what happens if someone gets caught with your gun

Click here. If a person is killed as a result of your drinking and driving, there is no penalty too severe for your crime, not even death itself. For example, in Kansas it is a class A nonperson misdemeanor to "knowingly sell, give, or otherwise transfer any firearm" to a convicted felon. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. Finally, if you need assistance with an appeal, would like to request an alternative sentencing option, or simply have questions about controlled substance charges and your case, your lawyer will be able to perform all of these legal tasks on your behalf as well. Bloomington and Normal police said they havent arrested anyone in recent years for failing to report a missing gun. In addition, many ghost guns are constructed with materials that go undetected by metal detectors. Eugene works in a busy employment agency in Chicago and has nearly 20 years of experience in finding clients the perfect job. What happens if you get caught carrying a gun without a permit in Maryland? As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. He lives with his wife Lisa and their two German Shepherds, Wilber and Gus. The unregistered gun laws are being enforced in many places, so its a good idea to check if youre near one. Save my name, email, and website in this browser for the next time I comment. Jared Christian Winter (Unclaimed Profile). We've helped more than 6 million clients find the right lawyer for free. Law, Government Disabled people aren't exempt from going to prison. The following requirements must be met in order to apply for your FOID: You must have your FOID card on you while you carry a weapon in Illinois. But he also respects their power and what those guns can do if they fall into the wrong hands. A qualified criminal defense attorney will be able to inform you of the consequences you may be facing, can find out whether there are any defenses you can raise against such charges, and can discuss the best way to proceed with your case. Hes also shot more than his fair share of tin cans for target practice. One way is if the gun is found during a search of the person's property. Therefore, it is advisable to always do your research on your state. Can A Convicted Felon Get Back His Right To Own A Firearm? With a prior conviction, law enforcement and the criminal justice system keep a close eye on you. your case, How to Prepare for a Drug Crimes Consultation with Your Lawyer, Unlawful Manufacturing of a Controlled Substance, State-by-State Laws for the Illegal Use of Marijuana, State and Federal Law for the Illegal Possession of Marijuana, Medical Marijuana Dispensaries in Los Angeles, Primary Caregivers and Medical Marijuana Law in California: Marijuana Caregiver Definition, License, and Laws. Nearly one in five McLean County residents now has a FOID card, according to Illinois State Police data, a figure that has mopre than quadrupled since 2010, rising to 34,388 last year, ISP data show. If youve been accused of possessing a firearm as a felon even constructive possession we may be able to help you. When the McLean County chapter of Moms Demand Action for Gun Sense was looking for a law-abiding gun owner to speak to their members, Cashen was the perfect choice. This also depends on the state laws and the federal laws. Theres no law requiring someone to lock up their guns at home or in their car, with one exception in Illinoisif kids under age 14 are nearby. The man with 80 guns is one of many troubling stories that emerged in 300-plus pages of police reports reviewed by GLT, documenting stolen and lost guns in McLean County, in central Illinois. There will be a parole violation filed, along with the new charges. It matters whether it was violent or just a white-collar conviction. Driving the news: A woman recently fired a handgun at Love Field, initiating a brief standoff outside security checkpoints, according to police. The crime of illegal possession of a firearm in Wisconsin is not limited to individuals who are convicted of a felony offense. Cashen, a behavioral health professional, said there are many ways to lock up a gun at home while still having it available for self-defense. There are two ways to circumvent this law, and they both involve getting a fake gun. More elsewhere. If Darrail wasn't prosecuted for possession of a stolen gun, it's highly unlikely that a legitimate purchaser who can explain how he legally purchased a firearm that turned out to be stolen, would be prosecuted. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. a convicted felon has the right to appoint a lawyer for defending himself. an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising Not only are ghost guns not illegal under state law; Governor Doug Ducey recently took steps to protect citizens right to bear arms, including homemade or ghost guns. For example, if the police are investigating a crime and they search the person's house, and they find a ghost gun, the person can be charged with possession of an unlicensed firearm. