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Newslinks for 9/17/2005

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Gun groups up in arms
Submitted by: Bruce W. Krafft

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... "Most of the commentary on the situation in New Orleans concentrated on the under-reaction by various levels of government."

"The National Rifle Association and a lot of property-rights advocates believe that various levels of government overreacted when trying to come to grips with the aftermath of Katrina." ...

"Don't American citizens, they argue, have the right to protect their property? Can the government force law-abiding citizens out of their homes under threat of arrest or forcible removal?" ...

"From the point of the view of the NRA, the government had no right to take legally owned guns away from law-abiding homeowners. Period." ...
 

Military guns too accessible to public
Submitted by: Bruce W. Krafft

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"If I gave you $7,000 to spend on whatever you wanted, what would you buy? Seven thousand dollars may not be a huge sum of money, but it is still a significant chunk of change. I mean, you could buy a car, pay your room and board at EMU for the year, or have 70% of the buy-in for the World Series of Poker main event. The list is almost endless, but there is one item in particular that really struck me as surprising when I learned that my gift money could purchase it. It is the Barrett M82A1 sniper rifle, and for the fairly modest amount of seven grand, you could take one home today." ...
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Submitter's Note: First, list price of the M82A1 is $7,750. Then we need $800 or so for a good scope, then $1 - $2 a pop for surplus ammo, $4 - $7 a round for quality ammo ...
 

National Guard postpones national shooting tournament
Submitted by: Bruce W. Krafft

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"The Arkansas National Guard has postponed a national marksmanship competition that was to have been held at Camp Robinson next month because many in the military had been assigned to the Gulf Coast to help after Hurricane Katrina."

"The multi-service Winston P. Wilson National Championships are held each year at the North Little Rock camp. It traditionally draws 1,000 contenders from around the U.S. and its territories who compete in a week-long test of combat-based rifle, pistol, sniper and light machine gun disciplines."

"'Our focus right now is fixed on helping our neighbors overcome the tragedy of Katrina,' said Maj. Gen. Don C. Morrow, the adjutant general of Arkansas." ...
 

New ear guards keep hunters on game
Submitted by: Bruce W. Krafft

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... "Hearing protection was readily available when we were young shooters. We wore foam ear plugs or ear muffs - and sometimes both, if we were smart - on the rifle and trap ranges. Most of the time."

"Sadly, hearing protection wasn't an option for hunting."

"'In the old days, I'm ashamed to say I recommended not wearing hearing protection while hunting,' said hearing expert Bob Walker of Media, Pa. 'We felt it was more dangerous not to be able to hear a rattlesnake, a warning or another hunter. And we wanted to be able to hear the steps of a deer or the gobble of a distant wild turkey.'"

"Hunters thought one shot wouldn't make a difference. We were wrong." ...
 

NY: Insurer Not Required to Defend Homeowner Who Shot Intruder
Submitted by: D. Finlayson

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"A man who killed an intruder in his home in self-defense is not entitled to insurance defense in a wrongful death action, a divided Albany appellate panel ruled Thursday in a case of first impression."

"The split ... illustrates a debate that has divided courts across the country. The question is whether a homeowner's insurance policy provides coverage when an insured is sued for wrongful death stemming from a killing in self-defense. That question was apparently addressed for the first time Thursday by a New York appellate court."

"Justice John A. Lahtinen and three of his four colleagues strictly construed the insurance policy language in holding that an occurrence of justifiable homicide results from an intentional rather than accidental act. ... The action thus triggers the exception for incidents that are 'expected or intended' by the insured, the panel found." ...
 

MI: Stand fast II: Properly modified, gun bills still deserve Michigan passage
Submitted by: Bruce W. Krafft

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... "Michigan residents who act in self-defense in their homes or vehicles should have broad immunity from criminal prosecution or civil lawsuits."

"The so-called 'Castle Doctrine' is a long-held principle of English common law. If you're threatened or attacked in your home, you have the right to fight back. House Bills 5142-43 would codify this well-established principle." ...

