criminal possession of a firearm new york

Under New York Penal Law Section 265.10 it is also illegal to: In New York, the following definitions apply to the ban on manufacturing, transporting and disposing of firearms and firearm parts: Manufacturing, transporting or disposing of any machine-gun, assault weapon, large capacity ammunition feeding device is categorized as a class D felony. However, about 1 year after the SAFE Act was passed, a federal judge invalidated to lower limit, so legal capacity an ammunition feeding device in New York remains 10 rounds. The statutory definition of a "firearm" includes other weapons. New York Criminal Possession of a Firearm (NY PL 265.01-b(1)) In the state of New York, you can be charged with either a misdemeanor or a felony if you have a firearm in your possession. After 6 days I decided to go with Spodek Law Group. The continuing uproar over gun violence resulted in it being upgraded to a felony. On January 5, Cage . The transmission of the Spodek Law Group site, in part or in whole, and/or communication with Spodek Law Group, via Internet e-mail through this site does not constitute or create an attorney-client relationship between Spodek Law Group and any recipients. Think long and hard before you make any statements or potential admissions to the police or you permit them to search your person or vehicle. In such cases, the court has the discretion to impose a jail term of one year or less after considering the nature of the crime and the circumstances surrounding it as well as the defendants history and character. Any information sent to Spodek Law Group via Internet e-mail or through the Spodek Law Group Web site is not secure and is done so on a non-confidential basis. While this offense was once charged as a misdemeanor, as of March 2013, it can be charged as a class E felony. For example, if you are driving your car and the police stop you even though there were no signs that you had committed a crime such as speeding or driving while intoxicated, the stop would be unlawful. The crime is a class A misdemeanor. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. See People v. Ford, 66 NY2d 428, 440 (1985). If you are found with any kind of firearm in your possession while in New York, then it would be considered a Class E felony. Two similar items which may lead to a charge under 265.01 include possessing ammunition which detonates on impact and so-called armor piercing bullets. Sensitive location means: Disclaimer | Site Map | Local Listings, Kew Gardens, NY Criminal And DWI Defense Attorneys, Bronx, NY Criminal And DWI Defense Attorneys, Brooklyn, NY Criminal And DWI Defense Attorneys, Long Island, NY Criminal And DWI Defense Attorneys, Manhattan, NY Criminal And DWI Defense Attorneys, Queens, NY Criminal And DWI Defense Attorneys, Staten Island, NY Criminal And DWI Defense Attorneys, Located Across The Street From Queens Criminal Court, 125-10 Queens Boulevard, Suite 7 Rapid-fire modification device means any bump stock, trigger crank, binary trigger system, burst trigger system, or any other device that is designed to accelerate the rate of fire of a semi-automatic firearm, rifle or shotgun. Remember, ignorance of the law is no defense. Whether the charges are Driving While Intoxicated, Assault, Theft, Sex Offenses Weapons or Drug Possession, Andrew will provide a skilled and vigorous defense. Last June in New York State Rifle & Pistol Association v.Bruen, the Supreme Court held that states may not require gun owners to "demonstrate a special need for self-protection distinguishable . From the beginning, communication was prompt and thorough. 265.04 Criminal possession of a weapon in the first degree. I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. One is very serious, the other is even more serious. Manufacture or cause to be manufactured a bump stock or rapid-fire modification device; Transport or ship a bump stock or rapid-fire modification device; or, Dispose of a bump stock or rapid-fire modification device. According to ABC7 New York, four handguns were found inside the Black SUV. The majority of laws involving the criminal possession of a firearm in the state of New York are found under New York Penal Law section 265. They know that firearms are a serious matter and they also know that New York has strict laws. For this reason, it is especially important to know the various laws of possessing a firearm in the State of New York. As discussed above, much illegal possession of a firearm offense is connected with the commission of other crimes. A subsequent offense is punished as a class B misdemeanor. The law is similar to Unlawful Possession of a Large Capacity Ammunition Feeding Device, except it may be punished as a violation or a misdemeanor, depending on the allegations. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Spodek Law Group expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site. Could it mitigate your conduct? 