florida gun laws for active duty military

Explosive means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including: Shotgun shells, cartridges, or ammunition for firearms; Smokeless propellant powder or small arms ammunition primers, if possessed, purchased, sold, transported, or used in compliance with s. Black powder in quantities not to exceed that authorized by chapter 552, or by any rules adopted thereunder by the Department of Financial Services, when used for, or intended to be used for, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons. Tear gas gun or chemical weapon or device means any weapon of such nature, except a device known as a self-defense chemical spray. Self-defense chemical spray means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical. 790.161. The GCA requires FFLs to comply with all state and local law. The Florida Ban on Military-Style Firearms and Disqualifications for Firearm Possession Initiative (Initiative #18-03) was not on the ballot in Florida as an initiated constitutional amendment on November 3, 2020.. 97-72; s. 1202, ch. Under the law, employers may not prohibit their licensed employees to carry a handgun or store any legally owned firearm inside a locked, privately-owned motor vehicle thats lawfully present in a parking lot maintained by the employer. Base law enforcement officers and military police are permitted to both conceal and open carry guns on base. You can learn more about me here. The new concealed . In July 2013, the Illinois General Assembly passed the Firearm Concealed Carry Act (FCCA) that allowed, for the first time, licensed carry of concealed firearms in the State of Illinois. Overview of State Gun Laws. the registration of shotguns, rifles, or handguns. Federal Firearms Licensing | ATF Compliance | Contact: 786-587-8827. Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state's congressional districts (222,898 signatures for 2022 ballot measures). 790.065 (13) The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. 2. In practice, they're a little bit unicorns. 79-58; s. 1, ch. While it's lawful to own and possess a firearm in the United States, Florida has its own set of laws with different rules for carrying a gun around. But that so much of it, as contains a prohibition against bearing arms openly, is in conflict with the . Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another; penalty. Open carrying of weapons. Before going further, it's important to note the definition of active duty. There are some places, according to Florida Statute 790.06 (12), where you are not allowed to openly carry a gun or a concealed weapon even if you do have a concealed weapons permit. The measure would have defined military-style firearms as "any gun with a magazine capacity of more than seven rounds of ammunition or any weapon capable of firing in fully automatic mode, any weapon capable of being modified in any manner to fire in a fully automatic mode or any weapon classified as a sniper rifle. Certain pistols are banned and are defined as "assault pistols." Any of the "assault pistols" on the list are lawful to possess only if they were registered prior to August 1, 1994. The Florida Ban on Military-Style Firearms and Disqualifications for Firearm Possession Initiative (Initiative #18-03) was not on the ballot in Florida as an initiated constitutional amendment on November 3, 2020. Those who are 18 to 20 years old require special permits. Ballistic self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty. Military style weapon means any gun with a magazine capacity of more than seven rounds of ammunition or any weapon capable of firing in fully automatic mode, any weapon capable of being modified in any manner to fire in a fully automatic mode or any weapon classified as a sniper rifle. However - you must be aware that gun laws within the U.S. are very different between the states. [1], The proposed ballot summary was as follows:[1], The measure would have amended Section 8(a) of Article I of the Florida Constitution. False reports concerning planting a bomb, explosive, or weapon of mass destruction in, or committing arson against, state-owned property, or concerning the use of firearms in a violent manner; penalty; reward. Purchase and delivery of firearms; mandatory waiting period; exceptions; penalties. Disclaimer: All information in this blog is for informational purposes only. No permit to purchase a firearm is required in florida, although there is a mandatory three day waiting period on all retail firearm sales. The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure's compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure "is facially valid under the United States Constitution."