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. Nationally, more than 238,000 guns were stolen in 2016, including 4,745 in Illinois,according to government data obtained by The Trace. of this site is subject to additional Possession for sale with a gun could send you to prison. While not exactly a defense, these options can serve to reduce the severity of the punishment. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Someone would basically have to confess to definitively knowing a gun was missing for more than three days. He knew it was missing for a few weeks before police notified him it was recovered. Law, Immigration Copyright 2023 Eco Canna Biz. Legal gun owners rarely face repercussions when guns go missing, even when they brush up against what few laws do exist. If you attempt to bring a ghost gun on a property that prohibits firearms, this could also lead to your arrest. Another way to avoid getting caught with a ghost gun is to build the gun yourself. Ghost guns have become more of an issue in recent years. You also have to listen to everything your attorney says. Law, Employment The cops will scan it to see who's fingerprints are on it and they will find yours and you will also be blamed for letting the person get the gun but what if you didn't give it to him? The thefts come as gun ownership in McLean County is on the rise. Dallas Love Field TSA officers found 112 guns in 2021, breaking the 2019 record of 102, per the. She is bilingual in Spanish. Ghost guns can be seen as a problem because they can be used by criminals and people who are not allowed to own firearms. In addition, your lawyer will be able to ensure that your rights as a criminal defendant are protected by providing legal representation in criminal court and/or at any other legal proceedings associated with your case like motion hearings, appeals, or negotiations for a plea deal. In some cases where the past conviction of the person got expunged, this right could be restored. The sentence could be divided into five years of initial confinement and five years supervision, and a $25,000 fine. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. The Client Review Rating score is determined through the aggregation of validated responses. I feel as a responsible citizen and a healthcare professional, that there are ways to have both, he said. 3. What will happen if someone is on parole and gets caught with a gun and crack cocaine? But some gun owners believe thats an unsatisfactory approach. Table 1 lists these states and describes the general criminal penalties for failure to comply with these requirements. Some examples of a controlled substance include heroin, cocaine, PCP, and methamphetamine. You may be transporting a firearm home from purchasing it, or heading out to go hunting. You cannot get arrested simply for having a ghost gun, however, if you are an adult (at least 18 years old) and allowed to own a firearm by law in Arizona. Gun owners are not held responsible for the stolen guns. Possessing a gun for a harmless reason doesnt cause harsh punishment. A conviction for this crime can send someone to prison in Illinois for decades. He/she would then be in a better position to analyze your case and advise you of your options. The games developers have been very upfront about this, and even included a warning in the trailer. However, the rules are again region-specific. Carrying a ghost gun can be a very serious offense. Where you put your finger on the trigger is usually overlooked when it, If you are looking to buy a Staccato XC, it would be wise to first research about it. Thats why if you or someone you love is facing these significant charges, you not only need an experienced attorney, but you also need to know what these charges mean. She holds a Bachelor of Arts in politics from the University of Nottingham. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? 2. Getting caught with a ghost gun under the wrong circumstances, however, can still lead to legal trouble. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. A defendant may also face felony gun and drugs charges if they were arrested for possession of a controlled substance while armed and are considered to be a repeat offender. Thus, if you have been arrested and are currently facing charges for a controlled substance offense, then it may be in your best interest to consult a local drug lawyer for further legal advice. Zoom out: Nationwide, TSA employees detected 5,972 firearms at airport security checkpoints in 2021, more than 16 a day, per TSA figures. You might feel like it is time to buy a gun, or, if youre a current gun owner, to carry it with you more often. listings on the site are paid attorney advertisements. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. The problem is, if you have an unregistered gun, then your chances of being caught with it are just as good as if it was registered. Even if they are not, you can still try to get a license but make sure you have the proper documentation to prove it. In fact, the biggest reason people dont bother is simply because they dont think theyll be caught. To purchase or possess a gun, you must have a valid Firearm Owners Identification Card (FOID.) A first conviction for any amount of cocaine possession carries a minimum $1,000 fine and up to a year in jail, while a second conviction is punishable by a minimum $2,500 fine and two years in jail. Monetary criminal fines of up to a maximum of $250,000. 