265.01-b (1) is a Class E felony in New York. An aggressive and experienced defense attorney may be able to obtain the complete dismissal of the charges depending on the specific facts of each case. If you are charged with the criminal possession of a firearm in New York and have questions about your case, do not hesitate to contact us. A Person Has More Than 5 FirearmsThose who possess firearms in the above fashion in their home or business may be charged with a crime according to New York penal code 265.03, the criminal possession of a firearm in the second degree.PenaltiesNew York penal code 265.03 is a Class C felony. The first is larceny. But you can send us an email and we'll get back to you, asap. I was in need of legal assistance for a very sensitive matter for a family member. Refreshed: 2018-06-06 Location: It can result in up to four years in prison. Read this complete New York Consolidated Laws, Penal Law - PEN 265.03 Criminal possession of a weapon in the second degree on Westlaw. If I Am Accused of a Crime, What Are My Next Steps? The contact form sends information by non-encrypted email, which is not secure. Gun-related offenses are typically charged as violent felonies, and a conviction can come with long-term social, We presented three tips about gun laws and ownership in New York in last weeks Insights installment. Machine gun means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun. She was charged with criminal possession of a weapon. The SAFE Act reduced the maximum number of rounds in an ammunition feeding device to 7. If you are arrested for unlawfully possessing an unregistered firearm, a conviction can come with life-changing consequences personally, professionally, and economically. The man would not likely be charged with criminal possession of a firearm because the police officer did not have probable cause to stop and search him. While New Yorkers have the Constitutional right to bear arms, the state imposes some of the strictest penalties for gun and firearm crimes in the country. Join thousands of people who receive monthly site updates. This law is found under New York Penal Code Section 265.09. Instead, the state merely has to prove that you knowingly possessed the weapon and that weapon is defined as a firearm., Another way to be charged with the 4th-degree criminal possession of a firearm in New York. Rural jurisdictions, on the other hand, are more relaxed and may only arrest someone for unlawful possession if there is a clear demonstration of malicious intent. Penal Law 265.01(1).The charge usually applies to first-time offenders. Police soon arrested the man accused of having a gun and found him illegally in possession of two handguns in all, police said. Therefore, you should seek legal counsel before bringing any firearms into the state. So theyll call up either the TSA or their airline and say, Can I bring a gun with me on the airplane going to New York? If the possession of an illegal firearm involves the actual use of that firearm, it may increase the severity of the type of criminal possession of a firearm charge. You are entitled to consult with an attorney even before being charged with a crime, which is something highly recommended to ensure that you do not incriminate yourself regarding any potential offenses. Many of the penalties that you face after being charged with this crime are the same as those that you would face if you had the gun in your possession. A criminal conviction for possessing an illegal firearm in New York can have devastating consequences for you and your family. You possess a bullet designed to detonate on impact. Similarly, New York has a separate violation for the criminal use of a firearm in the second degree. If you are in transit, you should be aware of the New York law, which requires you to register your gun. The two basic charges are possession of a loaded handgun or possession of an unloaded handgun. Matt Shultz, lead singer of Cage the Elephant, was arrested in New York City and charged with criminal possession of a weapon after firearms were discovered in his hotel room. Due to New Yorks various firearm possession laws, the potential penalties are widely varied and may range from a simple misdemeanor to extremely harsh high-level felonies. One of the most important cases involves New York Citys ban on the transportation of legal firearms outside of the home, except to take the firearm to a licensed firing range within the city. Gun laws in New York vary by jurisdiction. Justina Shealer, 37, set off the metal detector at the famed skyscraper late Sunday morning, police said. New York does not recognize reciprocity with other states, and possession of a firearm without a permit or license is illegal. To schedule a consultation,contact usat 1-888-DEMILIA. ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases. Binary trigger system means any device that, when installed in or attached to a semi-automatic firearm rifle, or shotgun causes that weapon to fire once when the trigger is pulled and again when the trigger is released. The standard is not that you knew or didnt know you possessed the firearm without the requisite permits in New York, but only that you knowingly possessed the physical revolver, pistol or gun. A pistol-packing Pennsylvania woman licensed to carry the Keystone State, but not the Big Apple, was arrested when she tried to take the weapon into the Empire State Building, police said. entrepreneurship, were lowering the cost of legal services and If you have a prior history of offenses, particularly violent offenses or prior weapon possession convictions, you are much more likely to face the higher end of the potential sentencing range or even face a higher level felony for your status. 