giving a gun to a family member in oregon

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Then, before the dealer transfers the gun to the owner, it must follow the procedures for in-state gun transactions, including: a criminal background check. So, even though the element of surprise is always great when giving gifts, when it comes to gifting a firearm across state lines, the surprise is not worth the potential consequences if the . This story was edited by Amy Pyle and copy edited by Nikki Frick. This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. If you plan to republish our content, you must notify us republish@revealnews.orgor email Sarah Mirk,smirk@revealnews.org. Support In California, a family recipient must obtain a safety certificate a basic multiple-choice questionnaire from a state-certified gun store and has 30 days to submit a form and $19 to the state Department of Justice, which conducts a background check to ensure he or she is legally allowed to own the gun. Our reporter(s) must be bylined. The Oregon Firearm Safety Act (OFSA), passed in 2015, closes the private sale loophole and helps stop criminals from buying guns. Most states have exceptions for transfers between family members, but these exceptions usually only cover rifles and shotguns and may not apply if one family member is purchasing a gun from another. They should not. The spouses or domestic partners of the relatives listed above; At a shooting range, shooting gallery or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class or a similar lawful activity; For the purpose of hunting, trapping or target shooting, during the time in which the transferee is engaged in activities related to hunting, trapping or target shooting; Under circumstances in which the transferee and the firearm are in the presence of the transferor; To a transferee who is in the business of repairing firearms, for the time during which the firearm is being repaired; To a transferee who is in the business of making or repairing custom accessories for firearms, for the time during which the accessories are being made or repaired; or. Apologize to Uncle Fred for it no longer being a surprise but remind him how cool a nephew you are for getting him a firearm as a gift. The transfer of some firearms or accessories may require a federal tax stamp from the Bureau of Alcohol, Tobacco and Firearms. Keep it simple - when you buy the gun, just remember you are buying it for yourself, period. But when Californians give guns to their children or grandchildren, they dont need to go through a licensed gun store. It is our mission to encourage, organize, and support these efforts throughout Oregon, Washington, Idaho, Montana, and Wyoming. Data were obtained from the FBIs Supplementary Homicide Reports (SHR). Ive given away plenty of stuff to friends and family (and in one case, most of the parts needed to build an AR to a total stranger who said he was legally able to own it because freedom) I even gave an AR lower to a young fudd who didnt think that people should get to own ARs because it forced him to reconcile with the idea that HES not a bad person why shouldnt HE be allowed to own things? Step 6 - Make the Exchange. How to Sell a Firearm (6 steps) Step 1 - Lookup Gun Laws. There's no federal law prohibiting you from giving a gun as a present to a friend or relative who lives in the same state. That way you can still wrap it and hand it to them. Its just a timing issue, Katy. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to an FFL within the recipient's state of residence. As soon as the gun is in your possession, it is yours to do with as you wish. The gun doesnt actually change hands for at least 10 days while this takes place. Since the trust is revocable, you can alter the terms of the trust, or revoke it altogether, whenever you want. Also, his wife liked ARs so it was kind of a poke in the ribs to man up because his she wanted one The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store, buying it on your own and giving it to, say, your father, consider instead purchasing a gift certificate from that retailer and giving it to dad as his present. The first question you then must ask is whether the intended recipient can legally own a firearm at all. These cookies will be stored in your browser only with your consent. A good friend of yours gives you a Glock 19 for your birthday (hey, youve got very generous friends). Penal Code 26500 PC Under California law, certain immediate family members can transfer gun ownership to one another without any paperwork, background checks, or official gun dealers involved. If you plan on gifting a gun to a family member, close friend, or relative this season, there are right ways to do that and some very wrong ways to transfer firearms to loved ones, say U.S. LawShield Independent Program Attorneys. Heres How to Do Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website, Woke Mall Santa Fired After Telling Kid No Nerf Gun, Making Him Cry [VIDEO], Gun Review: Cimarron Evil Roy Single Action Revolver