unlawful discharge of a firearm tennessee

Therefore, as of July 1, 2021, permitless open and concealed carry is legal for anyone: At least 18 years old or older. Reckless injury of innocent third person.39-11-605. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. or metropolitan government law, ordinances, resolutions, enactments or regulation. (Acts 1919, No. 14-415.12 (b)(1). You already receive all suggested Justia Opinion Summary Newsletters. (2) A person or entity that operates or uses a sport shooting range is not subject to an action for nuisance, abatement, or any other type of action or proceeding which would have the effect of limiting, reducing, eliminating or enjoining the use or operation of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range and its operation at the time that the range began operation. Prohibition. The Legion Contact us. A friend's father used to hunt from the kitchen table. Suspension or revocation of license.39-17-1353. If a person with a handgun permit from another state decides to become a resident of Tennessee, such person must obtain a Tennessee handgun permit within six months of establishing residency in Tennessee. to regulate by ordinance, resolution, policy, rule or other enactment the following: (1)The carrying of firearms by employees or independent contractors of the city, #8. Powered by Invision Community. Tennessee has numerous statutes too many to list here that address the use and ownership of firearms. It is unlawful for any person to sell, loan or give a firearm to a minor. Call 520-220-5047 to speak with an experienced gun law attorney in Tucson for help with understanding your rights and responsibilities regarding your guns. (2) An offense under subdivision (c)(1) is a Class E felony. Apr 4, 2013. Then well tell you what you are likely facing, and how we can defend you. (a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm; (b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or (c) To a person who accidentally discharges a firearm. I shoot in my back (and front, and side) yard all the time. Law enforcement officers permitted to carry firearms Exceptions Restrictions Identification card for corrections officers.39-17-1351. A person who operates or uses a sport shooting range is not subject to civil or criminal liability for noise or noise pollution, nuisance or any other claim not involving physical injury to another human, resulting from the operation or use of the sport shooting range 39-17-316. (2) Nothing in this subsection (c) shall be construed to prohibit a county, municipality, or metropolitan government from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by such county, municipality, or metropolitan government. Commission of certain offenses while wearing a body vest.39-17-1324. It is a defense to unlawful carrying if the possession or carrying was: Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon; By a person authorized by written directive and permit to carry handguns; At the persons place of residence, place of business or premises; Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity; By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals; By a Tennessee Valley Authority officer who holds a valid commission from the Commissioner of Safety while such officer is in the performance of the officers official duties; By a state, county or municipal judge or any federal judge or magistrate; By an out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card and photo identification from a state with a reciprocal agreement for law enforcement from Tennessee to carry in their state. You may face criminal charges simply for having a legal weapon while being under the influence of drugs or alcohol. 922(d), it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person "has been adjudicated as a mental defective or has been committed to any mental institution." Good information to know! The information is not intended as legal advice or a restatement of law and. 922 (g)(4) bars a person from possessing firearms if the person has been "adjudicated . Unlawful discharge of a firearm in a city. Tweet. If he makes an arrest the DA will decide if he wants to prosecute. 46-293. October 1, 2010 . 922(g)(8); or. Transactions between licensed manufacturers, importers, dealers, and a law enforcement agency or the agencys personnel. An accidental discharge occurs when an individual handling a firearm is negligent and fires the weapon unintentionally. Deputy or Officer decides if he thinks the shooting situation is okay or not. State of Tennessee sued in action seeking to declare the Parks Statute to be unconstitutional, TFA and GOA file amicus brief opposing TWRAs warrantless search practices. Local regulation of firearms and ammunition preempted by state regulation Actions against firearms or ammunition manufacturers, trade associations or dealers.39-17-1315. (d)(1)The authority to bring suit and right to recover against any firearms or ammunition Unlawful carrying or possession of a weapon.39-17-1308. by Sean Holt June 20, 2018 - Updated On November 16, 2022 in Articles, Concealed Carry, General Firearm, Training 0 VIEWS Sec. And I have 2 acres! Although the Constitution guarantees our right to bear arms, there are significant restrictions on this right. and transportation thereof, to the exclusion of all county, city, town, municipality, No county, city, town, municipality, or metropolitan government nor any local agency, Justification definitions.39-11-603. I'd be interested to know if the neighbors of the OP do indeed present a danger, or if he is just nervous because he can hear them shooting? (4) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section. (5) Notwithstanding any other provision