5 The place and way of discovery of the firearm are also taken into consideration. When a person gets convicted of a felony, they face some sort of restrictions in several aspects of life. Working with an attorney who has the education, experience and training in firearm criminal defense law can make a difficult time easier for you and your family and protect your future. He has pleaded not guilty. Your attorney can analyze your legal options to best approach the restoration of your gun rights. Although Arizona currently does not have any laws prohibiting the ownership of ghost guns, it is still possible to get arrested for owning or carrying one, under certain circumstances. It also matters how long ago your first conviction was. Restrictions Faced by Illinois Sex Offenders, Charged with a Common IL Property Crime? Support local journalism by becoming a member. Darrail remains at large. Meetings by appointment only | 1-414-383-6700 |. 1 In some states, the laws are pretty flexible. 6 No matter whether the arrest was warrantless or not. If the convicted felon was already on probation or parole while getting arrested, then the probation is most likely to get canceled. If the person in question has been previously convicted of committing, soliciting, conspiring, or attempting to commit a felony, and convicted of possession of a firearm by a felon within five years after completing his or her sentence including probation, parole, or extended supervision for previous felony or violent misdemeanor then the mandatory sentence is three years of initial confinement. Having this information can keep you out of big trouble in a highly tense time. 3 Depending on the kind of penalty, the person may face a prison sentence of two to three years. Property Law, Personal Injury If you are caught unlawfully using a firearm, you will face more severe consequences and charges. I strongly suggest that you contact an experienced criminal . You will questioned regarding why, how and what you are doing with a gun. Services Law, Real He cautioned against attributing too much of the local increase in gun violence to stolen weapons. The laws adopted by the state in which the defendant was convicted. This is because, as convicted felons, they will already have a stigma attached to them. What To Do. In most instances, possession while armed will be charged as a felony offense. Besides the new charges of possessing a gun as a felon and the crack cocaine charge, you will also have a parole violation which can send you back to prison for the duration of your original sentence. Your lawyer will also be able to conduct legal research on whether there are any defenses you can raise against your controlled substance charges. This way, you will have a paper trail that shows you bought the gun legally. FirearmsToGo.com is a participant in the Amazon Services LLC Associates Program, So on June 20, 2018, they went to collect his guns. He passed House Bill 2111 in April 2021 to make Arizona a Second Amendment sanctuary. This bill prevents the enforcement of federal gun control laws that are inconsistent with Arizonas state laws. Simple Guidance For You In Commercial Grow License Michigan. Some states have stricter laws against a convicted felon possessing a gun or firearm. Some others have less strict laws. What Happens to a Felon Caught With a Gun in Wisconsin? Tedia Gamino is a lawyer in Milwaukee, WI. LegalMatch, Market In other words, a person with an unregistered gun is as bad as a person with an unregistered gun. All rights reserved. Andrew M. Weisbergis a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. As long as you have the proper paperwork, the most you will get is a couple months in jail. Skokie, IL 60077. The same is true if you attempt to sell a ghost gun as an unlicensed firearm vendor. An experienced attorney can help you understand the charges you are facing and what your options are. 1The convicted person can be arrested if they are found possessing a gun or any firearm. His parole will be violated and he will be returned to prison. Pearson, with the Illinois State Rifle Association (ISRA), said theres a simpler reason why no one ever gets charged with this offense: Gun owners follow the law. All rights reserved. The reports chip away at a common argument against gun controlthat criminals are solely to blame, and that law-abiding gun owners are responsible. Suite 210 For example, if the police are investigating a crime and they search the person's house, and they find a ghost gun, the person can be charged with possession of an unlicensed firearm. Posted on December 15, 2021 in Firearms Crimes. Law, Products Her articles have appeared in "Impact Magazine," "The Mic" and in local newspapers. That depends on the state or the federal system. Second violations will be charged as a class A misdemeanor, and your permit may be suspended for up to six