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Posted: 7/23/2016 10:35:52 PM EDT
[#1]
It seems that Mississippi Code needs to specify a time by which guns must be returned to the legal owner when the owner is acquitted or not charged.
Currently, the time is open-ended and some have been forced to hire an attorney to get their guns back (or so I have heard). I think 30 days should be sufficient. This underlined sentence is where the change would need to be made: ------------------------------------------------------ § 97-37-3. Deadly weapons; forfeiture of weapon; return upon dismissal or acquittal; confiscated firearms may be sold at auction; proceeds of sale used to purchase bulletproof vests for seizing law enforcement agency. (1) Any weapon used in violation of Section 97-37-1, or used in the commission of any other crime, shall be seized by the arresting officer, may be introduced in evidence, and in the event of a conviction, shall be ordered to be forfeited, and shall be disposed of as ordered by the court having jurisdiction of such offense. In the event of dismissal or acquittal of charges, such weapon shall be returned to the accused from whom it was seized. ---------------------------------------------------------- I'd like to see "within 30 calendar days of the dismissal or acquittal" added to that underlined sentence. Thanks for all that you do, Nolo. |
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Posted: 7/23/2016 10:46:50 PM EDT
[#2]
That's a good point. I have one of those types of cases now.
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Posted: 7/23/2016 10:56:04 PM EDT
[#3]
Anyway we can get Firearms Permit turned into Weapons Permit? That way we could carry switchblades, dirks, bowie knives and all that crap.
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Posted: 7/23/2016 10:57:08 PM EDT
[#4]
I need to get switchblades and auto knives unbanned.
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Posted: 7/23/2016 11:00:14 PM EDT
[#5]
Lifetime firearms/weapon permit?
I mean considering you don't NEED a permit to carry open or concealed anymore, we shouldn't need to renew permits either? |
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Posted: 7/24/2016 1:21:43 PM EDT
[#6]
Campus carry for students and employees would be great, but I would take employment/enrollment protection for faculty, staff, and students with firearms in vehicles on campus.
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Posted: 7/24/2016 9:03:11 PM EDT
[#7]
Quote HistoryQuoted:
Campus carry for students and employees would be great, but I would take employment/enrollment protection for faculty, staff, and students with firearms in vehicles on campus. I like that one too. |
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Posted: 7/24/2016 9:04:43 PM EDT
[#8]
Legislature might not touch it, but something stopping Judge's orders that ban firearms from courthouses and attached/near buildings.
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Posted: 7/26/2016 1:33:54 PM EDT
[#9]
This is either a request or me needing clarification...
As a part time student I would like to be able to carry in a college classroom with an IC. As a part time EMT I would like to carry on emergency vehicles with an IC |
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Posted: 7/26/2016 3:09:07 PM EDT
[#10]
Quote HistoryQuoted:
I need to get switchblades and auto knives unbanned. This is what I came to ask for. |
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Posted: 7/28/2016 10:05:34 AM EDT
[#11]
Quote HistoryQuoted:
I like that one too. Quote HistoryQuoted:
Quoted:
Campus carry for students and employees would be great, but I would take employment/enrollment protection for faculty, staff, and students with firearms in vehicles on campus. I like that one too. This needs to happen. |
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Posted: 7/28/2016 3:49:04 PM EDT
[#12]
Quote HistoryQuoted:
That's a good point. I have one of those types of cases now. This news article below by Rick Ward outlines a pretty good argument for putting a short time limit on returning guns to the rightful owner once charges are dropped or the person is acquitted. Looks like some jurisdictions are ignoring the current requirement. ----------------------------------------- City of Durant, MS Wants to Take Your Guns July 27, 2016 7:32 PM BY RICK WARD They aren’t just looking to fill up their evidence room or worried about their safety over minor crimes not involving a weapon. They want to make you prove you own the weapon and then they still don’t want to give it back. Mississippi Law does not require you to have a bill of sale on a weapon you purchased from an individual. So they just want to steal your gun. Just last week I testified before a joint House and Senate Committee on gun seizure and forfeiture. Under Mississippi law, guns are not to be auctioned off until a judge acts on each case and orders the guns forfeited individually. I pointed out that almost 800 guns were sold at an auction recently and many of them had never even been brought to the judge because no charges were made. Hattiesburg Officers were taking guns from people with no charges at all and releasing them on the charges they were stopped for to include drugs and prior felony convictions. They made about $80,000 from their auction. This Attorney General Opinion request from Durant Municipal Court Clerk clearly shows they want to take your guns for minor crimes. They didn’t say for possession of a concealed weapon that violates the law. A minor crime could be littering, failing to use a turn signal, speeding, etc. Lucky for us the AG said the weapon had to be used in a crime. (Please click on and read the 2 page opinion below.) If they can’t get your guns to sell, they want to take cash bonds from you and keep the money even if you are found not guilty! If they can’t get your guns and resell them, they want to run radar on the highway and get money from the radar tickets. You might want to boycott the City of Durant if you have any business there. ------------------------------------------ LINK |
