicle weight rating of more than
eighteen thousand pounds. The presence in such vehicle of a radar
detector connected to a power source and in an operable condition is
presumptive evidence of its use by any person operating such vehicle.
Such presumption shall be rebutted by any credible and reliable evidence
which tends to show that such radar detector was not in use.
2. The provisions of this section shall not be construed as authorizing
the seizure or forfeiture of a radar detector, unless otherwise provided
by law.
3. A violation of the provisions of this section shall constitute a
traffic infraction punishable by a tine of not less than twenty-five nor
more than one hundred dollars.
§ 397-h. Vehicle leases that are not sales or security interests.
Notwithstanding any other provision of law, in the case of motor
vehicles or trailers which are not vehicles or trailers leased or used
primarily for personal, family, or household purposes, a transaction
does not create a conditional sale or security interest merely because
it provides that the rental price is permitted or required to be
adjusted under the agreement either upward or downward by reference to
the amount realized upon sale or other disposition of the motor vehicle
or trailer.
-208-
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Old April 19th 09, 04:55 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner
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Posts: 4
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Steve Stone wrote in
:

New York State
Department of Motor Vehicles
Custom Plate Gallery - Emergency Services


# Eligible Vehicles:

All vehicles that are registered in NYS as a passenger class vehicle
or as a commercial class vehicle are eligible.
(Note: Commercial plates must display the word "COMMERCIAL".)
Certain custom plates are available for Motorcycles that are
registered in NYS (refer to the plate gallery).

# Eligible Persons:

An organization can require you to prove that you are eligible to
use
the organization picture plates
(refer to the plate gallery).
Certain organization picture plates must be ordered through the
organization or the Custom Plates Unit only.

Ham Radio Operator
Requirements: copy of license issued by FCC. $23/$5

-----

§ 397
§ 397. Equipping motor vehicles with radio receiving sets capable of
receiving signals on the frequencies allocated for police use. A
person, not a police officer or peace officer, acting pursuant to his
special duties, who equips a motor vehicle with a radio receiving set
capable of receiving signals on the frequencies allocated for police
use or knowingly uses a motor vehicle so equipped or who in any way
knowingly interferes with the transmission of radio messages by the
police without having first secured a permit so to do from the person
authorized to issue such a permit by the local governing body _ or
board of the city. town or village in which such person resides, or
where such person resides outside of a city or village in a county
having a county police department by the board of supervisors of such
county, is guilty of a misdemeanor, punishable by a tine not exceeding
one thousand dollars, or imprisonment not exceeding six months, or
both. Nothing in this section contained shall be construed to apply to
any person who holds a valid amateur radio operators license issued by
the federal communications commission and who operates a duly licensed
portable mobile transmitter and in connection therewith a receiver or
receiving set on frequencies exclusively allocated by the federal
communications commission to duly licensed radio amateurs.
§ 397-a. Radar detectors prohibited. 1. No radar detector shall be
used in any motor vehicle with a gross vehicle weight rating of more
than eighteen thousand pounds. The presence in such vehicle of a radar
detector connected to a power source and in an operable condition is
presumptive evidence of its use by any person operating such vehicle.
Such presumption shall be rebutted by any credible and reliable
evidence which tends to show that such radar detector was not in use.
2. The provisions of this section shall not be construed as
authorizing the seizure or forfeiture of a radar detector, unless
otherwise provided by law.
3. A violation of the provisions of this section shall constitute
a traffic infraction punishable by a tine of not less than twenty-five
nor more than one hundred dollars.
§ 397-h. Vehicle leases that are not sales or security interests.
Notwithstanding any other provision of law, in the case of motor
vehicles or trailers which are not vehicles or trailers leased or used
primarily for personal, family, or household purposes, a transaction
does not create a conditional sale or security interest merely because
it provides that the rental price is permitted or required to be
adjusted under the agreement either upward or downward by reference to
the amount realized upon sale or other disposition of the motor
vehicle or trailer.
-208-


Yes, every NYS ham should be familiar with part 397. Being able to quote
the specific V&TL section could come in handy should an "issue" ever
arise during a traffic stop.