months. If you are caught possessing a weapon without a FOID card and you do not qualify for the card, you will be charged with a class 3 felony. This is a pretty common method for people to get caught with an unregistered gun, but its one that can be avoided altogether with a little detective work. The suspect in that case, Chris Harrison, was friends with the 80-year-olds grandson and possibly got the gun from the massive collection. It is required by law that offenders who kill someone while they are intoxicated behind the wheel serve at least 15 years up to 30 years in prison, depending on their record and whether they served time in prison. This field is for validation purposes and should be left unchanged. If you dont have a valid license, you will most likely spend a few days in jail. However, if you get into an altercation and discharge your weapon, Florida's "Stand Your Ground" and use of force laws may grant you immunity. If you are caught with a gun, you will probably go to jail, be locked up in a mental hospital, or even killed. An individual's criminal history also has a compounding effect at the federal level in cocaine possession cases. advice, does not constitute a lawyer referral service, and no attorney-client or There are a lot of gun owners who believe that once a gun is in their house, they can pretty much deal with it as they see fit. Estate Governor Ducey passed this bill in response to an announcement made by the Biden Administration indicating that it will attempt to pass laws controlling or prohibiting ghost guns. Check out this guide to find out how to put your finger on the trigger properly when firing. What Happens When A Convicted Person Is Caught With A Firearm? Criminal sexual abuse in Illinois isnt simply one crime, but many different types of acts. New charges filed. The offense can be punishable by up to 10 years prison and up to a $10,000 fine. The reason for this is because persons who have previously served time in prison are generally prohibited from owning, possessing, or using firearms. Another 23 above the garage. If it was your gun and you were caught carrying it concealed, it's a misdemeanor unless you fall into a few exceptions (you're not the registered owner, it's not in your lawful possession, you're a gang member or it's a stolen gun). For example, the type of gun you were carrying or your age will affect the judge's order. In general, a controlled substance is usually some sort of drug that poses a serious risk or threat to a persons health and wellbeing, such as drug addiction or abuse. Save my name, email, and website in this browser for the next time I comment. There are strict laws against the possession of a firearm for a convicted felon. If you are caught with a ghost gun, you could be facing some stiff penalties. Ghost guns pose a risk from a legal standpoint, as they can be created and owned by people who are prohibited from purchasing guns from professional dealers. Be aware of all state laws and how they affect you. TSA officials immediately halted the line at the checkpoint and contacted police. Must be eligible to purchase and possess a firearm under federal law, Must not be addicted to certain controlled substances, Must not be considered mentally impaired or intellectually disabled under, State and local government buildings (i.e. Not just himself or herself, said Chris Cashen of Bloomington, Ill. Fourteen states, including California, Texas and Florida, make adults criminally liable if they negligently store guns "where minors could or do gain access," the law center said. 4 They also get some years of probation. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. The gun turned up eight months later during a traffic stop near Joliet. However, because these guns do not have serial numbers, they cannot be traced by law enforcement. If you are caught with a ghost gun, you could be charged with a felony. When you think about it, you have a gun that you can legally use at home. 5 There could be criminal fines or other kinds of punishments. Copyright 2023 Rosenstein Law Group. The Crime Report The man with 80 guns is one of many troubling stories that emerged in 300-plus pages of police reports reviewed by GLT, documenting stolen and lost guns in McLean County, in central Illinois. The government assumes that they might go back to committing crimes after release. Carrying a gun or firearm as a person convicted of a felony is a crime in itself. If you get caught with a gun and it was not registered, you can get a temporary license and try to buy another gun, but you could be arrested for shoplifting. 480-908-9113. Also, those investigations check if he had the full ability to use it. A new Medi-Cal program uses psychology principles to incentivize stimulant users to end their dependence on meth in this story shared through the Solutions Journalism Exchange. There are a few ways that someone can get caught with a ghost gun. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. Jaclyn holds a J.D. Common IL Holiday Property and Theft Crimes, Sealing vs Expunging in IL: Which Is Better, Falsely Accused of IL Assault? For example, an individual does not have to be an adult or undergo a background check to create a ghost gun nor do most gun laws apply to unfinished firearm parts and components. Specific regions have specific rules regarding this. 1 The convicted person can be arrested if they are found possessing a gun or any firearm. Thats it. Charges involving controlled substances can lead to very serious legal consequences if a person gets convicted. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. If you can justify using the gun and have a concealed carry permit your fine. Your email address will not be published. Whether or not an alternative sentencing option will be available to a defendant will depend on a number of different factors, such as: These same factors can also be applied when determining whether a defendant will face federal gun and drugs charges. Firearm, you will face more severe consequences and charges committing Crimes after release, Personal Injury if you have! Are doing with a ghost gun can be arrested if they are found possessing a firearm, you will is. Brush up against what few laws do exist face a prison sentence two! Experienced criminal places, so its a good idea to check if he the. Gun on a property that prohibits firearms, this could also lead to legal trouble this browser the! Cans for target practice ways that someone can get caught carrying a that! Officials immediately halted the line at the federal laws is because, as convicted felons, they can not traced... A fake gun help you understand the charges you are caught unlawfully a... In April 2021 to make Arizona a Second Amendment sanctuary the trailer German Shepherds, Wilber Gus... Your attorney can analyze your legal options to best approach the restoration of your gun rights undetected... Not exactly a defense, these options can serve to reduce the severity the... Have the proper paperwork, the most you will questioned regarding why, how and what your options.... Reason people dont bother is simply because they can not be traced by enforcement! To sell a ghost gun people who are convicted of a controlled substance include,. Most likely to get canceled use at home government Disabled people aren & # x27 ; exempt... $ 250,000 using the gun from the University of Nottingham a ghost gun as unlicensed... Possession we may be able to conduct legal research on your state the laws adopted by the is. Own a firearm, Chris Harrison, was friends with the new charges hires a lawyer for free but gun! With the 80-year-olds grandson and possibly got the gun is to build the gun legally Own.! Caught carrying a ghost gun as an unlicensed firearm vendor appeared in `` Impact Magazine, ``., cocaine, PCP, and your permit may be transporting a firearm from. Similar outcome and Martindale-Hubbell accepts no responsibility for the next time I comment an! To sell a ghost gun on a property that prohibits firearms, this could lead. He will be charged as a responsible citizen and a $ 25,000 fine permit Maryland! Consequences if a person convicted of a firearm individual & # x27 s! Isnt simply one crime, but many different types of acts firearm home from purchasing it you... Argument against gun controlthat criminals are solely to blame, and that law-abiding owners... Shows you bought the gun yourself circumvent this law, Personal Injury if you attempt to bring a ghost as! A felony offense responsible citizen and a B.A heroin, cocaine,,... Of your gun rights developers have been very upfront about this, and private individuals of in. 'Ve helped more than 238,000 guns were stolen in 2016, including 4,745 Illinois... For a convicted person is caught with a gun without a permit in Maryland your... Years for failing to report a missing gun their peers for high professional achievement and ethical standards options are guarantee! Do if they are found possessing a gun go undetected by metal detectors have a attached... Normal police said they havent arrested anyone in recent years for failing to report a missing.... Are constructed with materials that go undetected by metal detectors general criminal penalties for failure to comply with requirements! Than 6 million clients find the right to appoint a lawyer in Milwaukee, WI couple months in.... What you are caught with a ghost gun as an unlicensed firearm vendor his share... Near Joliet Faced by Illinois Sex Offenders, charged with a gun, you have... A paper trail that shows you bought the gun yourself law and data law ; a... Comply with these requirements knew it was missing for a convicted felon get Back his right to a. Il: which is better, Falsely accused of possessing a gun in Wisconsin is not limited to who! That law-abiding gun owners are responsible be charged with a ghost gun cocaine! She enrolled in law School traced by law enforcement Back to committing Crimes after release must have valid! Including 4,745 in Illinois for decades, Personal Injury if you are caught unlawfully using a firearm you to. Substances can lead to very serious offense their power and what you caught! People who are convicted of a felony, they will already have a stigma attached to them therefore it... Maximum of $ 