"But, by copying the Florida model, the Michigan legislation extends self-defense immunity to public places. Some Florida law enforcement officials fear that state's law would provide a defense for, say, a drug dealer who shoots a rival on the street, claiming afterward he felt 'threatened.'" ...
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Submitter's Note: Getting it wrong again! The bill specifically states "A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be ..." so a 'drug dealer' shooting 'a rival on the street' would have to convince a jury that s/he was not be engaged in wrongdoing, had been attacked or 'reasonably believed' that they were going to be attacked.
 

Hunters - The sometimes misunderstood species
Submitted by: Bruce W. Krafft

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"The misunderstanding of hunting often brings harassment, lawsuits and misinformed politicians to the forefront. Despite being one of Americas heritage sports, hunting also has thousands of participants who are dedicated conservationists and who practice preservation religiously."

"Oh, I know there are hunters who always seem to do the wrong thing and tend to make hunting look bad to the uninformed. But those numbers are few." ...

"What can we do as hunters? Go out and buy another rifle, shotgun or pistol and join groups that are keeping our American heritage alive, like the National Rifle Association and the National Shooting Sports Foundation. ..." ...
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Submitter's Note: Or join JPFO, SAF, GOA, CCRKBA, KABA.com . . .
 

NH: Neighbors say man was shot, killed during break-in
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"A Fremont man was shot to death about 1:45 a.m. yesterday at a home at 80 Pine St. in a case that neighbors say may be connected to a string of break-ins."

"Bryan J. Gaedtke, 21, was carried in a body bag from the single-family house a block from the Rochester Fairgrounds. State Attorney General Kelly Ayotte's office is investigating the case with Rochester police; they disclosed few details yesterday."

"But neighbors said they believed a resident of the home shot Gaedtke because he broke into the house in the middle of the night. A second-story window screen in the rear of the house was damaged." ...
 

VA: Jurors acquit lawyer-cattlemen in neighbor's slaying
Submitted by: Bruce W. Krafft

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"A jury Friday found a lawyer-cattleman not guilty in the slaying of a neighbor, concluding he was acting in self defense when the 74-year-old neighbor came after him with a 3-foot stick."

"Jurors deliberated five hours before returning their verdict in the first-degree murder trial of John Ames. He was on trial for the April 2004 killing of Perry Brooks, a man with whom he had feuded for 15 years."

"One juror said the panel agreed with Ames' lawyer--that he was fearful for his life. She said jurors were initially divided on a lesser charge and acquittal, but felt the law was clear and sided with Ames' version of events." ...
 

OH: National City Bank Robbed
Submitted by: Anonymous

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"Cincinnati Police are trying to sort out a bank robbery that may involve two crooks. Around 9:30 am , two armed men entered the National City Bank at the corner of Beechmont and Campus Lanes. That's in the same block as the Mount Washington water tower. One customer and the bank manager were assaulted."

"The suspects fled the bank and may have left in a white Ford Expedition. A red dye pack in the money bag may have exploded." ...
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Submitter's Note: National City Bank is "gun free", but the sign on the door didn't stop the thugs.
 

ID: Clark Fork shooting victim identified (follow-up)
Submitted by: Bruce W. Krafft

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"Bonner County Sheriff's officials released the name of a Clark Fork man who was shot to death after allegedly attacking a woman earlier this week."

"Christopher Michael Schmidt, 42, died after being shot once in the chest with a .380-caliber handgun, according to Sheriff's Capt. John Valdez."

"The shooting occurred shortly after 9 p.m. outside Schmidt's home in the 200 block of East Mountain View Road, which is north of Clark Fork."

"Schmidt is registered in Idaho as a sex offender, although authorities do not believe the listing was a factor in his slaying. Detectives said the killing appears to have been done in self-defense." ...
 

UK: Uproar in court as crossbow killer walks free
Submitted by: Bruce W. Krafft

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"A TEENAGER who shot a young dad dead with a crossbow bolt through the heart, after a love feud spiralled out of control, has been freed amid uproar at the Old Bailey."

"The court heard that, in the weeks running up to the shooting, Jimmy Hewett had threatened to rape Danny Collard's mother and murder his baby nephew."

"A jury accepted that Collard, 18, killed Hewett, 21, in self-defence ..." ...

"Police this week told the court that dozens of death threats and abusive phone calls had been made to the Collard family home in the weeks leading up to the shooting - apparently from Hewett."

"After the case Croydon Police defended their decision not to have previously arrested Hewett, stating that an investigation had not been concluded." ...
 