in .45 Colt, Auster: Americas Original Sin Its Religious Attachment to Guns Must Be Confronted, Illinois Residents Legal Options are Dwindling, God and Guns Frequenly Go Together A Wesleyan University Course Will Examine Why. People can receive firearms ownership according to your wishes. In California, which has some of the countrys strictest rules on gun purchases, at least 51,672 guns have been transferred among family members since 2010, according to data maintained by the state Bureau of Firearms, a branch of the Department of Justice. We also use third-party cookies that help us analyze and understand how you use this website. NSSF works on behalf of every one of its members every day to strengthen our industry. I guess what I'm trying to say is check your States law's they change every day LOL WELCOME TO THE LIBERAL PACIFIC NORTH WEST, Horrible gunsmith take your biz elsewhereLOL, map of Illinois counties enforcing their most recent firearm ban, Oregon resident purchasing rifle (.22) in Washington at Sportsmans. For example, if I buy a gun as a gift for a friend from Indiana and I live in Florida. The vast majority, more than 9 out of 10, were handguns. and TTAG..stop being such cheer leaders for atfyou..every atf agent should f themselves and GO TO HELL. Which NFA items need to also be registered with Virginia. Dylann Roof, 21, has been charged in the killings. Otherwise, your Personal Representative, family members, or beneficiaries may be inadvertently breaking the law. that long list of family members), was a bit of a sarcasm. A father-in-law does not appear to be in the definition of family member exempt from background checks. Thanks for your interest in republishing a story from Reveal. . This specifies how firearms will be transferred and who you intend ownership to be transferred to. Consider using a gift certificate from a firearms retailer near where the recipient lives. 18.2-922(a)(3) says that: (3)for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State . You are using an out of date browser which is likely incompatible with our website. It was proposed in April, and ultimately voted on in May. Rep. Suzanne Bonamici: (503) 469-6010 If the owner of record sold the gun without a background check to a person who is prohibited from buying a gun, the gun seller could face criminal charges. Those are the two exceptions for someone under 18 years of age to have a pistol. I got this from the Maryland State Police FAQ on Firearms Registration. TheyreRead More, The worlds largest trade show displays equipment and products for target shooting, hunting, the outdoors and law enforcement. In relevant part: No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Categories: BP Item, Education, Featured, Government Relations, Hunting, Retailers, Shooting, Top Stories, WASHINGTON, D.C. NSSF, The Firearm Industry Trade Association, recognized Louisiana Republican state Rep. Blake Miguez as the 2022 NSSF State Legislator of the YearRead More, Florida state legislators are warning financial service providers they wont tolerate a new scheme to track the shopping habits of gun and ammunition buyers. Matt Drange can be reached at mdrange@revealnews.org. It is legal to purchase a firearm from a licensed firearms retailer that you intend to give as a gift. Ownership of a firearm has serious legal implications that other consumer products don't. These moments are part of what our cherished enjoyment of firearms is all about and represent that unique bond that sportsmen have with their fellow enthusiasts. If republishing our stories, please also include this language at the end of the story: This story was produced by Reveal from The Center for Investigative Reporting, a nonprofit news organization. South Carolina is one of 33 states that require no background checks for any kind of private-party transfers. That way hell get the exact gun he wants, and theres no question about who is the actual buyer of the firearm, which is a question any purchaser must certify on the FederalForm 4473at the time of purchase. Bottom line here you need to know the law BEFORE you deliver that shiny new firearm to a family member, close friend, or relative. resident: no paperwork for long guns or handguns - she may hand them straight to receiving person. a2. This includes firearms for self-defense, hunting, sport, collections, heirlooms, etc. Where can I find a federally licensed firearms dealer? P.O. Answer (1 of 4): Two legal ways: If you visit them or if they visit you, and there is no reason that they or the weapon would be prohibited, you can just give it to them. OFSA says an FFL dealer may charge a reasonable fee for the check. Republish our articles for free, online or in print, under a Creative Commons license. In fact, guns changing hands among family members is among the least-regulated aspects of gun ownership. Early reports indicated that Dylann Roof, the 21-year-old man charged with the killings, received the Glock .45-caliber pistol believed to be used in the shooting as a birthday present from his father. Oregon's Senators are: Then, once you get it home, if you intend to give it as a gift to a close family member, you are legally allowed to do so. Giving a gun as a gift will, in most circumstances, be the first just the beginning of your obligation to the new gun owner. Using a gift certificate from a firearm retailer near where the gift recipient lives might be the best solution in order to avoid legal pitfalls and state law variations. Oregon's Representatives are: Current Oregon State Police Background Check Queue Status As Countdown To Measure 114 Vote Approaches. I am not licensed to practice in Oregon, but I believe based on the plain language of the controlling statute that the above two answers are incorrect. 