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Posted: 7/28/2016 4:48:44 PM EDT
[#13]
Quote HistoryQuoted:
This news article below by Rick Ward outlines a pretty good argument for putting a short time limit on returning guns to the rightful owner once charges are dropped or the person is acquitted. Looks like some jurisdictions are ignoring the current requirement. ----------------------------------------- City of Durant, MS Wants to Take Your Guns July 27, 2016 7:32 PM BY RICK WARD They aren’t just looking to fill up their evidence room or worried about their safety over minor crimes not involving a weapon. They want to make you prove you own the weapon and then they still don’t want to give it back. Mississippi Law does not require you to have a bill of sale on a weapon you purchased from an individual. So they just want to steal your gun. Just last week I testified before a joint House and Senate Committee on gun seizure and forfeiture. Under Mississippi law, guns are not to be auctioned off until a judge acts on each case and orders the guns forfeited individually. I pointed out that almost 800 guns were sold at an auction recently and many of them had never even been brought to the judge because no charges were made. Hattiesburg Officers were taking guns from people with no charges at all and releasing them on the charges they were stopped for to include drugs and prior felony convictions. They made about $80,000 from their auction. This Attorney General Opinion request from Durant Municipal Court Clerk clearly shows they want to take your guns for minor crimes. They didn’t say for possession of a concealed weapon that violates the law. A minor crime could be littering, failing to use a turn signal, speeding, etc. Lucky for us the AG said the weapon had to be used in a crime. (Please click on and read the 2 page opinion below.) If they can’t get your guns to sell, they want to take cash bonds from you and keep the money even if you are found not guilty! If they can’t get your guns and resell them, they want to run radar on the highway and get money from the radar tickets. You might want to boycott the City of Durant if you have any business there. ------------------------------------------ LINK Quote HistoryQuoted:
Quoted:
That's a good point. I have one of those types of cases now. This news article below by Rick Ward outlines a pretty good argument for putting a short time limit on returning guns to the rightful owner once charges are dropped or the person is acquitted. Looks like some jurisdictions are ignoring the current requirement. ----------------------------------------- City of Durant, MS Wants to Take Your Guns July 27, 2016 7:32 PM BY RICK WARD They aren’t just looking to fill up their evidence room or worried about their safety over minor crimes not involving a weapon. They want to make you prove you own the weapon and then they still don’t want to give it back. Mississippi Law does not require you to have a bill of sale on a weapon you purchased from an individual. So they just want to steal your gun. Just last week I testified before a joint House and Senate Committee on gun seizure and forfeiture. Under Mississippi law, guns are not to be auctioned off until a judge acts on each case and orders the guns forfeited individually. I pointed out that almost 800 guns were sold at an auction recently and many of them had never even been brought to the judge because no charges were made. Hattiesburg Officers were taking guns from people with no charges at all and releasing them on the charges they were stopped for to include drugs and prior felony convictions. They made about $80,000 from their auction. This Attorney General Opinion request from Durant Municipal Court Clerk clearly shows they want to take your guns for minor crimes. They didn’t say for possession of a concealed weapon that violates the law. A minor crime could be littering, failing to use a turn signal, speeding, etc. Lucky for us the AG said the weapon had to be used in a crime. (Please click on and read the 2 page opinion below.) If they can’t get your guns to sell, they want to take cash bonds from you and keep the money even if you are found not guilty! If they can’t get your guns and resell them, they want to run radar on the highway and get money from the radar tickets. You might want to boycott the City of Durant if you have any business there. ------------------------------------------ LINK Jeez. Question number 3 is the awesomest. Keeping their bond when found not guilty. "The data base won't let me post to it if they are found not guilty." .... AG response - "That is because you have to give their money back when they are not guilty, you freaking idiot." |
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Posted: 7/28/2016 10:15:23 PM EDT
[#14]
Quote HistoryQuoted:
This is either a request or me needing clarification... As a part time student I would like to be able to carry in a college classroom with an IC. As a part time EMT I would like to carry on emergency vehicles with an IC As a student you can carry with an IC |
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Posted: 7/28/2016 11:00:27 PM EDT
[#15]
Quote HistoryQuoted:
As a student you can carry with an IC Quote HistoryQuoted:
Quoted:
This is either a request or me needing clarification... As a part time student I would like to be able to carry in a college classroom with an IC. As a part time EMT I would like to carry on emergency vehicles with an IC As a student you can carry with an IC It may be legal, but would be against policy so a student could be expelled. |
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Posted: 7/29/2016 7:04:22 AM EDT
[#16]
The auto/switchblade law is really outdated.