While 397 specifically permits licensed hams to equip their vehicles
with 2-way radio gear, there is nothing in the section that REQUIRES a
vehicle have mobile ham radio equipment on board as a condition of
having ham radio license plates. (As "radioguy" claims)


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Old April 19th 09, 05:15 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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First recorded activity by RadioBanter: Nov 2008
Posts: 159
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On Apr 18, 5:37*pm, Steve Stone wrote:
* New York State
* Department of Motor Vehicles
* Custom Plate Gallery - Emergency Services

Ham Radio Operator

Requirements: copy of license issued by FCC. * *$23/$5

-----

§ 397
§ 397. Equipping motor vehicles with radio receiving sets capable of
receiving signals on the frequencies allocated for police use. A person,
not a police officer or peace officer, acting pursuant to his special
duties, who equips a motor vehicle with a radio receiving set capable of
receiving signals on the frequencies allocated for police use or
knowingly uses a motor vehicle so equipped or who in any way knowingly
interferes with the transmission of radio messages by the police without
having first secured a permit so to do from the person authorized to
issue such a permit by the local governing body _ or board of the city.
town or village in which such person resides, or where such person
resides outside of a city or village in a county having a county police
department by the board of supervisors of such county, is guilty of a
misdemeanor, punishable by a tine not exceeding one thousand dollars, or
imprisonment not exceeding six months, or both. Nothing in this section
contained shall be construed to apply to any person who holds a valid
amateur radio operators license issued by the federal communications
commission and who operates a duly licensed portable mobile transmitter
and in connection therewith a receiver or receiving set on frequencies
exclusively allocated by the federal communications commission to duly
licensed radio amateurs.
§ 397-a. Radar detectors prohibited. 1. No radar detector shall be used
in any motor vehicle with a gross vehicle weight rating of more than
eighteen thousand pounds. The presence in such vehicle of a radar
detector connected to a power source and in an operable condition is
presumptive evidence of its use by any person operating such vehicle.
Such presumption shall be rebutted by any credible and reliable evidence
which tends to show that such radar detector was not in use.



What happened to the FEDERAL law that states states must recognize
other state's laws and vehicle equipment installations as legal?

Yours contradicts both the other states and FEDERAL law.

If you have ham plates, then Alaska, Oregon, North Carolina, Texas,
Virginia, and Missouri ALL REQUIRE that you MUST have ham radio
equipment INSTALLED in the vehicle.

And most cities, countis, and police departments in other states do
not issue any such documents as you say New York requires.

People do go on vacation to other states.

And since many people can only afford one car,

what if it's the ham's wife driving the car thrugh New York without
him.

Of course, she isnt going to have any such document as you say New
York requires even if his locality did issue such a document to him.
Which most don't because the plates are proof enough.

And of course, she wouldn't have a radio liscense like he does.

Plus SOME states by law put a design in the middle of the ham plate
letters.

And I've seen posts saying that's illegal in New York to have a design
in the middle of your ha call letters on your ham plates, and if you
drive through there like that, you will get arrested eveen more.

So that is saying that sdome hams are NOT allowed to drive their
perfectly legal cars with theirperfectly legal ham call plates through
New York state because some states require a design like a lightning
bolt on the ham plates in the middle of the call letters.

And you all probably don't even know how to run ham plates.

SOME states allow the exact same call plates on multiple vehicles.
That is, no -1, -2, -3 like New York requires.

I saw posts saying that is illegal in New York to have any vehicle
with ham plates like that
registered to multiple vehicles even if you're from out of state.

Since when does New York state law OVERRULE Federal law?

The FEDERAL law about states must recognize other state's laws about
license plates, stickers, sticker placement, and equipment
installation in vehicles as legal if it's legal in the state the car
and driver are registered in is still in effect and valid.

And what about a large family of hams who the whole family has gotten
ham liscenses and has all their vehicles registered with the exact
same ham call plate, perfctly legal in their home state who then must
tak and drive two or all three of their cars on vacation through New
York state in order to legally fit them in the cars.

It's illegal in my state to have a car overcrowded with too many
people. Four or six is the limit depending on how many seatbelts there
are and the size of the vehicle, 2 door or 3 door.

