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How Do I Register A Hunting Rifle In Pa For Someone Under 18

Pennsylvania'south gun police

Location of Pennsylvania in the United States

Gun laws in Pennsylvania regulate the auction, possession, and use of firearms and armament in the Commonwealth of Pennsylvania in the U.s.a..[i] [2] [3]

Summary table [edit]

Subject/Police force Long Guns Hand Guns Relevant Statutes Notes
State permit required to purchase? No No
Firearm registration? No No eighteen Pa.C.S. § 6111.4
All handgun buyers in the state must undergo a PICS cheque at the point of sale, a record of which is maintained by the land law in a "sales database". However, firearm owners moving to Pennsylvania from another state are non required to register their firearms. Every bit stated in xviii Pa.C.Southward. § 6111.4: "Yet whatever section of this chapter to the contrary, nothing in this chapter shall be construed to let whatever regime or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership inside this Republic."
Assail weapon law? No No
Magazine capacity restriction? No No
Possessor license required? No No
Permit required for concealed conduct? N/A Aye 18 Pa.C.Southward. § 6109 Pennsylvania is a "shall result" land for citizens and lawful permanent residents who are 21 years or older. A License to Carry Firearms is required to carry a firearm concealed on one'southward person, in a vehicle, or during a declared country of emergency.
Permit required for open comport? No No 18 Pa.C.S. § 6107
xviii Pa.C.South. § 6108
May carry openly without permit, except LTCF required in Philadelphia (City of the Commencement Grade), in a vehicle, or during a declared state of emergency.
On May 31, 2019, the Supreme Court of Pennsylvania ruled that carrying a firearm is non reasonable suspicion to detain someone.[four]
Castle Doctrine/Stand Your Footing law? Yes Yes 18 Pa.C.S. § 505 "An player who is not engaged in a criminal activity, who is non in illegal possession of a firearm...has no duty to retreat and has the right to stand up his ground and use force, including mortiferous strength..."
State preemption of local restrictions? Yes Yes xviii Pa.C.South. § 6120 "No canton, municipality or township may in whatever manner regulate the lawful buying, possession, transfer or transportation of firearms, armament or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth."
NFA weapons restricted? No No
Peaceable Journeying laws? Yes Aye 18 Pa.C.S. § 6106(b)(11)(14) Non-residents may conduct in a vehicle if in possession of a valid carry permit from any country. Otherwise, federal rules observed.
Background checks required for private sales? No Yep 18 Pa.C.S. § 6111(c) All individual political party transfers of handguns must be processed through a licensed dealer, or at a county sheriff's part. In either case a background cheque is required.

State gun legislation [edit]

Act 192 of 2014 [edit]

Human action 192 of 2014 allowed gun owners and firearm advocacy groups to file adapt against local municipalities for their gun control ordinances.[v] Philadelphia, Lancaster, Pittsburgh and v Democratic legislators filed suit on the grounds that the act was unconstitutional.[half-dozen] The Pennsylvania Supreme Court ruled in favor of the cities and five legislators that the act was unconstitutional on the grounds that bills must pertain to one discipline. Act 192 of 2014 was originally intended to criminalize the theft of metals. The firearm part of the act was a provision. Metropolis Solicitor Sozi Tulante released a statement against the bill: "Deed 192 was passed by the General Associates without whatsoever public notice or contend, and would have flooded the courts with advocacy litigation even when the plaintiffs had no real legal stake in the case."[vii] Senator Daylin Leach, one of the five Democrats to file suit stated: "municipalities that repealed ordinances may at present restore them." During the case they found the law unconstitutional Justice David Wecht said "If, by brute forcefulness, the majority of the Full general Assembly can cram through whatsoever number of regulations."[eight]

House Bill 921 of 2014 [edit]

Authored by Rep. Timothy Krieger, the intent of the bill was to eliminate the Pennsylvania Instant Bank check System in favor of the National Instant Cheque Organization and allowing the Federal regime to administer the background bank check instead of state police.[nine]

Local legislation and preemption [edit]

Ortiz v. Republic [edit]