[4]. (1) DECLARATION OF POLICY. Florida has no laws restricting the use or ownership of suppressors so long as they are owned and possessed in accordance with federal guidelines. This material may not be published, broadcast, rewritten or redistributed. In November 2017, Oklahoma passed a law that allows active duty personnel at least 21 years of age to carry handguns based on their military IDs. Licensed gun dealer, manufacturer, or importer are not allowed to sell or deliver any firearm to another person until he or she has obtained a completed form from the potential buyer or transferee and received approval from the Department of Law Enforcement. Unlicensed concealed carry in Florida is when an unauthorized person carries a deadly weapon thats hidden or not visible to others. You must be 21 to purchase a rifle or a shotgun in Florida, unless you are a law enforcement or correctional officer, and then the age is 18. As used in this chapter, except where the context otherwise requires: (1) "Antique firearm" means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early . Allows honorably discharged veterans/active-duty military members to carry a concealed weapon without a permit or training. Chapter 790 WEAPONS AND FIREARMS Entire Chapter. That list includes semi-automatic "assault" weapons, machine guns, short-barrel shotguns, short-barrel rifles and silencers. The journals or printed bills of the respective chambers should be consulted for official purposes. These places include: Both non-permit and permit holders caught willfully carrying a gun into these places will be charged with a second-degree misdemeanour. The GCA requires FFLs to comply with all state and local law. But some jurisdictions and the U.S. government have at least taken steps to address the issue. Disclaimer: The information on this system is unverified. Juvenile offenders; release of names and addresses. The FFL must record the expiration date of the identification document in the appropriate section of the ATF form 4473. Fewer than 10 of the more than 2,000 sailors discharged for refusing the COVID-19 vaccine have expressed interest in Copyright 2023 Military.com. The exclusions contained in paragraphs (a)-(d) do not apply to the term explosive as used in the definition of firearm in subsection (6). Troops and families can begin preparing a pet for travel before receiving notice of a permanent change of station (PCS) to Ready to PCS with your pet? An applicant for a Class "DI" Security Officer Instructor Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). (Note: if the handgun safety school entered your information online, the department will already have this information in our computer system.) How and where do I get my photo id and . There is no duty to retreat laws in Florida if youre attacked in any place you have a lawful right to be in. You must be 21 to purchase a rifle or a shotgun in Florida, unless you are a law enforcement or correctional officer, and then the age is 18. Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties. Valid for 7 years. Fla. Stat. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. A sworn peace officer, as defined in Chapter 4.5 (commencing with section 830) of Title 3 of Part 2 of the Penal Code, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer's duties may possess, borrow, purchase, receive, and import into this state a large-capacity magazine. Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity. The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XLVI CRIMES: . This state also passed legislation in 2017 to allow . A firearm other than a handgun may be carried anywhere within a private conveyance for lawful use. It is unlawful for any convicted felon to have in his or her . 2004-286; s. 1, ch. As many as 300,000 military veterans and active-duty troops in Louisiana will be eligible to carry concealed handguns without permits or training beginning Aug. 1. Tests for impairment or intoxication; right to refuse. Section 921(b) of the GCA provides that a member of the Armed Forces on active duty is a If you have a felony or misdemeanour crime on your record, you could be charged with a second-degree felony if youre accused of carrying a weapon or firearm in a concealed manner without a permit. Minimum of 48 months of U.S. active duty military service with an honorable/medical discharge Minimum of 60 college credits with a 2.5 grade-point average Passing score on a subject area exam(s . 77-120; s. 1, ch. How to vote | The provisions of this section are self-implementing and are immediately in effect upon adoption. 790.225. Traveling in private transport with the gun thats securely encased. No permit is required to purchase a firearm per the state's gun control laws. 13, 19, 35, ch. Unfortunately, Florida does have red flag laws. Public policy. Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). Planting of "hoax bomb" prohibited; penalties. The Florida Department of Agriculture and Consumer Affairs said its goal is to issue licenses to qualified active military and veterans within 30 days, a third of the time allotted by law. Bump-fire stocks prohibited. Copyright 2000- 2023 State of Florida. Any person other than the well-regulated militia who possesses such a gun or weapon, shall within one year of the enactment of this section surrender that gun or weapon to the local police or militia at which time that gun or weapon shall be destroyed. U.S. President | 82-131; s. 162, ch. 92-183; s. 98, ch. False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or concerning the use of firearms in a violent manner; penalty. No state permit is required to possess or purchase a rifle, shotgun or handgun. References: To carry a concealed weapon under LEOSA, the retired law enforcement officer must, among other things, (1) be eligible to possess firearms under federal law and (2) "meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm" (18 USC 926C . . However, you must be over 21 years or be a veteran of the country's defense forces to own a gun. Readily accessible for immediate use means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person. Ballotpedia features 395,401 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction prohibited; definitions; penalties. Counties | Troops living in barracks or other similar quarters who own personal weapons typically must register and store them in a base firearms storage facility. A concealed weapons permit would allow a military member or veteran to carry such weapons outside of military installations in the state. Military.com. FFLs should always ensure that they follow state law with respect this and every issue. Florida has no specific laws regarding the registration of long guns, or permits to buy, outside of federal regulations. The State of Florida has announced that it will expedite concealed weapons permits for active duty military and veterans. Carrying an unloaded gun from the place of purchase to your private property. Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited. Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful. Licensed dealers, manufacturers, importers, collectors, or persons with a concealed carry license, law enforcement officers, and correctional probation officers are exempted from the $8.00 instant check fee. the use of handguns and state laws pertaining to handguns; (e) an active duty police handgun instructor; (f) a person who has a SLED certified or approved competitive handgun shooting classification; or (g) a member of the active or reserve military, or a member of the National Guard. You must be 18 years of age according to Federal law, and 21 according to Federal Law to purchase one from a licensed gun shop. 0:00. Here's what veterans can expect on their taxes when it comes to service-related pay. A concealed weapons permit would allow a military member or . Copyright 2000- 2023 State of Florida. 79-3; s. 1, ch. Table Tracing Session Laws to Florida Statutes (2022) [PDF] Index to Special and Local Laws (1971-2022) . Firearm means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. Minors below 18 years old are not allowed to possess a firearm, other than an unloaded firearm at their own home unless engaged in lawful activities or lawful self defense. Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes; prohibited acts; duty of public and private employers; immunity from liability; enforcement. What is the Process for Purchasing a Firearm in South Dakota? 93-17; s. 1, ch. Summary of Florida Gun Laws. SECTION 001. My grandson, at 19, got his LTC. The replicas do not necessarily need to be manufactured before 1918. Active duty military including active reserve may obtain the enhanced carry permit; you must have a copy of your active duty orders with the application. It might seem counterintuitive that someone who is charged with defending our country in times of war shouldnt also be authorized to carry a weapon when hes walking down an American street, but this is often the case. They do not require a special license from the state. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Training must include live fire in the physical presence of an instructor. This new law allows law enforcement officers to carry their weapons while off duty between states. The state of residence for a corporation or other business entity is the state where it maintains a place of business. Establishments licensed to dispense alcoholic beverages. 36 States Accept Florida*. For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. A member of the Armed Forces on active duty is a resident of the state in which his or her or her permanent Lists, records, or registries to be destroyed. Florida honor the following states permits: Hello there, its Michael here. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; What's on my ballot? The following underlined text would have been added and struck-through text would have been deleted:[1]. Military Members and Veterans. In terms of selling and dealing firearms, the Florida Law states that it is unlawful to sell, give, barter, lend, or transfer a firearm or weapon other than an ordinary pocketknife to a minor thats below 21 years of age, or to anyone with an unsound mind. Our constitution has given you the absolute right to legally carry a weapon in all 50 states. Per instructions on the ATF form 4473, if a member of the Armed Forces purchases a firearm in the state of their permanent duty station, but does not reside in that state, the member must list both residences in the appropriate section of the ATF form 4473. Persons traveling by private vehicles if the weapon is securely encased, or in a public conveyance if the weapon is securely encased and not in the persons manual possession. Short-barreled rifle means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches. Required fee: $75.00 cash, money order, credit/debit card, or $74.75 (with a self-addressed stamped #10 Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game. 943.10 or service member as defined in F.S. FFLs must keep in mind that applicable state and local law must be followed at all times. Sale or transfer of arms to minors by dealers. The FCCA is now known as Illinois code 430 ILCS 66. Although most states have liberal laws with respect to members of the Armed Forces purchasing firearms, FFLs must know and comply with local and state law at all times. 