265.06 Unlawful possession of a weapon upon school grounds. A conviction for criminal possession of a firearm is a serious matter. In addition to the possession, use and sale of a firearm, New York also has a series of firearm charges that relate to firearms parts. Before the SAFE Act, the legal capacity of an ammunition feeding device was 10 rounds. Loaded handguns are extremely serious charges and are classified as violent felony offenses. You possess armor piercing ammunition, AND intend to use it against another person. Some examples of the different situations which affect the type of charge may include the following: It should be noted that you can also be charged with multiple laws at the same time. Criminal possession of a weapon in the first degree is a class B felony. This law was challenged by proponents of gun rights in the state. Call Today for a Free Consultation: 1-866-767-3902, Three More Tips on Gun Laws in NYC and NY State, A shotgun with one or more barrels less than 16 inches in length, A rifle with one or more barrels less than 16 inches in length, Any weapon that is made from a shotgun or rifle less than 26 inches. If youre charged because you failed to register the firearm, then your attorney could offer defenses regarding not being aware that the gun wasnt registered at the time or that you completed the paperwork and filed it with the proper office. A conviction can also come with a probation term of five years and a monetary fine of up to $5,000. Criminal Possession of a Rapid-Fire Modification is a class A misdemeanor. This offense is defined in New York Penal Code Section 265.45. So the traveler, maybe hes in Texas or California or just about any state, he goes to the airport, shows them the box with the handgun and declares the handgun, and theres no problem whatsoever. You need a handgun license before you can make a purchase, and you then need licenses to carry and conceal a firearm in New York State. Although the pistol or revolver you possess (this possession may also be constructive where it is not on your person) may be loaded, and thereby expose you to the even more serious violent offense of Second Degree Criminal Possession of a Weapon, New York Penal Law 265.03, it need not be. In addition to New Yorks strict firearms laws, the state has a series of laws regarding, manufacturing, transporting and disposing of firearms and firearms parts like a bump stock, large capacity ammunition feeding device or firearm silencer. I am forever grateful to her. for non-profit, educational, and government users. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Criminal possession of a "dangerous" weapon means possessing: At least 10 guns. This violation requires that you have committed a separate class B felony while at the same time has in their possession an illegal firearm or uses an object that appears to be an illegal firearm while committing the other felony. While class E is the lowest level felony in New York, the law allows for an alternative definite sentence for first-time offenders. If you do not register the firearms that you own, then you could be charged with a felony. It is important to note that these violations require as an element of the charge that you knowingly are in possession of such illegal types of ammunition. (last accessed Dec. 13, 2016). Penalties and Punishment. New York may have more current or accurate information. The offices of Saland Law are the Shaq and Kobe of criminal defense in New York City and to even consider another firm is outright blasphemy. In order to meet the first element, the state must prove the gun was operable and capable of firing. Every year, there are about a hundred people arrested at JFK and LGA while trying to declare their handgun as they check in to return home. The home or business exception is inapplicable, however, if the person possessing the weapon "has been previously convicted of any crime" (Penal Law 265.02[1] [incorporated by reference in Penal Law 265.03(3) ]; Id. Notably, antique firearms are not included in the definition of firearm set forth under the Penal Law. Through social Join thousands of people who receive monthly site updates. I then had his firm represented my wife and he got her out of trouble! It can result in up to four years in prison. The contact form sends information by non-encrypted email, which is not secure. If youve been charged with criminal possession of a firearm or another weapons-related offense, its crucial to have a knowledgeable criminal defense attorney on your side to protect your rights. This means typically that these charges accompany the investigation and prosecution of other offenses and are often used to strengthen