In 1993, two Home Rule Municipalities, Philadelphia and Pittsburgh, attempted to regulate assault weapons. On June 17, 1993, the mayor of Philadelphia Ed Rendell signed and approved Neb No. 508 submitted by the Philadelphia City Council, which banned certain types of assault weapons in Philadelphia Canton. In 1994, the Pittsburgh City Council passed Ordinance xxx-1994, which also banned certain specified assault weapons within Pittsburgh'southward concrete boundaries. These ordinances planned to regulate the ownership, use, possession or transfer of certain firearms. Afterwards these ordinances were enacted the General Assembly passed House Bill 185 on October 4, 1994, which amended Title 18 of the Crimes Code, including the Pennsylvania Uniform Firearms Human activity, xviii Pa.C.S. §§ 6101–6124. The subpoena, which appears at eighteen Pa.C.S. § 6120, provided that no county, municipality or township could regulate the ownership or transfer of firearms or ammunition.[x]

Councilman Angel Ortiz of Philadelphia Urban center Quango and other Philadelphia appellants brought an action confronting the state in the Republic Courtroom of Pennsylvania, arguing that the country had exceeded its jurisdiction over the Habitation Rule Municipalities in this case. The Philadelphia appellants argued that only in Philadelphia must a person obtain a license for carrying any firearm, on a public street or public property, regardless of whether it is unconcealed or curtained. Throughout the residue of Pennsylvania, a license is only necessary if i is carrying a concealed firearm or is conveying one in a vehicle. eighteen Pa.C.S.A. 6106(a).

In 1996, the Pennsylvania Supreme Courtroom ruled that the land preemption statute was valid and that Philadelphia and Pittsburgh could non enact stricter gun command laws.[eleven] [12]

Farther attempts [edit]

In 2008, Philadelphia had seven dissimilar 2007 ordinances invalidated in Clarke v. House of Representatives; they included a limit of ane handgun purchase per calendar month and prohibiting harbinger purchases, reporting lost or stolen firearms, license requirement to acquire firearm or to bring one into the city, annual gun license renewal, firearm confiscation from someone posing a take chances of damage, banning possession or transfer of set on rifles, and reporting requirements for ammunition sales.[13] In April 2008, the city sought to reenact the ordinances with minor changes.[14] The Philadelphia City Council proposed in 2016 to mandate all firearm owners with minors living in their custody lock their firearms at all times. The firearms must also exist in a locked expanse with ammunition too beingness in a locked surface area; divide from the firearm.[fifteen] [16] Lawsuits (National Burglarize Clan 5. Metropolis of Philadelphia) are pending.[17]

In 2014, the City of Erie had its local ordinance prohibiting firearms in city parks invalidated in Dillon v. City of Erie.[18] [19]

In 2014, the City of Harrisburg enacted ordinances prohibiting firearm possession by minors, discharging firearms within the city, mandatory reporting of lost or stolen firearms within 48 hours, and firearm sale, brandish and long gun possession in public restrictions during a country of emergency; legal challenges are pending.[twenty] [13] [21]

In 2014, the land legislature passed Human action 192 which immune gun owners and firearm advocacy groups to file conform against local municipalities for their gun command ordinances. In 2015, the Pennsylvania Supreme Court ruled in favor of Philadelphia, Lancaster, Pittsburgh and five autonomous legislators that the act was unconstitutional on the grounds that bills must pertain to one subject field. Act 192 was originally intended to criminalize the theft of metals and a provision was amended to add together the part regarding legal standing to challenge local firearm ordinances.[22] [23] [24]

In 2016, Lower Merion Township had its 2011 ordinance prohibiting carry or discharge of firearms in a park without a special permit invalidated in Firearm Owners Confronting Crime v. Lower Merion Township.[25]

In 2017, Pittsburgh attempted to ban firearms in city parks.[26] On Apr 9, 2019, Pittsburgh enacted three gun control laws, prohibiting employ of assault weapons, magazines with capacities greater than 10, and enacting a red flag police force. These laws are being challenged as a violation of preemption.[27] [28] Pittsburgh has agreed not to enforce the laws while the lawsuits go along.[29] On October 29, 2019, the Allegheny Court of Common Pleas invalidated all three ordinances as a violation of state preemption.[xxx] [31] On Nov xviii, 2019, Pittsburgh filed an appeal.[32]

