Virginia's once-a-month rule explanation of Virginias self-defense law, Permit Required for Concealed Carry in Virginia, Virginia Department of Game and Inland Fisheries, Virginia Boating While Intoxicated, Recklessly Operating Boat & Watercraft Criminal Offenses, Carrying Concealed handgun while intoxicated, Discharging firearm in public causing injury, Possessing firearm with Drugs Schedule I or II, Reckless handling of firearms; reckless handling while hunting Va. Code 18.2-56.1, Carrying loaded firearms in public areas prohibited Va. Code 18.2-287.4, Discharging firearms or missiles within or at building or dwelling house Va. Code 18.2-279, Possession or transportation of certain firearms by persons under the age of 18 Va. Code 18.2-308.7, Pointing, holding, or brandishing firearm, air or gas-operated weapon or objects Va. Code 18.2-282, Personal protection; carrying concealed weapons without a Permit Va. Code 18.2-308, Receipt of / receiving stolen firearm Va. Code 18.2-108.1, Shooting at or throwing missiles, etc., at a train, car, vessel, etc. 2800 N Parham Rd #201, 18.2-56.1. Reckless handling of firearms; reckless handling while The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. Hazing unlawful; civil and criminal liability; duty of school, etc -fk$ASC>##j|LD1.Vem }_I$~ Any person who hunts wildlife with a firearm, bow and arrow, or crossbow in the Commonwealth of Virginia while he is under the influence of alcohol, any narcotic drug, or any intoxicant or drug of whatsoever nature to a degree that impairs his ability to hunt safely can face up to a year in jail and a $2,500 fine if found guilty of this class 1 misdemeanor charge. 1227(a) (2)(C) (firearms offense)7 If type of firearm is not included in federal definition (e.g. Copyright 20112013 Waldo Jaquith Unlawfully discharging a gun; Reckless weapon handling; Carrying a gun within a prohibited area; Concealing a weapon; Owning a gun even when prohibited; We'll examine each of these laws to guide you in your gun charges defense strategy. By acquitting the defendant of violating Code 18.2308.2, when the defendant's status as a felon was undisputed and where he possessed an object resembling a firearm, the trial court as factfinder rejected the only interpretation of the facts which would allow an appellate court to conclude that the facts supported a conviction under Code 18.256.1(A). <> Without a permit, its a crime under Va. Code 18.2-308. A violation of this Subsection shall be punishable as a Class 4 misdemeanor. Reckless handling of firearms; reckless handling while hunting. 444, 579. (b) It shall be unlawful for any person to hunt with a firearm any bird or game animal on or within 100 yards from any primary or secondary highway. The trial court denied the second motion to strike without elaboration. B. City of Alexandria: Sec. Any person convicted of an offense that would disqualify that person from obtaining a permit under 18.2-308.09 or who violates subsection C of 18.2-308.02 shall forfeit his permit for a concealed handgun and surrender it to the court. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. Clients weapons were returned to him and he was able to keep his hunting license. 2023 LawServer Online, Inc. All rights reserved. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such person's hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. In denying the first motion to strike, the trial court found that there existed a different standard for convictions under Code 18.2308.2 and 18.256.1. Read [], ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 for an accidental discharge in an apartment building was DISMISSED. And, a purchaser who receives a firearm from another person without obtaining the required background check can also be charged with a Class 1 misdemeanor. The laws are owned by the If you are being investigated by the police or have already been charged with a firearms offense, please call to see if you qualify for a free consultation. The maximum penalty for brandishing a firearm in Virginia is 12 months [], Fairfax, Virginia Criminal Defense Attorney Case Result: Client was initially found guilty of Assault with a firearm in the Fairfax County General District Court and sentenced to 5 days in jail. Recklessly allowing access to firearms to children is punished as a class 3 misdemeanor. Related Public Intoxication charge was DROPPED. The statute, however, does not specify that the firearm must be operable or capable of being fired. Previous 18.2-55.1 Hazing of youth gang members unlawful; criminal liability; Next 18.2-56.1 Reckless handling of firearms; reckless handling while hunting; 18.2 Crimes And Offenses Generally; 4 Crimes Against The Person; 4 Assaults And Bodily Woundings 18.2-56 Hazing unlawful; civil and criminal liability; . Reckless handling of firearms; reckless handling while hunting on Westlaw. 18.2-56.1. Upon receipt of such notice of a conviction, the court shall revoke the permit of a person disqualified pursuant to this subsection, and shall promptly notify the State Police and the person whose permit was revoked of the revocation. Your Concealed Carry Insurance or Self Defense Insurance May Cover Criminal Defense Attorney Fees. This field is for validation purposes and should be left unchanged. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor. That means a judge must make the decision based on what the judge's definition of reckless is. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. Reckless handling of firearms; reckless handling while hunting. The government will have to prove that the accused(1) pointed or brandished a firearm, and (2) in such a manner as to reasonably induce fear in the mind of the alleged victim. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. Nothing in this Subsection shall apply to: (i) recreational shooting on gun ranges at any public school operated by or with the approval of that school; (ii) recreational shooting on gun ranges at any public park operated by or with the approval of the owner of the park; (iii) shooting of a starting pistol at an athletic event on any public school grounds or public park and which is conducted with the approval granted by the owner of that school or park property; or (iv) lands within a national or state park or forest, or wildlife management area. 2 0 obj Jf/d}&i{jFx(D^R^9zn|8+;d_rt>~z^S_){cP}Gub0:(,~PO:)}:giC3S_c!^O+JJrdOMw0MJ n- dSR Click below to generate an email in your email client. Unfortunately, the client was not released on bond after being charged. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Virginia, Title 18.2 - Crimes and Offenses Generally. Zequez Deaairo Jones challenges his conviction for reckless handling of a firearm. Call us to inquire about eligibilityfor a free consultation. Written by an award-winning criminal defense attorney specializing in state and federal criminal law in the state and federal courts of Northern Virginia and Washington DC. Hunting while intoxicated is punished the same as driving while intoxicated. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. Additionally, these violations may carry a loss or suspension of hunting license privileges altogether or for a period of a few years, and repayment to the government for a replacement for an animal killed. Under Virginia law, when a person commits brandishing as defined by Va Code 18.2-282, while at the time assembled with one or more persons for the purpose of and with the intent to intimidate any person or group of persons, the penalty for the brandishing act is escalated to a class 5 felony. You're all set! The time was about 9:30 p.m., and it was dark outside. However, if firearms are in use on only a portion of any Parcel of Land which meets the acreage and other requirements of the term Parcel of Land, as defined by Section 6-1-1, then only that portion of that Parcel of Land on which firearms are used shall be posted with signs. Such signs shall be placed where they can reasonably be seen. read 18.2-56.1 on the official Code of Virginia website. D. Nothing in this section shall be construed to prohibit the use of firearms or other instruments ormissiles or compound bows, crossbows, longbows, or recurve bows in lawful self defense or in the lawful defense ofproperty, or to prohibit the use of firearms or other missiles or compound bows, crossbows, longbows, or recurvebows in supervised sport, recreation, or training conducted on safety-inspected and approved ranges and courses,provided the same is not contrary to existing law. He moved to strike the evidence. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Written by an award-winning criminal defense attorney specializing in state and federal criminal law in the state and federal courts of Northern Virginia and Washington DC. 18.2-56.1 Reckless handling of firearms; reckless handling while hunting A. A related Larceny charge was AMENDED to Unlawful Entry, and the amended misdemeanor charge will be DISMISSED after a class [], ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor charge for Brandishing a firearm, a concealed carry handgun, during an argument (VA code 18.2-282) was AMENDED and REDUCED to Trespass, with a penalty of credit for time served on the original arrest and relinquishing the weapon to the government. Zequez Deaairo JONES v. COMMONWEALTH of Virginia. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the. Even a stationary object can be a deadly weapon if the victim is impelled into or against it. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. Vienna Sec. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. A violation of this Subsection shall be punishable as a Class 3 misdemeanor. Reckless handling of firearms; reckless handling while hunting. PDF Capital Area Immigrants' Rights (Cair) Coalition Immigration 1 0 obj In contrast to bench trials, it is permissible for juries to reach inconsistent verdicts. Ludwig v. Commonwealth, 52 Va.App. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Reckless handling of firearms; reckless handling while hunting. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. (f) It shall be unlawful for any person to discharge any firearm from or across any highway, sidewalk or any public land except on a properly constructed target range. It shall be unlawful for any person who is hunting with a loaded firearm to traverse any public school ground or public park or to be within 100 yards from any such school ground or park. stream B. ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 for an accidental discharge in an apartment building was DISMISSED. Lee was standing about twenty meters from appellant. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such person's hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. A1. Any person violatingthis section shall be guilty of a Class 1 misdemeanor. A. VA Code 18.2-56.1 (2016) What's This? accuracyread 18.2-56.1 on the official Code of Virginia website. Have you or someone you know been charged with Reckless Handling of a Firearm in violation of18.2-56.1 in Virginia? Reckless handling of firearms; reckless handling while hunting. Client was able to keep his concealed carry permit. Reckless handling of firearms; reckless handling while hunting. When interpreting statutes, courts ascertain and give effect to the intention of the legislature. That intent is usually self-evident from the words used in the statute. It [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Not Guilty plea to a Class 1 Misdemeanor charge for Carrying a Weapon into the DCA Ronald Reagan Airport under VA Code 18.2-287.01 (a concealed carry permitted firearm that was forgotten in luggage) resulted in a fine and surrender of weapon, no [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor charge for Carrying a Concealed Weapon While Intoxicated under VA Code 18.2-308, and a related Drunk in Public Charge (Va Law 18.2-388, Arlington Code 17-7) were both DROPPED for insufficient evidence. Code 18.256.1(A) simply requires that the firearm be handled in a reckless manner so as to endanger the life, limb or property of any person.. You have the right to remain silent, and you should not talk to the police without the advice and presence of your lawyer. Forfeiture of weapons that are concealed, possessed, transported or carried in violation of law. Va Code 18.2-285 criminalizes hunting with firearms while under influence of an intoxicant or narcotic drug. Va Law 18.2-282. Discharge of firearms. Fairfax County: 6-1-2. The client was charged with Threat to Bomb or Burn(18.2-83) and Profane Language over the Telephone (18.2-427). If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such person's hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. So there are three different offenses in the Reckless Handling of a Firearm statute: The commonwealth has the burden to prove you actually handled the firearm recklessly. One way for them to prove this will be to use statements that you make to the police. 22 of the 2022 First Special Legislative Session . 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. Virginia law makes reckless handling of firearms a class 1 misdemeanor. Felony; drive-by shooting. ), An assault is any attempt or offer with force or violence to do a corporeal hurt to another, whether from malice or wantonness, as by striking at him in a threatening or insulting manner, or with such other circumstances as denote at the time an intention, coupled with a present ability, of actual violence against his person, as by pointing a weapon at him when he is within reach of it.. The clients family was able to contact one , Tony Quitiquit of Jurach, Tacey & Quitiquit was able to have a previous clients gun rights restored in Hanover County. Lee recognized appellant because he was one of the store's regular customers. LEXIS 800 (Va.Ct.App. There are many other purchasing offenses listed below in the selected Virginia code sections. 10-45. This website does not constitute legal advice. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. A. The term ammunition means cartridge, pellet, ball, missile or projectile adapted for use in a firearm. City of Fairfax: Sec. Accordingly, an object is a firearm for purposes of Code 18.2308.2 if it is an instrument which was designed, made, and intended to expel a projectile by means of an explosion. Id. NRA-ILA | Misconceptions About So-called "Safe Storage" Laws A. Charlottesville, VA Reckless Handling of a Firearm Attorney | Bryan J up-to-date and accurate, no guarantee is made as to its accuracy. . 38, 730. VA LAW 18.2-56.1. Arlington, VA Criminal Defense Attorney Case Result: Class 1 Misdemeanor charge for Brandishing a Firearmduring an argument, underVa Law 18.2-282, is scheduled to be DISMISSED conditioned on 12 months of no new violations of law and on the destruction of the firearm used during the altercation. C. The court shall revoke the permit of any individual for whom it would be unlawful to purchase, possess, or transport a firearm under 18.2-308.1:2 or 18.2-308.1:3, and shall promptly notify the State Police and the person whose permit was revoked of the revocation. % Click to review Virginia's new gun control laws. In 2009, the Supreme Court of Virginia decided in the case of Thompson v. Commonwealth that it is insufficient as a matter of law to establish beyond a reasonable doubt that the butterfly knife at issue is of like kind to a dirk or any other weapon enumerated in Code 18.2-308(A). (7) Discharge of any firearm or starting pistol loaded with a blank cartridge, or other ammunition, not resulting in the expulsion of a projectile or projectiles. When the seizing agency ceases to so use the weapon, it shall be disposed of as otherwise provided in this section. A. A. Arlington County: 17-5. Armstrong also held that, with respect to Code 18.2308.2, [i]t is not necessary that the Commonwealth prove the instrument was operable, capable of being fired, or had the actual capacity to do serious harm. 263 Va. at 584, 562 S.E.2d at 145. Reckless Handling of Firearm Charge DROPPED - MEDVIN LAW FIRM C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Wildlife Resources (i) such person's revoked hunting or trapping license or notice that such person's privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. Virginia Code 18.2-56.1: Reckless handling of firearms; reckless He was 26 years old on the day of the booking. Email is the fastest way to reach us. Any firearm, stun weapon as defined by 18.2-308.1, or any weapon concealed, possessed, transported or carried in violation of 18.2-283.1, 18.2-287.01, 18.2-287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.7, or 18.2-308.8 shall be forfeited to the Commonwealth and disposed of as provided in 19.2-386.29. A Butterfly knife is not a weapon of like kind enumerated in the code. (c) It shall be unlawful for any person to shoot or hunt with a firearm on any public school ground or any public park or on any area within 100 yards of any public school ground or public park. This law does not distinguish between firearm owners and non-owners who recklessly left the firearms accessible to children. 