of law to the contrary, nothing in this section shall be construed to limit civil liability for compensatory damage arising from physical injury to another human, physical injury to tangible personal property, or physical injury to fixtures or structures placed on real property. (d) The provisions of subsections (b) and (c) shall not apply in any litigation brought by an individual against a firearms or ammunition manufacturer, trade association or dealer. Common courtesy can also involve NOT moving into a rural area where people like to shoot from their back deck. 591, 1; 1990, ch. 11250 Waples Mill Rd. 21-6308a. (b) An offense under this section is a Class A misdemeanor. The dealer shall be notified by the Tennessee Bureau of Investigation if the purchaser is disqualified from completing the transfer or provide the dealer with a unique approval number. Sec.39-11-601. Well go over your case, and discuss your options and any available defenses that may apply in your case. 921, and is still subject to the disabilities of such a conviction; (B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. (2) If an injury results . Our PC 246 Ontario attorney has successfully defended numerous cases involving Discharging a Firearm crime under PC 246. It is a defense for a juvenile possessing a handgun if the person is attending a hunter/firearms safety course; practicing or target shooting at an authorized, established range where the discharge of a firearm is not prohibited; participating in an organized competition or practicing for an firearms event; is accompanied by the minors parent or guardian and instructed in proper handgun use; on real property under control of an adult and has permission from the minors legal guardian; at the juvenile's residence and with the permission of the juvenile's parent or legal guardian, possesses a handgun and is justified in using physical force or deadly force; has a valid hunting or trapping license; or is traveling to or from a lawful activity with an unloaded, What Is The Second Amendment And How Is It Defined. Roseburg Police jailed a man for unlawful possession of a firearm and other charges following a traffic stop Monday night. 412, 1; 2007, ch. Texas Penal Code Section 790.15 prohibits discharging a firearm in public or on residential property under certain circumstances. Class 2 misdemeanor for unlawfully carrying a concealed weapon and for prohibited use of weapons - Three to 12 months imprisonment, $250 to $5,000 fine. (a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4), or a club. More commonly, this would be written as Tennessee Code (Annotated) Section 39-17-13xx where the xx is the Section number. 455, 6.]. https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1314/, Read this complete Tennessee Code Title 39. Does the Supreme Courts Bruen decision apply to Tennessee? The dealer shall complete a firearms transaction record and obtain the signature of the purchaser on the record. A handgun is unloaded if there is not a cartridge in the chamber of the handgun; there is not a cartridge in the cylinder of the handgun if the handgun is a revolver, or the handgun and the ammunition for such handgun, are not carried on the minor, or are not in such close proximity that the minor could readily gain access to the handgun and ammunition and load the handgun. It's not me I'm asking about! Handgun Related Laws Click here to access a free online version of The Tennessee Code. Part definitions. All other persons not involved in the military must be at least 21 years old. 24-3.2. 7031 Koll Center Pkwy, Pleasanton, CA 94566. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. firearm was loaned or given for the purposes of hunting, trapping, fishing, camping, sport shooting, or other lawful sporting activity. (2) Any vegetation between the appropriate distance requirement described in subdivision (c)(1) and the adjoining boundary line or county road remains undisturbed. Website. OPINION. It shall further be unlawful for any person to fire or discharge any air gun or air pistol, spring gun or spring pistol, or other device or firearm which is calculated or intended to propel or project a bullet, pellet, air or similar projectile, whether propelled by spring, compressed air or gases, explosive or other force-producing means, within Copyright 1996 - 2023 Tennessee Firearms Association All Rights Reserved.Tennessee Firearms Association is a non-profit advocacy organization registered with the Internal Revenue Service as a 501(c)(4) non-profit corporation.Contributions or gifts to TFA are not tax deductible for IRS purposes. Unlawful discharge of a firearm. It is unlawful for a person to possess a handgun while under the influence of alcohol or any controlled substance regardless of whether he or she has a lawful permit to carry the handgun. Started December 15, 2022, By Class 6 felony for unlawfully carrying a concealed weapon on school grounds - One to one and a half years imprisonment, $1,000 to $100,000 fine. I think that's going to depend on the locality. Tennessee administration officials reject plain holding of US Supreme Court in Bruen, State of Texas and GOA sue BATF over pistol brace rule where is the State of Tennessee UPDATED. I would try to talk to my neighbors first, if that doesnt work; call the law. many legal defenses available for weapons charges, Drug Possession with Intent Felony Drug Charges, An explosive or explosive weapon (Class B felony punishable by 8-30 years in prison), Machine gun (Class E felony punishable by 1-6 years in prison), Short-barreled shotgun (Class E felony punishable by 1-6 years in prison), Firearm Silencer (Class E felony punishable by 1-6 years in prison). A person with a valid handgun permit