In 2020, Philadelphia had an ordinance that requires the reporting of lost or stolen firearms enjoined.[33]

Sanctuaries [edit]

Some counties accept adopted Second Subpoena sanctuary resolutions.[34]

Purchasing a firearm [edit]

Pennsylvania state police refers to a handgun as a "firearm", while "long gun" is used to describe a shotgun, or rifle of a certain length or longer. Minimum age for purchasing a long gun is xviii, and the age restriction for purchasing a handgun is 21. However, someone can own a handgun if he or she is 18 and received the handgun as a gift.

To purchase a firearm, buyers must be at least eighteen years of age. They can never have been convicted of a violent crime, must non exist an undocumented immigrant, declared mentally ill by the court, a drug addict or habitual drunk, a avoiding from justice, accept been convicted of three separate DUI charges inside a five-yr menstruum (or just i accuse if it is classified as a first degree misdemeanor which carries a sentence of up to 5 years)[35] or are subject to an agile protection from abuse order.[36] State level charges which are punishable by a sentence of more than one year (even if no jail time is actually served) disqualifies i from purchasing firearms nether federal constabulary. Notwithstanding, several court rulings have declared such prohibitions unconstitutional; e.one thousand. first degree misdemeanor DUI accuse[37] and furnishing counterfeit documents.[38]

In 2019, the Pennsylvania Supreme Court held that for the Pennsylvania State Police ("PSP") to deny an individual pursuant to an declared federal firearms disability, the PSP must prove, in addition to the person beingness prohibited nether 18 U.South.C. § 922(g), that the firearm moved in interstate commerce.[39]

No firearms are known to be prohibited by land law. Individual sales of handguns must go through a licensed dealer, though long guns may exist sold privately without the employ of a licensed dealer. Licensed dealers must provide locking devices with handguns unless the handgun has a locking device incorporated in its blueprint.[ citation needed ]

In Pennsylvania, there are more than 2,500 federally licensed firearm dealers where one may brand a purchase. Individuals interested in purchasing a firearm must first fill out an application with their bones information. Once the application has been completed, the firearms dealer will input the information into the Pennsylvania Instant Bank check System to check if the individual is legally allowed to own a firearm. On average in Pennsylvania, this groundwork check costs $xx.00 for handgun purchases and $25.00 for a long gun buy.[ citation needed ]

Residents in Pennsylvania may also purchase firearms from gun shows and private individuals. When purchasing from a federally licensed dealer at a gun show, the process remains the same. When purchasing a long gun in a private sale, the buyer is exempt from obtaining a groundwork check. When purchasing a handgun in a private auction, the buyer is legally required to complete a firearm transfer at a federally licensed dealer. There is a $2 fee for the instant bank check and a $3 firearm sale surcharge to embrace telephone costs.[twoscore]

Transfers of handguns between spouses, parent and kid, grandparent and grandchild or between active law enforcement officers are exempt from the above requirements. Rifles and shotguns may be transferred between unlicensed individuals.  Antique firearms are exempt from the requirements regarding transfer of firearms through dealers.[40]

Definition of a firearm [edit]

The Pennsylvania Uniform Firearms Act defines "firearm" as "any pistol or revolver with a barrel less than 15 inches, any shotgun with a barrel less than 18 inches, whatsoever rifle with a barrel of less than 16 inches or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches."  However, several sections of the law include a broader definition that includes all firearms, i.eastward. handguns, rifles and shotguns, and pertains to that section just.  The stardom should be closely noted when interpreting the statutes.[xl] Chaser General Josh Shapiro issued a legal opinion in December 2019 that fourscore% lower receivers are considered firearms.[41] A legal challenge ensued[42] and the Commonwealth Court issued a preliminary injunction.[43] [44]

Gun dealer requirements [edit]

Dealers are prohibited from transferring the firearm if the Pennsylvania Country Police has issued a "temporary delay" in order to investigate whether the person has been convicted of a domestic violence misdemeanor that disqualifies the person from firearm possession.