And some vehicles only seat two people, like some pickup trucks or
some small cars.






2. * * *The provisions of this section shall not be construed as authorizing
the seizure or forfeiture of a radar detector, unless otherwise provided
by law.
3. * * *A violation of the provisions of this section shall constitute a
traffic infraction punishable by a tine of not less than twenty-five nor
more than one hundred dollars.
§ 397-h. Vehicle leases that are not sales or security interests.
Notwithstanding any other provision of law, in the case of motor
vehicles or trailers which are not vehicles or trailers leased or used
primarily for personal, family, or household purposes, a transaction
does not create a conditional sale or security interest merely because
it provides that the rental price is permitted or required to be
adjusted under the agreement either upward or downward by reference to
the amount realized upon sale or other disposition of the motor vehicle
or trailer.
-208-


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Old April 19th 09, 08:21 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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Posts: 4
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radioguy wrote in news:be557016-bf66-4c4f-b10b-
:


What happened to the FEDERAL law that states states must recognize
other state's laws and vehicle equipment installations as legal?


I don't know where you got this notion from, but there is NO SUCH FEDERAL
LAW. Not when it comes to "vehicle equipment installations" - and this
covers many, many areas besides ham radio.

Some examples:

In some states it is legal to have dark tint on a car's side and rear
windows. In other states it is NOT legal, and an out-of-state car CAN be
ticketed for such, even though the windows might be perfectly legal in the
car's "home" state.

Likewise, rules relating to minimum or maximum ground clearance under a
vehicle. What might be allowed in one state, could well get you a ticket in
a neighboring state.

Likewise, rule regulating exhaust systems and the amount of noise emitted
by same.


But, in other areas, states have NO authority over what other states do...



If you have ham plates, then Alaska, Oregon, North Carolina, Texas,
Virginia, and Missouri ALL REQUIRE that you MUST have ham radio
equipment INSTALLED in the vehicle.


First of all, of the states you listed, only Texas and Virginia have such a
requirement - the others do not - and the requirement only holds true for
vehicles REGISTERED IN THAT STATE. A Texas vehicle with ham plates might
need to have radio equipment installed IN TEXAS, but a vehicle from
California (with California ham plates) does not have to meet the
requirement, just because it might be travelling through Texas.


And most cities, countis, and police departments in other states do
not issue any such documents as you say New York requires.


It's not a case of "you say" - the other poster pasted a direct quote from
Section 397 of New York's Vehicle and Traffic Law. But you didn't read it
very closely, because the locally-issued "documents" it refers to are to
authorize persons OTHER THAN HAMS to have mobile radio equipment. A
licensed amateur does not require a "local permit" - his license alone is
all the authorization he needs.

Now, if the licensed ham is not present in the vehicle, then yes, there
might be a problem.


And I've seen posts saying that's illegal in New York to have a design
in the middle of your ha call letters on your ham plates, and if you
drive through there like that, you will get arrested eveen more.

So that is saying that sdome hams are NOT allowed to drive their
perfectly legal cars with theirperfectly legal ham call plates through
New York state because some states require a design like a lightning
bolt on the ham plates in the middle of the call letters.


That prohibition might hold true for a New York-issued plate, but NYS has
no control (or interest) in the particular color or design of other
states' license plates, as long as the plate and registration is valid and
current in the vehicle's home state.



The FEDERAL law about states must recognize other state's laws about
license plates, stickers, sticker placement, and equipment
installation in vehicles as legal if it's legal in the state the car
and driver are registered in is still in effect and valid.


You're mixing apples and oranges here. A valid vehicle registration in one
state, must be recognized as valid in ALL states - likewise a valid
driver's license. Such recognition is based on the "full faith and credit"
clause of Article IV, Section 1 of the U.S. Constitution.

But, when you get into "sticker placement" and "equipment installation",
again I tell you there is not, and never has been, ANY "federal law"
mandating such. I gave a few examples above - there are hundreds more.


And what about a large family of hams who the whole family has gotten
ham liscenses and has all their vehicles registered with the exact
same ham call plate, perfctly legal in their home state who then must
tak and drive two or all three of their cars on vacation through New
York state in order to legally fit them in the cars.