18.2-308.013. This Subsection shall not prohibit either (i) the lawful possession of a firearm when such firearm is carried for purposes of personal safety or (ii) the lawful possession of a firearm on a public highway within 100 yards of any public school ground or public park. Any person violating this section shall be guilty of a Class 1 misdemeanor. Age: 26. 444, 579; 2020, c. 958. Weapons; carrying concealed prohibited. A Virginia court has ruled that a deadly weapon may not be brandished solely in defense of personal property. He did not see a gun fire. 561, 570, 760 S.E.2d 132, 136 (2014).3. A. A1. A violation of this law is a class 1 misdemeanor offense. Reckless handling of firearms; reckless handling while hunting Brandishing is a type of assault by showing of a firearm. 13-2-3 Discharge of firearms. of a firearm), Va. Code 18.2-311.1 (1975) (prohibiting the alteration or removal of serial codes on firearms). Height: 510. Call us to see if you are eligible for a free phone consultation with a criminal defense attorney. (e) Except for those persons who are on a Parcel of Land that is exempted in Appendix J and who hunt with shotguns loaded with multiple ball shot, it shall be unlawful for any person to hunt with a firearm which has a barrel caliber larger than a nominal 0.224 inches or to hunt with a firearm and ammunition combination having a muzzle energy greater than a .22 caliber rimfire cartridge. If you have been charged with Reckless Handling of a firearm in violation18.2-56.1 of contact one of the lawyers atJurach, Tacey & Quitiquit. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. In addition to standard criminal penalties, upon conviction of a hunting, fishing, or trapping offense, a judge may also prohibit the accused from hunting, fishing, or trapping for a period of one to five years. The court granted the motion with regard to Code 18.2308.2 but denied it for the charge under Code 18.256.1(A), and convicted appellant .1. Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses, Criminal Defense Lawyer for Firearms Offenses, Criminal Defense Lawyer in Arlington Virginia, Reckless Handling of a Firearm in Virginia, Felony Grand Larceny Charges in Fairfax County DROPPED at Preliminary Hearing. [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN THE ALEXANDRIA VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Misdemeanor Charge under 32 CFR 234.10 for Possession of a Weapon (Pistol / Firearm) on the Pentagon Reservation was DISMISSED at the first hearing. Upon receipt by the Central Criminal Records Exchange of a record of the arrest, conviction, or occurrence of any other event that would disqualify a person from obtaining a concealed handgun permit under 18.2-308.09, the Central Criminal Records Exchange shall notify the court having issued the permit of such disqualifying arrest, conviction, or other event. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein. WALTER LEE BROWDER - Recently Booked A1. Virginia Firearm Lawyer's Explanation of Reckless Handling, Reckless The weapons covered by the law are handguns, switchblade knives and some fixed blade knives, razors, slingshots, brass knuckles, spring sticks, throwing stars, ballistic knives, machetes, blackjacks, and nunchucks or fighting chains. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of . Eye Color: GREEN. B. Dec. 31, 1996). A. Client walked out [], Virginia Concealed Carry Permit Restrictions Virginia concealed carry law precludes the grant of concealed carry permits to individuals who have been found guilty / convicted of certain criminal offenses and even with those who have certain pending (not yet finalized) criminal charges. Shooter pleaded guilty to that charge. However, upon petition to the court and notice to the attorney for the Commonwealth, the court, upon good cause shown, shall return any such weapon to its lawful owner after conclusion of all relevant proceedings if such owner (i) did not know and had no reason to know of the conduct giving rise to the forfeiture and (ii) is not otherwise prohibited by law from possessing the weapon. Virginia may have more current or accurate information. Contact us. Suspension or revocation of permit. As an appellate court, [w]e may not substitute our judgment for that of the trier of fact, nor may we reweigh the evidence, because we have no authority to preside de novo over a second trial. Ervin v. Commonwealth, 57 Va.App. Any person violating this section shall be guilty of a Class 1 misdemeanor. Lee testified that appellant had a handgun. It shall be unlawful for any person in the Town to willfully fire or discharge any gun, pistol or other firearms except in a shooting gallery constructed and operated in accordance with the design criteria and specifications of the National Rifle Association as set forth in the NRA Range Source Book, and further, except where such firing or discharging is done with the written permission of the Town Manager and under the supervision of properly authorized Town personnel. JONES v. COMMONWEALTH | FindLaw Thus, the courts were left to interpret whether a butterfly knife is a weapon that cannot be concealed under the code section as the ones described above. You're all set! Many Virginia gun owners do not hold a concealed carry permit because they feel telling the government they own a gun it is a violation of their privacy, and they do not wish to be added to a government-held list of firearm owners. He said he had heard gunshots before, and he knew that these were real gunshots. regarding sale of property forfeited to the Commonwealth. Excluded from the 30-day limitation: (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.
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