To sell a handgun or short-barreled rifle or shotgun, a dealer must besides:[45]

  • Crave the purchaser to complete a purchase application, which includes a statement that the purchaser is the actual buyer of the firearm. The dealer must retain a re-create of the application for at to the lowest degree 20 years, mail the original to Pennsylvania State Police within 14 days of the sale, and provide one copy to the purchaser;
  • Record the blessing number on the application; and
  • If the purchaser passes the background check, deliver the firearm to the purchaser securely wrapped and unloaded.[46]

Concealed conduct and transport [edit]

Individuals in Pennsylvania are permitted to open carry firearms as long every bit the firearm is in plain view. When concealing a firearm, individuals must obtain a License To Carry Firearms from the local sheriff's' office. An individual must have a Pennsylvania License To Conduct Firearms or a firearm license from whatsoever other land, to carry a handgun in a vehicle in Pennsylvania. Long guns are not immune to be transported loaded.

In the only first-class city, Philadelphia, a license is required for both concealed carry, and open up deport. A total of 31 states recognized Pennsylvania's license to concealed acquit.[47]

When transporting firearms in Pennsylvania without a License To Deport Firearms or a firearm license from whatever other state, the firearm and ammunition must be in 2 separate containers within the vehicle.[36]

To employ for a license to carry in Pennsylvania, individuals must be at least 21 years of age. The application process requires submitting the Pennsylvania License to Behave Firearms application to the sheriff of the canton in which they reside. Individuals who are not residents of Pennsylvania but are 21 years of age or older may submit the Application for a Pennsylvania License to Carry Firearms to any Pennsylvania County Sheriff'due south function forth with the required fee.[48]

Firearms are prohibited from certain places, including federal courtroom facilities; all other court facilities must provide a locker to secure firearms while conducting business organization within the court facility equally per 18 Pa.C.S 913 (e). Concealed deport on school holding used to exist an unsettled area of the law with many in police enforcement arguing that the practice is absolutely prohibited and firearms right supporters arguing that 18 Pa.C.South. 912(c) permits those who have a curtained carry license to carry on school grounds as an "other lawful purpose." On Feb 16, 2017, the Superior Court ruled in the case of Republic 5. Goslin that the "other lawful purpose" clause is a valid defense for people who are otherwise conveying a weapon legally on school grounds regardless of whatever connection to a school action.[49] [fifty] Carrying a handgun on public streets and public holding of Philadelphia, or in a vehicle anywhere in the state, or concealed on or about i'south person anywhere in the country is prohibited without a "License To Deport Firearms" (LTCF) or a license or let issued by some other state which is honored by Pennsylvania for that purpose.[1] [2] A LTCF is by and large non required to openly carry a firearm on or about one'southward person, except in a vehicle or in Philadelphia, or during a declared Country of Emergency.[51] A bill proposed in September 2014 would permit teachers and schoolhouse employees to carry guns.[52]

Pennsylvania shall issue a LTCF to resident and non-resident applicants if no skillful cause exists to deny the license. Non-resident applicants must get-go obtain a license from their home state, unless their home land does not issue licenses.[1] [2]

Laws and regulations [edit]

Commodity 1, section 21 of the Constitution of Pennsylvania states, "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."[53]

Pennsylvania has land preemption for regulation of the lawful ownership, possession, transfer or transportation of firearms, ammunition, or ammunition components. That is, merely state laws, not local laws, can regulate those matters.[1] [ii]

Most items that are required to exist registered under the National Firearms Act such every bit machine guns, suppressors, short barreled rifles and shotguns, are prohibited in Pennsylvania as "offensive weapons" unless they are registered nether the NFA.[twoscore]

There are no regulating laws for the auction, purchase, or possession of armament. Use of armor-piercing ammunition for criminal activities is specifically prohibited past statute.[54]