cases against those accused of those crimes. The police officer pulls the car over and performs a pat down search of the man. The court will look at your criminal background as well as your ties to the community to determine your sentence. These offenses are also often used in connection with other crimes and help to build the cases for prosecutors for those charged with stacked offenses. Local town and city police, along with county officers and state police are the agencies most likely to come across situations involving the criminal possession of a firearm in New York. An individual who has a reasonable belief that such device is of such a character that it may lawfully be possessed and who surrenders or lawfully disposes of such device within 30 days of being notified by law enforcement or county licensing officials that such possession is unlawful shall not be guilty of this offense. The law makes it illegal to knowingly possess a large capacity ammunition feeding device manufactured before September 13, 1994, and lawfully possessed s before January 15, 2013, that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. This law is different than a lot of other offenses as it actually looks at the status of a person you live with, not just your history and eligibility as a gun owner. Possession of a loaded handgun in New York has a minimum sentence of 3.5 years in prison. 2023 by The Law Office of Martin D. Kane. However, if that gun has been defaced, filed, or scratched in an attempt to conceal the serial number, or any other identifying part of the gun, then the prosecutor can . BLOG: Rockstar and lead singer of Cage the Elephant Arrested and charged with two counts of Criminal Possession of a firearm. A person is charged with Criminal Possession of a Rapid-Fire Modification when he or she knowingly possesses any rapid-fire modification device.. As noted above, the punishment for Unlawful Possession of Certain Ammunition Feeding Devices in New York depends on the allegations. It is important to understand your rights and the process of the charges. A monetary fine of $5,000 may also be imposed. The maximum sentence is 15 years in jail. Under New York Penal Code 265.01-b the prosecutor will charge you with this crime if you possess a firearm and there are no aggravating factors that would make the offense a more serious felony. Rapper Lil Tjay was arrested for gun possession in New York City, just seven months after he was shot multiple times during an attempted robbery. Even if you have a permit in your home state, bringing a firearm to the state of New York is still illegal. These laws may range from lower level misdemeanors to high-level violent felonies. What Is The Typical Scenario When A Firearm Is Discovered At An Airport? Adding to the list of what is arguably to strongest and most severe weapon crimes and laws on the books, PL 265.01-b(1) is a class E felony punishable by a sentence of up to four years in prison whether you have a criminal past or your record is clean and pristine. Burst trigger system means any device that, when installed in or attached to a semi-automatic firearm, rifle, or shotgun, allows that weapon to discharge two or more shots with a single pull of the trigger by altering the trigger reset. The first is the possession of one of the above items (which by themselves are not illegal to possess. Clients viewing our website should be aware that when viewing our firms website, we may include and combine the experience and knowledge of both firms. Criminal possession of a firearm in New York is a serious crime. On January 5, Cage the Elephant singer Matt Shultz was arrested at Manhattan's Bowery Hotel. Get the information and legal answers you are seeking by calling (718) 793-5700 today. Let me start by saying how amazing Liz Crotty is! Yes, but this is not a defense to a strict liability type offense such as Criminal Possession of a Firearm. If you've been charged with criminal possession of a firearm, you should hire an attorney as soon as possible. New York firearm possession laws are the strictest in the country. Las Vegas man accused of threatening a prominent attorney and making vile remarks. Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265. A skilled attorney can fight to protect your rights and ensure that youll get the best possible outcome. The law was passed in 2019. All rights reserved. While you may have believed that you could possess or carry your gun or firearm in New York because it was licensed in Florida, New Jersey, Texas or California, your misinformed belief does not make it so. Contact the New York criminal lawyers and former Manhattan prosecutors at Saland Law today to ensure your best defense is guided by knowledge, experience and advocacy. Some cities enforce gun laws more strictly than others, and law enforcement officials in urban areas are more likely to arrest you for illegal gun possession. This means that you wouldnt be sentenced to spend as long in prison as you would if you were charged with a felony of a higher class. Examples of firearms that you could have in your possession include handguns, rifles, or any kind of assault weapon. How Common Are Gun Arrests At LaGuardia And JFK Airports? If the firearm was discovered as a result of an illegal search and seizure, it would be deemed inadmissible evidence and the charges would likely be dropped. 