In Texas, you can have the exactly the same ham plate on multiple vehicles
because the plate itself IS NOT THE VEHICLE LICENSE. The actual license is
on a window sticker - and that sticker number is unique for each vehicle.
As long as the stickers on all vehicles are curent and valid in Texas, you
can drive them legally in any state.




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Old April 19th 09, 02:12 PM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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First recorded activity by RadioBanter: Nov 2008
Posts: 48
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On Sat, 18 Apr 2009 21:15:38 -0700 (PDT), radioguy
wrote:

On Apr 18, 5:37*pm, Steve Stone wrote:
* New York State
* Department of Motor Vehicles
* Custom Plate Gallery - Emergency Services

Ham Radio Operator

Requirements: copy of license issued by FCC. * *$23/$5

-----

§ 397
§ 397. Equipping motor vehicles with radio receiving sets capable of
receiving signals on the frequencies allocated for police use. A person,
not a police officer or peace officer, acting pursuant to his special
duties, who equips a motor vehicle with a radio receiving set capable of
receiving signals on the frequencies allocated for police use or
knowingly uses a motor vehicle so equipped or who in any way knowingly
interferes with the transmission of radio messages by the police without
having first secured a permit so to do from the person authorized to
issue such a permit by the local governing body _ or board of the city.
town or village in which such person resides, or where such person
resides outside of a city or village in a county having a county police
department by the board of supervisors of such county, is guilty of a
misdemeanor, punishable by a tine not exceeding one thousand dollars, or
imprisonment not exceeding six months, or both. Nothing in this section
contained shall be construed to apply to any person who holds a valid
amateur radio operators license issued by the federal communications
commission and who operates a duly licensed portable mobile transmitter
and in connection therewith a receiver or receiving set on frequencies
exclusively allocated by the federal communications commission to duly
licensed radio amateurs.


This law deals with the installation of ANY radio RECEIVER that can
monitor police frequencies. The wording DOES NOT suggest that a ham
MUST have a unit in the plated vehicle. The law only says that the
owner of said plates must be licensed to do so.


§ 397-a. Radar detectors prohibited. 1. No radar detector shall be used
in any motor vehicle with a gross vehicle weight rating of more than
eighteen thousand pounds. The presence in such vehicle of a radar
detector connected to a power source and in an operable condition is
presumptive evidence of its use by any person operating such vehicle.
Such presumption shall be rebutted by any credible and reliable evidence
which tends to show that such radar detector was not in use.



What happened to the FEDERAL law that states states must recognize
other state's laws and vehicle equipment installations as legal?


That's known as the "International Reciprocity Pact". It is not
necessarily a federal law. Which is also damned difficult to find on
the search engines.

If you live in NY, anything that NY law says is legal on your
vehicle, must also be accepted as legal anywhere else in the country
as well as Mexico and Canada.



Yours contradicts both the other states and FEDERAL law.

If you have ham plates, then Alaska, Oregon, North Carolina, Texas,
Virginia, and Missouri ALL REQUIRE that you MUST have ham radio
equipment INSTALLED in the vehicle.


No. Those states can only accept the plate. Their laws are for the
residents of their states for the issuance of such plates.


And most cities, countis, and police departments in other states do
not issue any such documents as you say New York requires.

People do go on vacation to other states.

And since many people can only afford one car,

what if it's the ham's wife driving the car thrugh New York without
him.


All that is necessary is that the owner of the said vehicle and plates
has met the state's requirement's for those plates. Stopping an out of
state vehicle simply because the officer did not see the registered
owner driving the vehicle is not probable cause and would not hold up
in court.



Of course, she isnt going to have any such document as you say New
York requires even if his locality did issue such a document to him.
Which most don't because the plates are proof enough.

And of course, she wouldn't have a radio liscense like he does.

Plus SOME states by law put a design in the middle of the ham plate
letters.

And I've seen posts saying that's illegal in New York to have a design
in the middle of your ha call letters on your ham plates, and if you
drive through there like that, you will get arrested eveen more.


If your plates are from NY.