Pennsylvania law requires that information received by the Pennsylvania State Police pursuant to a sale is destroyed inside 72 hours of the completion of the groundwork check.[1] [2] The Pennsylvania Firearm Owners Association notes that the Pennsylvania State Police nonetheless keep a "sales database" of all handguns purchased inside the land.[55] The database was challenged based on what was asserted as the unambiguous text of the statute, specifically "zippo... ...shall be construed to allow whatever government or law enforcement bureau or any agent thereof to create, maintain or operate any registry of firearm ownership inside this Commonwealth" (full statute text above), the Pennsylvania Supreme Court nonetheless ruled in Allegheny Canton Sportsmen'south League five. Rendell, 860 A.2d 10 (Pa. 2004), that Pennsylvania'south database of handgun sales is not prohibited by state police considering the registration was only of handgun sales and not of all guns.[56]

See too [edit]

  • Police of Pennsylvania
  • Uniform Firearms Act

References [edit]

  1. ^ a b c d e "Pennsylvania Country Law Summary", Constabulary Heart to Prevent Gun Violence. Retrieved January 2, 2013.
  2. ^ a b c d e "State Gun Laws: Pennsylvania", National Rifle Association – Institute for Legislative Activeness. Retrieved December 27, 2015.
  3. ^ "Bureau of Booze, Tobacco, Firearms, and Explosives – State Laws and Published Ordinances – Firearms" (PDF). Archived from the original (PDF) on November 9, 2011. Retrieved January two, 2013.
  4. ^ Prince, Joshua; Esq. (May 31, 2019). "MONUMENTAL Decision from the Pennsylvania Supreme Court regarding whether the Open Conveying of a Firearm is Reasonable Suspicion of a Criminal offense". Prince Police Offices Blog . Retrieved May 31, 2019.
  5. ^ "Court tosses Pennsylvania law aiding NRA gun challenges". Retrieved April 25, 2018.
  6. ^ "Pa Supreme Court Rules NRA-backed Law Unconstitutional". Philadelphia Mag. June 21, 2016. Retrieved April 25, 2018.
  7. ^ "Pa Supreme Court Rules NRA-backed Law Unconstitutional". Philadelphia Magazine. June 21, 2016. Retrieved April 4, 2018.
  8. ^ "Pa. justices question roots of NRA-backed police – Philly". Philly.com . Retrieved April 4, 2018.
  9. ^ "Bill to eliminate Pa. background checks for gun buyers on hold until questions about national arrangement resolved". PennLive.com . Retrieved Apr 25, 2018.
  10. ^ "Section 6120 – Title eighteen – CRIMES AND OFFENSES". world wide web.legis.state.pa.us . Retrieved June two, 2019.
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  13. ^ a b Offices, Prince Police force; P.C. (January 16, 2015). "Press RELEASE: Lawsuit Filed Against Urban center of Harrisburg Regarding Its Illegal Firearm and Armament Ordinances". Prince Law Offices Web log . Retrieved September 13, 2019.
  14. ^ "Key Bug for Pennsylvanians: What Is at Stake with the Pennsylvania Supreme Court" (PDF).
  15. ^ "The Trouble with Philadelphia'southward Gun Command Proposal". Gambone Law . Retrieved April 4, 2018.
  16. ^ "Philadelphia moves to mandate gun lock utilise". Guns.com. June 6, 2016. Retrieved June 2, 2019.
  17. ^ Vendel, Christine (September 4, 2015). "Philly judge rules NRA has no 'legal standing' to sue urban center over gun ordinances". pennlive.com . Retrieved September 13, 2019.
  18. ^ "FindLaw's Commonwealth Court of Pennsylvania case and opinions". Findlaw . Retrieved June 3, 2019.
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  20. ^ Vendel, Christine (Jan 14, 2015). "'Major financial hitting' looming for Harrisburg, says legal defense group suing over firearm ordinances". pennlive.com . Retrieved September 13, 2019.
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  23. ^ "Commonwealth Court Strikes Downwardly Act 192". Retrieved September 13, 2019.