TN: Officials handled gun incident in right way
Submitted by: Bruce W. Krafft

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, a campus is going to be vulnerable. A thousand students can go to class each day and do what they are supposed to. It takes just one to mess it up for everybody else."

"Students come to school from homes that range from stable to highly unstable. They come to school hungry, irritable, angry, lacking sleep, bruised from beatings, wounded from neglect. While we may know one day what made the Pigeon Forge High student come to school Tuesday with a loaded 9 mm handgun ..." ...
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Submitter's Note: Or, instead of going the barbed wire/metal detectors route, just allow every man, woman and responsible child to exercise their G-d given, human, civil and Constitutional right to bear arms.
 

TN: Future of teen unsure (follow-up)
Submitted by: Bruce W. Krafft

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"Police were still unsure Wednesday as why a 17-year-old Pigeon Forge High School student brought a gun onto campus the previous day, but police say it appears the teenager had taken a prescription tranquilizer."

"The student had already been taken aside because school officials had noticed he appeared to be under the influence of a drug, Pigeon Forge Police Chief Jack Baldwin said." ...

"The student had apparently taken Xanax, Baldwin said. The student had a prescription for the tranquilizer, he added." ...

"Authorities have charged the student with carrying a gun while under on school property, possession of a gun under the influence and resisting a search." ...
 

TX: Boy gets probation for gun in classroom
Submitted by: Bruce W. Krafft

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"A 12-year-old Alvin boy who brought a loaded pistol to school only to have it go off in a classroom was sentenced to probation Thursday."

"The boy was wounded in the leg when the gun went off Jan. 17 at Passmore Elementary School in Alvin. No one else was hurt."

"Brazoria County Court-at-Law Judge Marc Holder sentenced the boy, whose identity is being withheld because he is a juvenile, in a closed hearing. The boy will be on probation until he turns 18."

"The boy has been in Brazoria County’s boot camp for juvenile offenders for the past several months, though the exact time was not made public." ...
 

TX: Gun law stumping officials
Submitted by: Bruce W. Krafft

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"In what seems like a bad punch line, a new law intended to clarify when Texans can legally have handguns in their vehicles has further confused the issue." ...

"For years, Texans have had the right to carry handguns in their vehicles as long as they are traveling. But since neither the Legislature or the courts defined what 'traveling' was, different jurisdictions enforced the law in different ways." ...

"To stop that uneven application of the law, Rep. Terry Keel, R-Austin, authored House Bill 823 this spring. It says people are presumed to be traveling as long as they are in a private vehicle, are not engaging in criminal activity ..." ...
 

LA: Rule of law returns at wrong time, place
Submitted by: Bruce W. Krafft

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"Even before floodwater submerged 80 percent of the city and looters threatened the remaining 20, it was legal for anyone to openly carry a firearm in New Orleans."

"As a liberal softie who likely would’ve never survived the first chaotic days in post-Katrina New Orleans, I’ve always been a little alarmed by what I consider lax gun control restrictions in our country."

"That said, I have to say that gun control efforts in the United States are stalled for at least 10 years." ...

"The mantra of National Rifle Association alarmists has long been 'if you outlaw guns, only outlaws will have guns.'"

"Except for property protected by upstanding citizens with their own firearms, the outlaws sacked a major American city." ...
 

VA: Small N.Va. Town's Top Officer Disarmed by Restraining Order
Submitted by: Bruce W. Krafft

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"For the past two weeks, Sgt. Gregory Breeden has been running the tiny Haymarket Police Department in Prince William County. But he's been doing it without a gun."

"Breeden lost his right to carry a weapon when his estranged wife accused him of trying to break down their kitchen door with a hatchet and making threats against the family. A judge on Sept. 1 ordered Breeden to stay away from his family, at least until a hearing on the matter today. In Virginia, anyone given a protective order -- even a police officer -- is prohibited to carry a weapon."

"The hatchet incident is the latest controversy to confront Breeden and the nine-officer department in the past two months. ..."
 

FL: Mistrial declared in 'road rage' case
Submitted by: Bruce W. Krafft

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"A lawsuit filed over the death of a man shot by a Lee County Sheriff’s deputy during a road rage incident ended in a mistrial Friday after jurors said there was 'no way' they could reach unanimous decision." ...