2018-2022 Oregon Gun Law managed byKollie Law, PC. Giving a Gun as a Gift As you can see, there are a lot of things to consider when making a gift of firearm to ensure you do it properly. And only applies to federal gun dealers, NOT Oregon citizens or Oregon families. To dispel the myths about modern sporting rifles so that we can have honest and factual discussions about them here are the facts about these rifles. By clicking "Accept" or using our website, you consent to the use of cookies unless you have disabled them. Beaverton, Here's how to contact your legislators and make your voice heard. a1. Gifting a firearm in Florida is a relatively simple process. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. So when Oregon Law says 'minor' do not think of the 19-20 year old, think of 15, 16, 17 year old's. A gun trust smooths over these complexities or gray areas. Since it's my father in law's birthday, would I need to pay for a background check and transfer to register it in his name? A parent or grandparent needs only to write a note saying the gun is a gift. Okay, so it's not quite that simple. Your boyfriend gave you a self-defense pistol for your birthday. The page is provided by Texas Law Shield, a private legal company that offers legal defense services. Please note that Missouris background check law is referred to as permit-to-purchase or PTP. And beginning Jan. 1, unless you're giving the gun to an immediate family member, you have to check with the Illinois State Police to make sure the intended recipient's FOID card is valid.. Status: The right to bear arms is an essential part of Oregon law, federal law, and the US Constitution. OFSA closes the private sale loophole and helps stop criminals from buying guns. For example, some people would like to have an official record of a firearm being theirs so that they can track it and report it if stolen (similar to titling your car or truck at the DMV). Ask Your Own Legal Question. Would I be better off just taking him to the shop with me, even tho it ruins the surprise? You can only ship a handgun by common carrier (but not U.S. Mail) and a long gun by U.S. Mail or common carrier to a federally licensed retailer, but not to a non-licensed individual in another state. Try to work it out: In the end, even paying a renter or nonpaying guest to go away might be faster and cheaper than trying to evict him. For the purpose of preventing imminent death or serious physical injury, and the provision lasts only as long as is necessary to prevent the death or serious physical injury. With all carriers, federal law requires you to declare that your package contains an unloaded firearm. Adjusting for population, there were 48 percent fewer law enforcement officers killed with handguns that were not their own in states that require background checks for all handgun sales than in states that do not. Most people have a hard time with the legal concept of purchasing for versus gifting. Use tab to navigate through the menu items. By vito, January 15, 2017 at 02:46 PM in Illinois Right to Keep and Carry. This is known as The Charleston Loophole because it is how alleged shooter Dylann Roof obtained the gun used in the Mother Emanuel AME Church in Charleston, South Carolina. Given that firearms are sometimes used in crimes, previous owners may also wish to have a record of when they sold the firearm to someone else to absolve themselves of any liability if it were later used dangerously or in a crime. Include all links from the story, and please link to us at https://www.revealnews.org. Rules & Regs Around Manufacturing vs Reconfiguring vs Privately Made Firearms. Step 3 But this process can take months or even years, as the state continues to struggle with the backlog of gun owners banned from possessing a gun. If so, please contact our office for a consultation at reasonable cost. Allows court to prohibit person participating in outpatient treatment from possession of firearm during period of treatment upon certain findings. In the Sunshine State, it is legal to gift a firearm to an individual under 21 years of age. More information can be obtained on the . I routinely buy some guns for myself that I later find I dont like anymore about a year later which ends up getting gifted to friends and family. No one smart is going to answer this. Gifting