  24. ^ "Neb Information – House Bill 80; Regular Session 2013–2014". The official website for the Pennsylvania Full general Assembly . Retrieved September thirteen, 2019.
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  26. ^ Bauder, Bob. "Pittsburgh councilman moves to ban guns in city parks despite opposition". TribLIVE.com . Retrieved April four, 2018.
  27. ^ "Pittsburgh Restricts Use Of Assault-Mode Weapons, Setting Upwardly Court Fight". NPR.org . Retrieved April 30, 2019.
  28. ^ Prince, Joshua; Esq. (April 9, 2019). "Pittsburgh Sued Over Illegal, Anti-Gun Enactments". Prince Law Offices Weblog . Retrieved June 2, 2019.
  29. ^ "City Of Pittsburgh Agrees Not To Enforce Gun Command Legislation During Ongoing Court Proceedings". May 20, 2019. Retrieved June 3, 2019.
  30. ^ AP, Michael Rubinkam |. "Judge tosses Pittsburgh gun laws passed afterwards massacre". Washington Post. Archived from the original on November iv, 2019. Retrieved November iv, 2019.
  31. ^ "Pittsburg lawsuit" (PDF). Archived from the original (PDF) on Nov 4, 2019. Retrieved November 4, 2019. Alt URL
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  33. ^ Prince, Joshua; Esq. (Jan 11, 2020). "Metropolis of Philadelphia ENJOINED from enforcing lost and stolen firearm ordinance". Prince Law Offices Blog . Retrieved March 21, 2020.
  34. ^ Writer, JOHNNY WILLIAMS Staff. "Bradford County declared 'Second Subpoena Sanctuary County'". morning-times.com . Retrieved Dec twenty, 2019.
  35. ^ Miller, Matt (July 24, 2017). "DUI conviction blocks man from owning a gun, Pa. court rules". pennlive.com . Retrieved July 18, 2019.
  36. ^ a b "How to buy a gun in Pennsylvania". PennLive.com . Retrieved December vi, 2017.
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  38. ^ Kraut, Adam; Esq. (Feb 4, 2019). "Federal Courtroom Rules Firearms Prohibition Against an Individual for a Misdemeanor Conviction Nether Vehicle Code is Unconstitutional". Prince Law Offices Weblog . Retrieved July 18, 2019.
  39. ^ Prince, Joshua; Esq. (July xviii, 2019). "PA Supreme Court – PSP Must Prove Firearm Moved in Interstate Commerce to Deny Private under Federal Law". Prince Law Offices Blog . Retrieved July xviii, 2019.
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  46. ^ 18 Pa. Cons. Stat. Ann. § 6111(a), (b); 37 Pa. Code § 33.111. For more than information nearly the procedures that licensed dealers must follow to complete the auction, delight see the administrative regulations of PSP available at 37 Pa. Lawmaking §§ 33.102–33.113.
  47. ^ "'Constitutional carry' in Pennsylvania challenged by gun command advocates". York Dispatch . Retrieved December 7, 2017.
  48. ^ "Carrying Firearms in Pennsylvania". www.psp.pa.gov . Retrieved December vi, 2017.
  49. ^ Prince, Joshua; Esq. (February 16, 2017). "The Goslin Conclusion's Impact on Possessing Weapons on School Property". Prince Law Offices, P.C . Retrieved June thirty, 2017.
  50. ^ "Republic five. Goslin" (PDF).
  51. ^ "Pennsylvania Firearm Owners Association – Open Carry". Pafoa.org. October 2, 2007. Retrieved May 22, 2012.
  52. ^ Gautz, Chris. "Response mixed on nib to let teachers carry guns". The Daily Item.
  53. ^ "The Constitution of Pennsylvania". Pennsylvania Full general Assembly. Retrieved January 17, 2018.
  54. ^ Middle, Legislativate Data Processing. "Title 18". The official website for the Pennsylvania General Assembly . Retrieved November 24, 2018.
  55. ^ "Pennsylvania Firearm/Gun Police". Pafoa.org. Oct 2, 2007. Retrieved July 9, 2012.
  56. ^ "LCAV. Registration of Firearms. In Regulating Guns in America: An Evaluation and Comparative Analysis of Federal, Country, and Selected Local Gun Laws (2008). Retrieved July eight, 2011" (PDF). Archived from the original (PDF) on April 6, 2012. Retrieved May 22, 2012.

How Do I Register A Hunting Rifle In Pa For Someone Under 18,

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