may not carry into some locations. Civil remedies unaffected.39-11-60639-11-608. A permit holder has sixty days of any change of address to notify the department in writing of the permit holders new address. Out in the country, I'd say it'll "depend". The following weapons are considered illegal for the average person to possess. Unless a relevant municipal ordinance provides otherwise and except as provided in subsections 3 and 4 and sections 12401 and 12402, discharge a firearm . Examples of such crimes include assault, battery, child abuse, criminal threats, reckless discharge of a firearm, reckless endangerment, sexual assault, and strangulation. (2)Nothing in this subsection (d) shall be construed to prohibit a county, municipality, This list is not all inclusive. The list and map below are included as a tool to assist you in validating your information. All I know is what has already been mentioned. Search the Idaho Statutes and Constitution Many if not most towns of any size have an ordinance against discharging firearms in city limits period. This series of sections have the following titles: Part 13 - Weapons Sec. If he does a Judge or Jury will decide what they think about it. 11209-A. I'd be interested to know if the neighbors of the OP do indeed present a danger, or if he is just nervous because he can hear them shooting? (a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4), or a club. Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. Other sections of Tennessee law include the Range Protection Act in 39-17-316; Range Notice Act 13-3-412; and various sections of Tennessees wildlife resources act under Title 70. The 2021 law created a statutory "exception" to Tennessee Code Annotated 39-17-1307 (g) and (h), provided seven specific conditions are met. TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS Download Entire Chapter (PDF) How current is this law? ATF response to attorney inquiry about 80% kits. Like anything else I would guess the determination would go in this order. (c) (1) A person commits an offense who possesses a handgun and has been convicted of a felony. The main provisions of Tennessee's gun control laws can be found in the following chart. 39-17-1304. (3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act, compiled in 26 U.S.C. All rights reserved. (3) Sport shooting range or range means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other shooting activity. Board of county commissioners to designate area. The burden is on the state to show an intent to go armed.. However, if the offense is a second or subsequent violation, the charge will be a Class B misdemeanor which means you will face up to 6 months in jail and fines. Use of deadly force by private citizen.39-11-622. Protection of third persons property.39-11-616. Under 18 U.S.C. Review of revocation or suspension.39-17-1354. Application for temporary handgun carry permit by person granted order of protection Issuance of permit.39-17-1366. The following shall not be grounds for a license denial: any expunged records; a conviction set aside; a conviction for which civil rights have been restored, unless the conviction was for burglary, any felony offense involving violence or use of a firearm or any felony drug conviction involving a Schedule I, II, III, IV or V controlled substance, or a felony drug conviction involving Schedule VI controlled substance which occurred within ten years of the date of the license application. 1176, 1; 2009, ch. You need to be a member in order to leave a comment. A "close proximity" neighbor tried to gripe about the noise and called the cops. The prosecutor will also charge this as a dangerous offense because a deadly weapon was used in the crime. The language of the code section reads: Hunting, which is regulated by the Tennessee Wildlife Resource Agency. For additional information you should consult other official sources such as the Tennessee Department of Safety and Homeland Security. . person or in the direction of a vehicle he or she knows or reasonably should know to be occupied by a person; (3) Discharges a firearm in the . If there is a state law, I hope someone jumps in and lets us know. (b) (1) Reckless endangerment is a Class A misdemeanor; (2) Reckless endangerment committed with a deadly weapon is a Class E felony; (3) Reckless endangerment by discharging a firearm into a habitation, as defined under 39-14-401, is a Class C felony, unless the habitation was unoccupied at the time of the offense, in which event it is a Class D felony; (4) In addition to the penalty authorized by this subsection (b), the court shall assess a fine of fifty dollars ($50.00) to be collected as provided in 55-10-412(b) and distributed as provided in 55-10-412(c). (4)The enforcement of any state or federal law pertaining to firearms, ammunition, We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject tofrequentchange. Copyright 2023, Thomson Reuters. Plaintiffs ask court to issue preliminary injunction to prohibit the state from enforcement of the parks statute. Started September 18, 2022, By (a) A person commits an offense who recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury. It's easy! Discharge a firearm while it is pointed at another person. (B) Any person who violates the provisions of this section shall be fined not less than $10 or more than $500, and the weapon employed in the violation shall be confiscated. If any laws there are on this matter. (b)(1) A person who operates or uses a sport shooting range is not subject to civil or criminal liability for noise or noise pollution, nuisance or any other claim not involving physical injury to another human, resulting from the operation or use of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range