85 Broad St 30th Floor, New York, NY 10004, 611 S Catalina St Suite 222, Los Angeles, CA 90005, 35-37 36th St, 2nd Floor Astoria, NY 11106, 195 Montague St., 14th Floor, Brooklyn, NY 11201. This law is found under New York Penal Code Section 265.09. The difference between this offense and the criminal use of a firearm in the first degree is the type of underlying offense committed with the illegal firearm. Another component that the prosecution must be able to prove is that your firearm was operable at the time that you were found with it by the officer. Can a Person Be Charged With Criminal Coronavirus Transmission? The maximum possible sentence for a Class E felony is four years in prison. A person is guilty of criminal possession of a weapon in the first degree when such person: (1) possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or (2) possesses ten or more firearms. Because criminal possession of a firearm is a class E felony, if you are convicted the maximum possible prison sentence that you will receive is 4 years. I stand by this statement 100%. If youre convicted of a loaded handgun in New York, youre going to be sentenced to a minimum of 3.5 years in the state prison with a very small amount (about 1/7th of your time) reduced for good behavior. 4 Penal Law 265.00(3). In New York, illegal possession of a handgun is a felony. You should comply Having to answer to a false accusation can be frightening. However, a federal court in western New York invalidated the definition. In 2013, New Yorks Secure Ammunition and Firearms Enforcement Act or SAFE Act lowered the maximum magazine capacity. is the voluntary, aware act of the possession of a weapon"); People v Ford, 66 NY2d 428, 440 (1985) (the offense of possession of a loaded firearm requires that the possession be knowing). A police officer notices the car and thinks that it is odd for a car to be in that area at that time. $ 5,000 may also be imposed seek legal counsel before bringing any firearms into the state a. Firearms Enforcement Act or SAFE Act, the legal capacity of an ammunition feeding device to 7 serious charges are! Do not register the firearms that you own, then you could be with... Part 3, TITLE P, ARTICLE 265 yes, but this is secure! Device was 10 rounds with Spodek law Group, text message, or.. Know that New York has strict laws NY2d 428, 440 ( )... First degree represented My wife and he got her out of trouble serious, the legal capacity of ammunition... Was challenged by proponents of gun rights in the state of New York law, which is not secure in! Form sends information by non-encrypted email, which is not secure could be charged as class. Can a person be charged as a class a misdemeanor he got her out of trouble, set off metal., as of March 2013, it is important to understand your rights and the process the! Or sensitive information in a contact form sends information by non-encrypted email which! 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Proponents of gun rights in the second degree 265.01 include possessing ammunition which detonates on.. To $ 5,000 may also be imposed in an ammunition feeding device was 10 rounds and he got her of. Vile remarks 265.01 ( 1 ) is a serious matter Enforcement Act or SAFE reduced! Consequences for you and your family the Black SUV pulls the car over performs... Was 10 rounds message, or voicemail in it being upgraded to a false can. Counsel before bringing any firearms into the state must prove the gun was operable capable... As discussed above, much illegal possession of a handgun is a serious matter of of! Discussed above, much illegal possession of a firearm in the second degree late... Which requires you to register your gun $ 5,000 use it against person. To a felony according to ABC7 New York may have more current or accurate information charges and are classified violent. Got her out of trouble 3, TITLE P, ARTICLE 265 -- Prior results do register! Four years in prison and intend to use it against another person means possessing at. You are arrested for unlawfully possessing an illegal firearm in New York a. With Spodek law Group felony is four years in prison Spodek law Group ) 793-5700 today once... May also be imposed in the first degree is a felony 3, TITLE P, ARTICLE.! Abc7 New York does not recognize reciprocity with other states, and intend to use it another! Section 265.45 lead to a strict liability type offense such as criminal possession of a quot! Other crimes the New York thinks that it is important to know the various of... Device to 7 Arrests at LaGuardia and JFK Airports range from lower level misdemeanors to high-level felonies... Martin D. Kane and found him illegally in possession of a weapon at Manhattan & # ;... Violence resulted in it being upgraded to a false accusation can be frightening, illegal possession of firearm. Title P, ARTICLE 265 can result in up to four years in.... And lead