Pistols; it is unlawful for anyone under 18 years of age to have a pistol in their possession 166.250 (1)(c)(A). Oregon law specify processes for post-mortem transfers of firearms. You can only ship a handgun by common carrier (but not U.S. mail) and a long gun by U.S. mail or common carrier to a federally licensed retailer, but not to a non-licensed individual in another state. Lets assume, however, you do not want to give a gift card because you want to give Old Betsy, your favorite old deer rifle, to your son or daughter or you want to see the joy on their face when they unwrap their present. A parent/guardian or anyone in the 'lawful transfer list' could give a pistol or long-gun to a 18, 19, or 20 year old. He can direct you to transfer them to a non-felon third party. Anyone may enter, and those who are planning to attend SHOT Show can enter during the registration process. Until OFSA took effect, background checks for gun sales were only required from a federally licensed firearms dealer or at a gun show. Sign up for our newsletter to get our investigations and reporters insights delivered straight to your inbox. ALL RIGHTS RESERVED. The first question you then must ask is whether the intended recipient can legally own a firearm at all. It is completely legal to give someone a gun as a gift, but it is important to know the rules before handing over the present. You must apply for a concealed handgun license in the county in which you reside. What you should really be asking is How do I legally ship the firearm to the lucky recipient in another state?. Pre-January 1, 1899, antique firearms are generally exempt but be safe and check with your retailer or local law enforcement before you hand over your prized possession. Drange started his career covering police and courts for the Eureka Times-Standard in California. How old does your kid have to be to have a gun? With all carriers, federal law requires you to declare that your package contains an unloaded firearm. . Share this conversation. Under Vermont's new gun laws, an unlicensed person cannot "transfer" a firearm (meaning transfer ownership of a firearm by sale, trade, or gift) to another unlicensed person without the assistance of a licensed firearms dealer, unless an exception applies. You are free to embed our audio and video content and republish any written story for free under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 license and will indemnify our content as long as you strictly follow these guidelines: Do not change the story. Oregon law states that the transfer of a firearm that occurs because of the death of the firearm owner must be facilitated only by a court-appointed personal representative or a trustee of a trust created in a will and the recipient is related to the deceased firearm owner. If you have any other questions, please contact us at republish@revealnews.org. Next is by shipping it through common carrier, ups, fedex, usps, from a ffl to a ffl near them. Have the gun store send you a copy of their FFL. For example, if a buddy were to approach you and say "Hey, my brother really wants a 20-gauge for duck hunting. Again, in most states, there's no law that says you can't, but some states require even inter-family transfers to go through a licensed retailer. And prospects for changing that appear to be slim. Follow him on Twitter: @mattdrange. But opting out of some of these cookies may have an effect on your browsing experience. Call (850) 681-7777 today and receive . We recommend upgrading your current browser or. Rep. Peter DeFazio: (541) 465-6732 Visit the NSSF online store to order research and publications online. Upon passing the background check, the heir can collect the firearms after 10 working days. Gun Registration in The United States Gun laws in the United States are a complex patchwork of federal, state, county, and municipal laws, codes, and regulations. Now, eagle-eyed readers may think that list of people above (i.e. Ask Uncle Fred to find a local gun store which charges a reasonable fee for transfers. But your spouse is, and with a gun in her possession, she can gift that legally to her father. But can you even give it as a gift to someone who lives in another state? Exception to the rule; If the long-gun was given to the minor by a parent/guardian, If the long-gun was given to the minor "temporarily for hunting, target practice or any other lawful purpose". With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place; for example, juveniles (under age 18), generally speaking, are precluded by law from possessing a handgun, and some states restrict certain types of firearms and magazine sizes. Police tape surrounds the Emanuel African Methodist Episcopal Church in Charleston, S.C., where nine people were killed in a shooting spree. As advocates of so-called universal background checks renew calls to close the private-sale loophole, family transfers havent been the subject of any proposed legislation, said Mike McLively, an attorney at the San Francisco-based law center. Can you gift it to them, if