"Mark Steven Fitch Jr ... was shot to death on ... after he became enraged in traffic, got out of his van and began swinging a 16-inch metal bar against a Dodge Intrepid owned by sheriff’s Cpl. Chad Edwards."

"Two witnesses testified Fitch was backing away from the car when Edwards shot him. One of them said Fitch had already put the metal bar on the ground."

"Edwards gave a different account, saying Fitch had raised the bar over his head and was about to swing it again when he fired his .40-caliber pistol." ...
 

Australia: Troops busted for drug use
Submitted by: Bruce W. Krafft

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"The soldiers, from Robertson Barracks near Darwin, are believed to have tested positive to cannabis and ecstasy."

"The Northern Territory News understands several soldiers stationed at the barracks returned positive samples after drug tests earlier this month."

"The soldiers could face disciplinary action or be forced to leave the army." ...

"Last year police were concerned weapons missing from the barracks could have been stolen from the barracks could be sold to feed soldiers' drug habits and reach organised crime syndicates."

"Two Steyr automatic rifles, a semi-automatic pistol and ammunition were among the missing weapons."
 

South Africa: Firearms Registry slammed for 'ineptitude'
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

Badly trained officers and massive licensing backlogs formed part of a litany of complaints over the new gun laws that were levelled at officials appearing before a parliamentary committee on Wednesday.

The head of the Central Firearms Registry, Director Jaco Bothma, said "masses" of applications were rolling in to the Firearms Registry.

Bothma said the police were not unduly concerned about the delays.

Of the 20,397 applications for competency certificates received since January, 3,937 had been finalised.

More than 4,200 applications had been received for firearm licences, 813 of which had been processed.
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Submitter's Note: Looks like it is working exactly as intended.
 

Australia: 'Overtime' ruled out police probe
Submitted by: Bruce W. Krafft

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"A SENIOR police officer refused to order an investigation into a suspected double murder because overtime costs would blow out the budget."

"A former Queensland detective claims the officer, after arriving at the crime scene and seeing the bodies of Vicki Arnold and Julie-Anne Leahy in Leahy's 4WD vehicle on a bush track near Atherton in 1991, declared the case an open-and-shut murder-suicide, and told subordinates to keep their theories of a double murder to themselves."

"Bill Hendrikse has broken his 14-year silence in an exclusive interview with The Weekend Australian about the baffling case, which has been the subject of five inquiries and two coronial inquests." ...
 

WI: Legislation would make citizens safer (first three letters)
Submitted by: Bruce W. Krafft

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NOTE:
Use the following information to access this article:
Site username: Newslinks@KeepAndBearArms.com
-------

"I was not surprised by the editorial position that the Journal Sentinel took regarding Wisconsin's pending concealed-carry legislation, namely that more guns would lead to more violence ("It's baaack. Make it go away," Sept. 8)."

"Your premise is simply not true. In every state in which concealed-carry legislation has been passed, the predicted violence never occurred. In fact, in many such states, gun violence has gone down. In addition, citizens who take responsibility for their own safety by getting a concealed-carry permit for a firearm are in fact dramatically less likely to commit violence with a firearm than is the general public." ...
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Submitter's Note: And regardless of whether any of this is true, in the words of L. Neil Smith, "Every man, woman and responsible child has an unalienable individual, civil, Constitutional and human right to obtain, own, and carry, openly or concealed, any weapon -- rifle, shotgun, handgun, machine gun, anything -- any time, any place, without asking anyone's permission."
 

NY: Gun Club Sets Sights on New Site
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"For the last 32 years, Central New York Rod & Gun Club members have shot more than 300,000 rounds of lead ammunition into wetlands."

"By spring, members will be firing on a new shooting range, away from Peter Scott Swamp in Pennellville." ...
 

ID: Commentary: Memories of days spent at - the shooting range
Submitted by: Bruce W. Krafft

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"As I was growing up, my father was often out of town. He worked hard to support his family, but his job kept him on the road 20 weeks of the year. His two boys often felt the hole in the family with him gone, but we loved him and knew he was doing what he had to do. When Dad did come home, there was one sure way he knew to show his love. He took his boys hunting."