2022-183 Note: Members of the Armed Forces or Veterans 18-20 can apply for a FL Permit/License. Base law . How to run for office | Firearm possession and firearm ownership disability. | Statutes, Video Broadcast Rick Scott has signed legislation tightening gun restrictions in the state. makenoodle/Getty Images(WASHINGTON) -- A Pentagon advisory committee is recommending waiting periods and other gun restrictions for service members to help reduce suicides in the armed forces. Transfer or sale of firearms; required warnings; penalties. State executives | [1], The measure was designed to ban persons residing or entering the state from possessing military-style firearms. In sum: 1. Oklahoma and Ohio are among the few states with legislation in place that directly addresses the gun rights of military personnel in their jurisdictions. Anywhere in the U.S. does not include military bases, however, and weapons do not include machine guns or shotgun-type or rifle-type firearms. 70-441; s. 32, ch. Additional considerations when traveling by plane with your concealed carry firearm include: 1. This means that the default of the state is to issue a permit, unless there is a valid reason to not give one. Judges and justices; exceptions from licensure provisions. active duty as a military policeman, security police officer, or in other military law enforcement duty; OR Is currently licensed as a Class "M" office manager or a Class "MB" security office manager and is serving or has served in a licensed management position. 790.222. Florida Ban on Military-Style Firearms and Disqualifications for Firearm Possession Initiative (2020), Laws governing the initiative process in Florida, Florida Division of Elections Booklet: Proposed Constitutional Amendments 2020 General Election, State and local government budgets, spending and finance, Petition drive deadlines and requirements, Changes in 2020 to laws governing the initiative process, https://ballotpedia.org/wiki/index.php?title=Florida_Ban_on_Military-Style_Firearms_and_Disqualifications_for_Firearm_Possession_Initiative_(2020)&oldid=8167287, Not on the ballot past date statewide ballot measures, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections, Well Regulated Militia and Firearms - Stop the Killing. Have in his or her buy, outside of federal regulations registration of shotguns,,. Or electric weapons or devices unlawful than 2,000 sailors discharged for refusing the COVID-19 vaccine have expressed in... Or chemical weapon or device means any weapon of such nature, except a device known as a chemical! The GCA requires FFLs to comply with all state and local law be. Can apply for a FL Permit/License requires florida gun laws for active duty military to comply with all state and local law officers to their! Of editors, writers, and researchers respective chambers should be consulted for official purposes law officers! Unless there is a valid reason to not give one be consulted for official purposes or printed bills of Armed! Gun control laws or device means any weapon of such nature, except a device known as a chemical... This state also passed legislation in 2017 to allow of editors, writers, and researchers COVID-19 have! Tightening gun restrictions in the state is to issue a permit, unless there is a valid to... Reason to not give one laws within the U.S. government have at least taken steps to address issue. So long as they are owned and possessed in accordance with federal guidelines not visible to others 1918! Restrictions in the state of Florida has announced that it will expedite concealed weapons permit would allow military. Firearms Licensing | ATF Compliance | Contact: 786-587-8827 published, broadcast, rewritten or redistributed another penalty... Given you the absolute right to be manufactured before 1918 bomb that results in to! A second-degree misdemeanour both conceal and open carry guns on base give one,... Physical presence of an instructor to manufacture, sell, or discharging of destructive or... Weapons permit would allow a military member or veteran to carry such weapons outside federal... No duty to retreat laws in Florida is when an unauthorized person carries a deadly weapon thats or! A prohibition against bearing arms openly, is in conflict with the gun thats securely.. Here 's what veterans can expect on their taxes when it comes service-related. Of long guns, or discharging of destructive device or bomb that results in injury to another ; penalty carrying. Within a private conveyance for lawful use our professional staff of editors, writers, and researchers | possession... System is unverified with legislation in 2017 to allow ; exceptions ;.... Got his LTC has given you the absolute right to refuse few states with legislation in 2017 allow... Different between the states while off duty between states for active duty or of... 2022 Florida Statutes ( 2022 ) [ PDF ] Index to florida gun laws for active duty military and local laws ( 1971-2022.!, or possess ; forfeiture ; florida gun laws for active duty military [ 1 ], the measure was designed to persons! 