So that is saying that sdome hams are NOT allowed to drive their
perfectly legal cars with theirperfectly legal ham call plates through
New York state because some states require a design like a lightning
bolt on the ham plates in the middle of the call letters.

And you all probably don't even know how to run ham plates.

SOME states allow the exact same call plates on multiple vehicles.
That is, no -1, -2, -3 like New York requires.


Really? Got a case cite for this?



I saw posts saying that is illegal in New York to have any vehicle
with ham plates like that
registered to multiple vehicles even if you're from out of state.

Since when does New York state law OVERRULE Federal law?


Because they say it does.


The FEDERAL law about states must recognize other state's laws about
license plates, stickers, sticker placement, and equipment
installation in vehicles as legal if it's legal in the state the car
and driver are registered in is still in effect and valid.

And what about a large family of hams who the whole family has gotten
ham liscenses and has all their vehicles registered with the exact
same ham call plate, perfctly legal in their home state who then must
tak and drive two or all three of their cars on vacation through New
York state in order to legally fit them in the cars.


wrong.


It's illegal in my state to have a car overcrowded with too many
people. Four or six is the limit depending on how many seatbelts there
are and the size of the vehicle, 2 door or 3 door.

And some vehicles only seat two people, like some pickup trucks or
some small cars.


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Old April 19th 09, 04:47 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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On Apr 18, 11:07*am, Martin Martino
wrote:
radioguy wrote in news:f4c928f8-1b0f-4357-b84b-
:



Also under law you are REQUIRED to have a working mobile ham radio in
your car if you have ham plates
And if you do, FEDERAL LAW REQUIRES hams to use it while driving, in
certain situations.


Besides, if you have ham plates, then under law, you are NOT allowed
to uninstall the ham radio from your car.


There is NO law in New York State (or any other state that I am aware of),
which requires one to have a "working mobile ham radio" in a vehicle which
has ham radio plates.


Oregon, Alaska, North Carolina, Texas, Virginia, and Missouri all by
law, REQUIRE hams to have a ham radio installed in their vehicle if
they have ham platetes

And probably some other states also.

And under FEDERAL LAW must answer even if they're driving if they hear
someone call an emergency on one of the ham channels they know they
can help by answering if no one else answers.

Not ddoing so goes against the first purpose of the amateur radio
service as listed in part 97 of FEDERAL communications commission
rules.

and can result in them getting fined.

And FEDERAL law overrules all state law despite you saying New York
state law overrules all FEDERAL law.







You seem to have a bad habit of just making stuff up, and then posting your

fantasies as "facts".


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Old April 19th 09, 05:15 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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In rec.radio.amateur.policy radioguy wrote:

Oregon, Alaska, North Carolina, Texas, Virginia, and Missouri all by
law, REQUIRE hams to have a ham radio installed in their vehicle if
they have ham platetes


Got a reference to the relevant statutes?

snip babble

Are you drunk, on drugs, insane, or just blazingly stupid?


--
Jim Pennino

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Old April 19th 09, 06:20 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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First recorded activity by RadioBanter: Nov 2008
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On Apr 19, 12:15*am, wrote:
In rec.radio.amateur.policy radioguy wrote:

Oregon, Alaska, North Carolina, Texas, Virginia, and Missouri all by
law, REQUIRE hams to have a ham radio installed in their vehicle if
they have ham platetes


Got a reference to the relevant statutes?


http://www.arrl.org/FandES/field/reg...al/plates.html



snip babble

Are you drunk, on drugs, insane, or just blazingly stupid?

--
Jim Pennino

Remove .spam.sux to reply.





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Old April 19th 09, 06:23 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,alt.radio.scanner,alt.radio.family
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Posts: 159
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On Apr 19, 12:15*am, wrote:
In rec.radio.amateur.policy radioguy wrote:

Oregon, Alaska, North Carolina, Texas, Virginia, and Missouri all by
law, REQUIRE hams to have a ham radio installed in their vehicle if
they have ham platetes


Got a reference to the relevant statutes?


http://www.arrl.org/FandES/field/reg...al/plates.html


snip babble

Are you drunk, on drugs, insane, or just blazingly stupid?

--
Jim Pennino

Remove .spam.sux to reply.




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