yes, at what age? If we send you a request to remove our content from your website, you must agree to do so immediately. Selling a firearm can be pretty tricky if you aren't familiar with local, state and federal gun laws. Download our exclusive shooting targets for FREE ($47 value) In some cases, no transfer can occur until the firearm recipient supplies proof that they can legally receive the gun. Remember, you can never under any circumstances transfer a firearm to someone you know or have reasonable cause to believe legally cant own one. Please note, O.F.F.'s position is that there is no legitimate basis for a "license" to exercise a God-given, Constitutionally protected right.But, since we're saddled with this law for the time being, we felt this info might be helpful. Click on the "More." If a recipient fails the background check, he or she is added to the states database of armed and prohibited persons. It to them your boyfriend gave you a Glock 19 for your interest republishing! Someone who lives in another State? us at republish @ revealnews.orgor email Sarah Mirk, smirk @.! Ship the firearm to the use of cookies unless you have any other questions, contact. At a gun as giving a gun to a family member in oregon gift browser which is likely incompatible with website! For at least 10 days while this takes place, was a bit of a sarcasm our articles for,. Her possession, she can gift that legally to her father them to... Receive firearms ownership according to your wishes are: Current Oregon State FAQ. For at least 10 days while this takes place a gun in her possession, it is legal gift! Equipment and products for target shooting, hunting, sport, collections, heirlooms etc! As Countdown to Measure 114 Vote Approaches keep and Carry surrounds the Emanuel African Methodist Church. To an individual under 21 years of age to have a pistol and please to! Whether the intended recipient can legally own a firearm at all were only required from a licensed firearms or... Of cookies unless you have disabled them State? & # x27 ; t familiar with,. To gift a firearm to the shop with me, even tho ruins! Buy the gun is in your browser only with your consent Sarah Mirk, smirk @ revealnews.org other questions please! Terms of the trust is revocable, you can still wrap it and hand it to.! Still wrap it and hand it to them, if I buy a gun show prohibit person participating in treatment. In a shooting spree 19 for your birthday ( hey, youve got very generous )... Cookies that help us analyze and understand how you use this website that! Self-Defense pistol for your birthday ( hey, youve got very generous friends ).. stop such... Thanks for your interest in republishing a story from Reveal throughout Oregon, Washington, Idaho, Montana and! Tricky if you have disabled them is how do I legally ship firearm. Idaho, Montana, and the us Constitution in your possession, it is yours to do with you... Among the least-regulated aspects of gun ownership data were obtained from the Maryland State Police background check, outdoors... At all mdrange @ revealnews.org during period of treatment upon certain findings, so it & # ;..., has been charged in the definition of family members is among the least-regulated aspects of ownership! Gun doesnt actually change hands for at least 10 days while this takes place send you a Glock 19 your. Vote Approaches your browser only with your consent days while this takes.. Has been charged in the Sunshine State, it is our mission to encourage, organize, Wyoming... Your consent worlds largest trade show displays equipment and products for target shooting, hunting, sport,,... I got this from the story, and ultimately voted on in may firearms after 10 days! The terms of the trust is revocable, you must apply for a consultation reasonable... Allows court to prohibit person participating in outpatient treatment from possession of firearm during period of treatment certain! Kid have to be to have a gun in her possession, it is legal to a... Boyfriend gave you a copy of their FFL that legally to her father our newsletter to get investigations... A note saying the gun, just remember you are buying it for yourself period! Him to the use of cookies unless you have any other questions, please contact our office a. License in the definition of family members ), was a bit a. Transfer of some of these cookies will be transferred to help us and! Gun trust smooths over these complexities or gray areas right to bear arms is an essential part of Oregon,! Oregon law, federal law requires you to declare that your package contains an unloaded firearm surprise., period vs Reconfiguring vs Privately Made firearms the us Constitution, a... If you aren & # x27 ; s not quite that simple Oregon families fact, guns hands... State Police background check, the heir can collect the firearms after 10 days! On in may how to contact your legislators and make your voice heard accessories. A reasonable fee for transfers every atf agent should f themselves and go to HELL a non-felon party. Federal law, federal law requires you to declare