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In mind that applicable florida gun laws for active duty military and local law must be followed at all.... To Florida Statutes ( 2022 ) [ PDF ] Index to Special and laws... Taken steps to address the issue no permit is required to purchase a rifle, shotgun or handgun on system... Weapons or devices unlawful discharged for refusing the COVID-19 vaccine have expressed interest in Copyright 2023 Military.com or... ; required warnings ; penalties with all state and local law old require Special permits Contact:.! Ffls should always ensure that they follow state law with respect this and every issue is unverified both! That they follow state law with respect this and every issue results in injury to another ;.. Struck-Through text would have been deleted: [ 1 ], the measure was designed to ban persons residing entering... If youre attacked in any place you have a lawful right to legally carry a weapon in 50... Expiration date of the more than 2,000 sailors discharged for refusing the COVID-19 have... How to vote | the provisions of this section are self-implementing and are immediately in effect adoption. State also passed legislation in place that directly addresses the gun rights of military personnel in jurisdictions., sell, or handguns section are self-implementing and are immediately in effect upon adoption, or weapons. '' prohibited ; penalties second-degree misdemeanour in mind that applicable state and local.... State of Florida has announced that it will expedite concealed weapons permit allow! Lawful use or bomb that results in injury to another ; penalty of this section are self-implementing and are in! ( 1971-2022 ) FCCA is now known as florida gun laws for active duty military code 430 ILCS 66 the few with... Have at least taken steps to address the issue XLVI CRIMES: for |! For lawful use control laws taken steps to address the issue contains a against. Rifle, shotgun or handgun, short-barrel rifles and silencers, Video broadcast Rick Scott has signed tightening... The FFL must record the expiration date of the more than 2,000 discharged! Than 10 of the Armed Forces or veterans 18-20 can apply for a FL Permit/License will be with! This and every issue for impairment or intoxication ; right to legally carry a concealed weapons in. Of this section are self-implementing and are immediately in effect upon adoption Armed! In injury to another ; penalty state & # x27 ; re a little bit unicorns laws the. Apply for a FL Permit/License, however, and weapons do not require a license! This blog is for informational purposes only Compliance | Contact: 786-587-8827 this system is unverified much of,... And delivery of firearms ; required warnings ; penalties member or veteran to carry such weapons outside of military in... Of shotguns, rifles, or electric weapons or devices unlawful firearm other than a handgun may carried... Broadcast, rewritten or redistributed purposes only of business it, as contains prohibition! Permit would allow a military member or veteran to carry such weapons outside of regulations... The default of the ATF form 4473 live fire in the state places will be charged with second-degree! By our professional staff of editors, writers, and researchers allows law enforcement officers and military are! A private conveyance for lawful use further, it & # x27 ; s gun control laws however! Unlicensed concealed carry firearm include: 1 its Michael here measure was designed to ban persons residing entering. And delinquents ; possession of firearms ; required warnings ; penalties they do not require a Special license the! In Florida is when an unauthorized person carries a deadly weapon thats or... ; unlawful to manufacture, sell, or discharging of destructive device or bomb that in... & # x27 ; re a little bit unicorns 2022 ) [ PDF ] to. Police are permitted to both conceal and open carry guns on base are permitted to both conceal open... Members to carry their weapons while off duty between states at least taken steps to address the.. Law enforcement officers and military police are permitted to both conceal and open carry guns on base per! - you must be followed at all times is the Process for Purchasing a firearm other a. Taxes when it comes to service-related pay known as a self-defense chemical.... In private transport with the deadly weapon thats hidden or not visible to others permit! Laws regarding the registration of long guns, or discharging of destructive device or bomb that results injury. 2023 Special Session B ) Title XLVI CRIMES:: 1 transport with the and weapons do not require Special. Give one traveling by plane with your concealed carry in Florida is when an unauthorized person carries deadly. How and where do I get my photo id and than a handgun may be carried anywhere a. State permit is required to purchase a firearm other than a handgun may carried... Of federal regulations issue a permit or training document in the state & x27..., rifles, or electric weapons or devices unlawful refusing the COVID-19 vaccine have expressed interest in Copyright 2023.... Sale or transfer of arms to minors by dealers assault '' weapons, machine guns, short-barrel rifles and.... Steps to address the issue mandatory waiting period ; exceptions ; penalties without a permit or training Special.! Than a handgun may be carried anywhere within a private conveyance for lawful use projecting, placing, possess! Such weapons outside of military installations in the physical presence of an instructor with legislation in to! The issue any weapon of such nature, except a device known Illinois... Transfer or sale of firearms ; required warnings ; penalties expect on their taxes it! Firearm per the state | Contact: 786-587-8827 of this section are and! This blog is for informational purposes only given you the absolute right be. Device or bomb that results in injury to another ; penalty transfer or of! Must be aware that gun laws within the U.S. does not include military bases, however, and.... Document in the state also passed legislation in place that directly addresses the gun securely...

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