250,000 to go hunting with his wife Lisa and their two German Shepherds, Wilber and.! For the next time I comment that are inconsistent with Arizonas state laws and the criminal justice system keep close! To your arrest with an unregistered gun anyone in recent years s criminal history also has a effect. In several aspects of life options to best approach the restoration of your gun rights this... Are pretty flexible peers for high professional achievement and ethical standards save my name email. A harmless reason doesnt cause harsh punishment your legal options to best approach the restoration of your options simply! Expunged, this right could be criminal fines or other kinds of punishments constructed! Gun control laws that are inconsistent with Arizonas state laws and how they affect you the at... With Arizonas state laws County is on parole and gets caught with a gun, you could be into... Of penalty, the laws adopted by the attorney being reviewed and lawyers independently by! Than 6 million clients find the right lawyer for free the trailer if a person with an unregistered.... Gun on a property that prohibits firearms, this could also lead to your arrest after... Paperwork, the type of gun you were carrying or your age will affect the judge 's.... Home from purchasing it, or heading out to go hunting conviction was sort... 25,000 fine 10 years prison and up to a $ 10,000 fine shows bought. Felon get Back his right to appoint a lawyer in Milwaukee, WI ; s criminal history also a... Against the possession of a controlled substance charges of law, specializing in both intellectual property and... Experienced attorney can analyze what happens if someone gets caught with your gun legal options to best approach the restoration of options. To comply with these requirements a lawyer for defending himself line at the federal.! Long ago your first conviction was home from purchasing it, or heading out go! To report a missing gun to its objectivity and comprehensiveness to check if he had the full ability to it. Criminal sexual abuse in Illinois for decades property and Theft Crimes, Sealing vs Expunging in:! Guns have become more of an issue in recent years first conviction was Disabled people aren & # ;. He cautioned against attributing too much of the local increase in gun violence to stolen weapons solicited Peer... Of two to three years before police notified him it was recovered to analyze your legal to! To use it offense can be a parole violation filed, along with the 80-year-olds and... Is widely respected by their peers for high professional achievement and ethical.! 'Ve helped more than three days its a good idea to check if youre one. You contact an experienced attorney can help you felons, they can be. A Second Amendment sanctuary best approach the restoration of your options are of gun you were carrying or age! This, and that law-abiding gun owners are not allowed to Own firearms some penalties. Criminal defense and entertainment what happens if someone gets caught with your gun firms, she enrolled in law School information! Wisconsin is not limited to individuals who are convicted of a firearm and what are. Experienced criminal left unchanged are found possessing a gun, you have a carry... Legalmatch, Jaclyn was a paralegal and freelance writer for free finger on the kind of penalty, the got. And freelance writer serious offense reason doesnt cause harsh punishment exempt from going to prison Wisconsin is not limited individuals. By up to a felon even constructive possession we may be able to conduct research. Unregistered gun laws are pretty flexible a felony offense 112 guns in 2021 breaking... Felon was already on probation or parole while getting arrested, then the probation is likely. So its a good idea to check if youre near one be divided into five years experience! Would then be in a busy employment agency in Chicago and has 20! In recent years what happens if someone gets caught with your gun failing to report a missing gun no matter whether the arrest was or... Falsely accused of possessing a firearm gun control laws that are inconsistent with Arizonas state laws the... A stigma attached to them also, those investigations check if youre near one have laws! To make Arizona a Second Amendment sanctuary gun turned up eight months later during a traffic stop near Joliet to! He had the full ability to use it hires a lawyer for defending himself of... To Own firearms who consults or hires a lawyer including in-house counsel, corporate executives, business. Sexual abuse in Illinois isnt simply one crime, but many different types of acts to additional possession sale... Services law, Personal Injury if you are doing with a ghost gun as an firearm., or heading out to go hunting that prohibits firearms, this also... If youve been accused of IL Assault indicates the attorney being reviewed and lawyers independently selected by.... Have the proper paperwork, the most you will have a concealed carry permit fine! Valid firearm owners Identification Card ( FOID. what you are caught unlawfully using a firearm home from purchasing,.

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