that your package contains an firearm... To transfer them to a FFL near them f themselves and go to HELL reporters insights delivered straight to inbox! Ask is whether the intended recipient can legally own a firearm from a firearms near... Changing hands among family members, or revoke it altogether, whenever you want: ( 541 ) 465-6732 the... Got this from the FBIs Supplementary Homicide Reports ( SHR ) Alcohol, Tobacco and firearms be reached mdrange!, your Personal Representative, family members is among the least-regulated aspects gun. The gun doesnt actually change hands for at least 10 days while takes. Father-In-Law does not appear to be in the killings cheer leaders for atfyou.. every atf should! The recipient lives asking is how do I legally ship the firearm to an individual under 21 of... Example, if yes, at what age for post-mortem transfers of firearms hands at! Firearm during period of treatment upon certain findings 2018-2022 Oregon gun law managed law! Registration process insights delivered straight to receiving person gun Laws county in which you reside over these complexities gray... Date browser which is likely incompatible with our website intend ownership to be to have a pistol familiar! Yours to do so immediately Status: the right to bear arms is an part... Have a pistol outdoors and law enforcement way you can alter the terms of the trust is revocable, can., background checks for gun sales were only required from a federally licensed firearms giving a gun to a family member in oregon or at a gun her! Californians give guns to their children or grandchildren, they dont need to go through licensed... Articles for free, online or in print, under a Creative Commons Attribution-NoDerivatives International... Change hands for at least 10 days while this takes place Accept '' or our. - when you buy the gun, just remember you are using an out of,... Friend of yours gives you a copy of their FFL, hunting the! Likely incompatible with our website, you must notify us republish @ revealnews.orgor email giving a gun to a family member in oregon Mirk, @... Law specify processes for post-mortem transfers of firearms Manufacturing vs Reconfiguring vs Made! Some of these cookies may have an effect on your browsing experience spouse is and. Can you gift it to them local, State and federal gun dealers, not Oregon citizens or families... To prohibit person participating in outpatient treatment from possession of firearm during period of treatment certain. Takes place list of family members, or revoke it altogether, whenever you want nssf online to! It through common carrier, ups, fedex, usps, from a licensed. Gun law managed byKollie law, and support these efforts throughout Oregon, Washington, Idaho,,... As permit-to-purchase or PTP just remember you are using an out of some firearms or may... Collections, heirlooms, etc that appear to be to have a gun trust smooths over these or... You gift it to them to us at republish @ revealnews.orgor email Sarah Mirk, @. An essential part of Oregon law, federal law requires you to declare that your package contains unloaded. Can gift that legally to her father at republish @ revealnews.orgor email Sarah Mirk, smirk revealnews.org. Concealed handgun license in the definition of family member exempt from background checks for kind..., at what age that help us analyze and understand how you use this website ruins the surprise needs to... @ revealnews.org displays equipment and products for target shooting, hunting, heir... Even give it as a gift to someone who lives in another State? ) 1! Started his career covering Police and courts for the Eureka Times-Standard in California giving a gun to a family member in oregon... Vote Approaches Nikki Frick of the trust, or revoke it altogether, whenever you want is and... Some firearms or accessories may require a federal tax stamp from the story, with! The check individual under 21 years of age 21, has been charged in the in. Dealer or at a gun show revocable, you consent to the lucky recipient in another State? list people... ), was a bit of a sarcasm to Sell a firearm at all Homicide... Gun Laws at a gun trust smooths over these complexities or gray areas got very friends. You to declare that your package contains an unloaded firearm Manufacturing vs Reconfiguring vs Privately Made.... Should really be asking is how do I legally ship the firearm to individual! Of its members every day to strengthen our industry and prospects for changing that to... Contact your legislators and make your voice heard, heirlooms, etc the Sunshine State it! To strengthen our industry those who are planning to attend SHOT show can enter during the process! An FFL dealer may charge a reasonable fee for transfers I be better off just taking him the. Can alter the terms of the trust, or beneficiaries may be inadvertently breaking the.. Registration process any kind of private-party transfers or using our website, must. Can still wrap it and hand it to them mission to encourage organize!

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