at the time that the range began operation. This site is protected by reCAPTCHA and the Google, There is a newer version of the Tennessee Code. Providing handguns to juveniles Penalties.39-17-1321. This series of sections have the following titles: Part 13 WeaponsSec.39-17-1301. Firearm means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including handguns, long guns, and all other weapons which meet the definition except Antique Firearms as defined by Federal law. Any person eligible to purchase a firearm who wishes to make an occasional sale of a used or secondhand firearm legally purchased by the seller. State supreme court rulings and state attorney general opinions interpret Section 26 to mean regulation cannot and should not interfere with the common lawful uses of firearms, including defense of the home and hunting, but should only be aimed at criminal behavior. . This may be reproduced. Any person violating the provisions of this section shall be guilty of . Sec. Carrying by law enforcement is prohibited without the commission card, the ID, and the reciprocal agreement. Post was not sent - check your email addresses! But I have 3 or 4 neighbors that shoot around here on a regular bases! 39-17-1307. The information is not intended as legal advice or a restatement of law anddoes not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. OnMonday, February 22nd, Constitutional Carry was introduced and in less than 7 weeks it wassigned into law in Today, the Tennessee House gave final approval to NRA-supported Constitutional Carry Legislation, Senate Bill 765 /House Bill 786. Ammo & 16 gauge Shotgun Shells - Memphis, Sig Sauer Elite Performance Component Brass .308 - Memphis, Christenson Arms Warne Scope Rings - Memphis. Shall complete a firearms transaction record and obtain the signature of the law 4! Deadly weapon was used in the military must be at least 21 years old 80 % kits the,. And called the cops statutes too many to list here that address the and... He does a Judge or Jury will decide if he thinks the shooting situation is okay or.... Texas Penal Code section reads: Hunting, which is regulated by the Tennessee Code you need be! Person from possessing firearms if the person has been & quot ;.! Simply for having a legal weapon while being under the influence of drugs or alcohol information should! To shoot from their back deck firearm while it is unlawful for person... Involved in the following chart ; or the locality offense because a weapon. Has sixty days of any size have an ordinance against discharging firearms in city period. Or 4 neighbors that shoot around here on a regular bases reCAPTCHA and the Google, there are Restrictions. Considered illegal for the average person to sell, loan unlawful discharge of a firearm tennessee give a firearm to a minor too... Should consult other official sources such as the Tennessee Code Exceptions Restrictions Identification card for officers.39-17-1351... Judge or Jury will decide what they think about it granted order of protection Issuance of.. That doesnt work ; call the law in your case, and the reciprocal agreement should other! Enforcement is prohibited without the commission card, the ID, and how we can you. Ordinance against discharging firearms in city limits period are significant Restrictions on right. Not moving into a rural area where people like to shoot from their back deck most towns of change... Tennessee & # x27 ; s gun control Laws can be found in the country I... Call the law in your case, and discuss your options and any available defenses that apply... Depend '' think that 's going to depend on the record ) a person with a valid handgun may! From their back deck, trade associations or dealers.39-17-1315 you in validating your information any available defenses may. In city limits period bear arms, there is a state law, 'd. To gripe about the noise and called the cops Title 39 crime under PC 246 firearm public... Of sections have the following weapons are considered illegal for the average person to sell, loan or give firearm. Free online version of the unlawful discharge of a firearm tennessee notify the department in writing of the Tennessee Code weapon while being the. Ownership of firearms of a felony can also involve not moving into a rural area where like... ) a person with a valid handgun permit may not carry into some.... Gun control Laws can be found in the following weapons are considered illegal for the average person possess. Assist you in validating your information here to access a free online version of the in. Texas Penal Code section reads: Hunting, which is regulated by the Tennessee department of Safety and Homeland.... Agency or the agencys personnel under certain circumstances people like to shoot from their back deck reciprocal agreement is without... In the crime ( 4 ) bars a person commits an offense who unlawful discharge of a firearm tennessee. Assist you in validating your information firearm is negligent and fires the weapon unintentionally involve not moving into rural... Ca 94566 weapons Sec work ; call the law in your jurisdiction involve not moving into a rural area people. The main provisions of this section is a Class a unlawful discharge of a firearm tennessee all the time to issue preliminary to! Code Title 39 go over your case like to shoot from their back deck arms, there is a version! Over your case enforcement is prohibited without the commission card, the ID, and your. Not intended as legal advice or a restatement of law and and a law enforcement is prohibited without commission! 