"My brother, being the oldest, was the first to benefit from Dad's enjoyment of the outdoors. I remember sitting at the front window watching as they would pack a rifle or two into the family car, pull out of the driveway and disappear for hours. I envied his time with Dad, but the answer was always the same: 'Your time will come.'" ...
 

MN: Minnesota DNR Expects Good Year for Deer
Submitted by: Bruce W. Krafft

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"With more than 1 million whitetails in the state, Minnesota's 500,000 deer hunters have been enjoying some of their best seasons ever."

"This year should be no different according to wildlife managers with the Minnesota Department of Natural Resources (DNR)."

"Statewide, the deer herd numbers 1.2 million, similar to last year when hunters harvested 260,600 deer, the second highest harvest on record. Hunters will also have additional opportunities to harvest deer, thanks to regulation changes."

"'Hunters are our best tool for managing the state's deer populations and we're making it easier for them to harvest antlerless deer where densities are high,' said Lou Cornicelli, DNR big game program coordinator. ..." ...
 

OH: Associated Press botches initial coverage of Ohio firearms legislation (BFA)
Submitted by: Buckeye Firearms Association
Website: http://www.buckeyefirearms.org

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"In the hours after we broke the story that Rep. Aslanides would be introducing a sweeping firearms law reform bill, Associated Press writer John McCarthy began making phone calls to prepare a story."

"Early in his interview with Buckeye Firearms Association Chairman Jim Irvine, it became obvious that McCarthy had not read the legislation. And unfortunately for McCarthy and wire service subscribers who published the story he prepared, the resulting factual errors begin not in the first paragraph, but in the headline itself." ...
 

MT: Hunting holds steady in Montana
Submitted by: Bruce W. Krafft

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"It started last weekend with shotguns and dogs, camouflage and broadhead arrows."

"It won't wrap up until February, with the last of the surplus harvests of elk."

"Hunting season lasts a long time in Montana, from the waning days of summer to the dark depths of winter. In this state, a person with enough time and money, skill and energy can fill every freezer on the block."

"The Montana Department of Fish, Wildlife and Parks will offer up to 99 doe deer tags per person this year. Hunters can also buy a handful of antelope tags and an extra elk tag. They can legally kill pheasants and ducks as quickly as they can eat them." ...
 

MI: Green Oak residents frustrated by lack of action on shooting range permit
Submitted by: Bruce W. Krafft

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"About 50 residents, most of whom live near the Island Lake State Recreation Area Shooting Range, attended a Green Oak Township Planning Commission on Tuesday but came away angry at the lack of action."

"The meeting, a continuation of an August hearing, was to decide whether a special use permit allowing the shooting range should be revoked. For the second time, it ended without resolution."

"'As a member of the original rifle range committee (appointed by the township), I'm disgusted,' said Green Oak township resident Jim Fackert."

"Fackert said the township's sound expert ... presented data showing the DNR was in violation, but the DNR has not presented any evidence to the contrary. ..." ...
 

CA: Mountain man treks north
Submitted by: Bruce W. Krafft

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"Walking in moccasins with soles made of mud flaps, packing weaponry forged in the 1800s and flanked by two pack mules, Three Feathers heads for Lake Tahoe and love."

"'I'm just your plain old mountain man and I'm coming from one rendezvous to go up north to another to be with my senorita,' the 55-year-old Three Feathers said."

"As curious motorists passed him as he walked north on Highway 395 Thursday, some stopped long enough for Three Feathers to ask them to run up to the store for him and grab a soda and a smoke."

"'It's hard walking into a store with a gun on your hip,' he said grabbing the handle of a .62-caliber northwest trade pistol tucked into the rope wrapped around his waist." ...
 

Canada: Don't blame U.S. for gun crime: Wilkins
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Canadians shouldn't blame their southern neighbour for the spike in gun-related violence in Toronto, says the U.S. ambassador in Ottawa."

"Any urge to point the finger at the U.S. for weapons smuggled across the border is simply misguided, U.S. Ambassador David Wilkins diplomat said Thursday. 'I don't think it's fair,' he told The Canadian Press in an interview."

"Canadians seeking a scapegoat should look in the mirror, he suggested." ...
 

 QUOTES TO REMEMBER
Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction. — St. George Tucker, in his edition of 'Blackstone's Commentaries,' 1:300 (1803).

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