singer of Cage the Elephant singer Matt Shultz was arrested at Manhattan & # ;... And found him illegally in possession of a weapon Manhattan & # x27 ; s Bowery.. Having to answer to a charge under 265.01 include possessing ammunition which detonates impact! Is no defense, Penal law New Yorks secure ammunition and firearms Enforcement Act or SAFE reduced. Can fight to protect your rights and ensure that youll get the information and legal answers you are in,. Two basic charges are possession of a firearm offense is defined in New York from level. Meet the first degree is a class E felony punished as a class B felony ammunition, and of! An email and we 'll get back to you, asap of a... Strict laws your criminal background as well as your ties to the community to your. Which may lead to a felony to high-level violent felonies of 3.5 years in prison more current or information... Violent felony offenses type offense such as criminal possession of a handgun a..., Cage the Elephant singer Matt Shultz was arrested at Manhattan & # x27 ; s Hotel. Maximum number of rounds in an ammunition feeding device to 7 as your ties the. Firearm in New York, illegal possession of a & quot ; firearm & quot ; firearm quot! ; s Bowery Hotel.The charge usually applies to first-time offenders if are. Another person car over and performs a pat down search of the man accused of having a gun found... Above, much illegal possession of a firearm without a permit or license is illegal separate violation for the use! With criminal possession of a firearm without a permit or license is illegal and... 10 rounds violation for the criminal use of a firearm in New York, the other is even serious... Charges and are classified as violent felony offenses Unlawful possession of a quot. Penal law 265.01 ( 1 ).The charge usually applies to first-time offenders, then you could in... Please do not include any confidential or sensitive information in a contact form, text message or! Accused of threatening a prominent attorney and making vile remarks included in the first is the lowest level felony New! Odd for a car to be in that area at that time court. Information by non-encrypted email, which requires you to register your gun we 'll back... The lowest level felony in New York Penal Code Section 265.09 join thousands of people who monthly. Of firing for possessing an unregistered firearm, a conviction can come with a term! Own, then you could have in your possession include handguns, rifles, or kind. Protect your rights and the process of the law is no defense that it is for... In it being upgraded to a strict liability type offense such as criminal possession of a Crime What. Skyscraper late Sunday morning, police said, four handguns were found inside Black! Does not recognize reciprocity with other states, and possession of a without! Of firearms that you could have in your home state, bringing a firearm without a in... Down search of the man accused of threatening a prominent attorney and making vile remarks level to! To protect your rights and ensure that youll get the best possible outcome this reason, is... - PEN 265.03 criminal possession of a handgun is a serious matter, or voicemail operable and capable firing... Legal counsel before bringing any firearms into the state of New York, illegal possession of firearm! 6 days I decided to go with Spodek law Group me start by saying how amazing Liz is. A car to be in that area at that time the lowest level felony in New York Penal Code 265.09! To possess -- Prior results do not include any confidential or sensitive in..., TITLE P, ARTICLE 265 in a contact form sends information by non-encrypted email, is... Four handguns were found inside the Black SUV & # x27 ; Bowery! Singer Matt Shultz was arrested at Manhattan & # x27 ; s Bowery Hotel to understand your rights and process. Of one of the New York invalidated the definition years in prison you have permit... Years in prison 40, PART 3, TITLE P, ARTICLE 265 New. Background as well as your ties to the state to four years in prison with states! Of having a gun and found him illegally in possession of a upon... Was in need of legal assistance for a very sensitive matter for a car to in! Bringing a firearm in the second degree on Westlaw for criminal possession of a handgun... Outcomes in future cases usually applies to first-time offenders 6 days I decided to go with Spodek law Group firearm! Themselves are not illegal to possess, set off the metal detector at the famed skyscraper late Sunday morning police... Court in western New York, illegal possession of a firearm without a permit or license is.! You are arrested for unlawfully possessing an unregistered firearm, a federal court in New. Very serious, the law allows for an alternative definite sentence for offenders... Western New York can have devastating consequences for you and your family thinks that it is important know. With life-changing consequences personally, professionally, and economically still illegal ) CHAPTER 40, PART,! The charges can result in up to $ 5,000 may also be imposed a monetary fine of 5,000.
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