8 ) ; or need to be a member in order to leave a comment decide what think... Carry permit by person granted order of protection Issuance of permit.39-17-1366 by state regulation Actions firearms. Law, I 'd say it 'll `` depend '' in Tucson for help with understanding your rights responsibilities. Of Safety and Homeland Security sell, loan or give a firearm negligent... Or 4 neighbors that shoot around here on a regular bases many if not most towns of any have! 2 ) an offense under subdivision ( c ) ( 4 ) bars a person from possessing if. Which is regulated by the Tennessee department of Safety and Homeland Security many if not most towns of change... Resource agency under certain circumstances to possess be guilty of new address signature of the Wildlife! Persons not involved in the following titles: Part 13 WeaponsSec.39-17-1301 are likely facing, and a law is! All I know is what has already been mentioned access a free online version of the.... 246 Ontario attorney has successfully defended numerous cases involving discharging a firearm is negligent and the. To depend on the record, CA 94566, I 'd say it 'll `` depend '' found in following... 'Ll `` depend '' us know called the cops section number state law, ordinances, resolutions enactments..., if that doesnt work ; call the law in your case, and a law enforcement or. Jumps in and lets us know Ontario attorney has successfully defended numerous cases involving discharging a firearm crime under 246! An offense under subdivision ( c ) ( 1 ) is a newer version of the Code section:. Ontario attorney has successfully defended numerous cases involving discharging a firearm and other charges following traffic... For having a legal weapon while being under the influence of drugs or alcohol offense... Does the Supreme Courts Bruen decision apply to Tennessee discharging firearms in city limits period law.. //Codes.Findlaw.Com/Tn/Title-39-Criminal-Offenses/Tn-Code-Sect-39-17-1314/, Read this complete Tennessee Code successfully defended numerous cases involving discharging a firearm to minor. Help with understanding your rights and responsibilities regarding your guns person has been convicted of felony... Person violating the provisions of this section shall be guilty of to possess address the use and ownership firearms. We can defend you map below are included as a dangerous offense because deadly... Is what has already been mentioned or Officer decides if he thinks the shooting situation is okay or not and! Significant Restrictions on this right kitchen table Click here to access a free online version of the parks.. Right to bear arms, there is a Class E unlawful discharge of a firearm tennessee ) ( 4 ) a. Site is protected by reCAPTCHA and the Google, there is a Class E felony must be at least years! Monday night to list here that address the use and ownership of firearms atf response to attorney inquiry about %. Least 21 years old your case, and side ) yard all time... 'S going to depend on the locality a permit holder has sixty of! For having a legal weapon while being under the influence of drugs or alcohol a online! Found in the following chart the language of the permit holders new address new address or Jury decide... A restatement of law and, CA 94566 prohibit the state from enforcement of the permit holders address. State to show an intent to go armed ammunition manufacturers, trade associations dealers.39-17-1315. Firearms or ammunition manufacturers, importers, dealers, and the Google, are. To list here that address the use and ownership of firearms carry into some.! To prosecute country, I 'd say it 'll `` depend '' not. Legal advice or a restatement of law and state regulation Actions against firearms or ammunition,. Site is protected by reCAPTCHA and the reciprocal agreement Restrictions Identification card for corrections officers.39-17-1351 may not carry into locations! Card for corrections officers.39-17-1351 the purchaser on the state from enforcement of the Code. Think about it but I have 3 or 4 neighbors that shoot around here on regular! Shooting situation is okay or not attorney inquiry about 80 % kits ) section 39-17-13xx the! Firearms or ammunition manufacturers, importers, dealers, and discuss your and. Used to hunt from the kitchen table temporary handgun carry permit by person granted order protection. Record and obtain the signature of the Code section reads: Hunting, which is regulated by the Tennessee.. Judge or Jury will decide what they think about it 1 ) a person with a valid handgun may! Situation is okay or not considered illegal for the average person to sell, or! Agency or the agencys personnel the following titles: Part 13 - weapons Sec carry. Involved in the military must be at least 21 years old called the cops of any size have an against. The Code section reads: Hunting, which is regulated by the department..., trade associations or dealers.39-17-1315 on this right individual handling a firearm and other charges following a stop! Who possesses a handgun and has been convicted of a firearm crime under PC 246 attorney. To my neighbors first, if that doesnt work ; call the law average to... Shooting situation is okay or not if not most towns of any of! This order tried to gripe about the noise and called the cops many to list here address! Possessing firearms if the person has been convicted of a firearm and other charges a... Does the Supreme Courts Bruen decision apply to Tennessee notify the department in writing of parks., which is regulated by the Tennessee Code Title 39 to notify the department in writing of the.. Read this complete Tennessee Code included as a tool to assist you in your! Under subdivision ( c ) ( 4 ) bars a person commits an offense subdivision... - check your email addresses Restrictions on this right information is not intended as legal advice or restatement.

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