Like the idea of lifetime permit as well. Seems it would be better on all MHP and citizens. |
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Posted: 7/29/2016 10:37:29 PM EDT
[#17]
Quote HistoryQuoted:
Jeez. Question number 3 is the awesomest. Keeping their bond when found not guilty. "The data base won't let me post to it if they are found not guilty." .... AG response - "That is because you have to give their money back when they are not guilty, you freaking idiot." Quote HistoryQuoted:
Quoted:
Quoted:
That's a good point. I have one of those types of cases now. This news article below by Rick Ward outlines a pretty good argument for putting a short time limit on returning guns to the rightful owner once charges are dropped or the person is acquitted. Looks like some jurisdictions are ignoring the current requirement. LINK Jeez. Question number 3 is the awesomest. Keeping their bond when found not guilty. "The data base won't let me post to it if they are found not guilty." .... AG response - "That is because you have to give their money back when they are not guilty, you freaking idiot." I thought he dodged question no. 1 too. The point of the question was, "If a person, say, gets stopped for rolling through a stop sign or speeding, can his gun in the car be confiscated?" Maybe that issue needs clarification by the Mississippi legislature, as well, Nolo: ---------------------------------------------------- 1. Can the Department petition the Municipal Judge to confiscate any firearm in the case of a misdemeanor charge? . . . RESPONSE: A firearm may be confiscated if the weapon was used in the commission of a crime pursuant to Section 97-37-3 of the Mississippi Code and may be disposed of pursuant to that section: (1) Any weapon used in violation of Section 97-37-1, of the Mississippi Code shall be seized by the arresting officer. may be introduced in evidence, and in the event of a conviction, shall be ordered to be forfeited, and shall be disposed of as ordered by the court having jurisdiction of such offense. In the event of dismissal or acquittal of charges, such weapon shall be returned to the accused from whom it was seized. --------------------------------------------------- I think the clear and correct answer was, "No." Section 97-37-1 only addresses "deadly weapons; carrying while concealed; use or attempt to use; penalties". Section 97-37-1 |
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Posted: 7/30/2016 2:24:02 AM EDT
[#18]
What is campus carry in Mississippi? Does it apply to UMMC? They have a written policy against carry, of any kind. Is this valid? (specifically to employees) If it is, can we get rid of it? |
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Posted: 8/3/2016 1:43:43 AM EDT
[#19]
Carry for state employees with IC. Especially those on duty but not in a state owned building. Also something that prevents the state from stepping around the CC laws by renting office space in a posted private building. Some clarification as far as concealed handguns during hunting would be nice as well. Something preventing a state agency, county, or munincipality from firing someone because they carry when not at work would be nice too. There are plenty of antigun managers in state government that would love to fire every person they found out had a ccw.
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Posted: 8/5/2016 7:53:03 AM EDT
[#20]
Quote HistoryQuoted: I need to get switchblades and auto knives unbanned. Please do. |
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Posted: 8/9/2016 6:54:48 AM EDT
[#21]
Make it so the FPU doesn't require the passport photo on application and they instead take your picture when you apply.
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Posted: 8/9/2016 12:13:55 PM EDT
[#22]
Quote HistoryQuoted: Make it so the FPU doesn't require the passport photo on application and they instead take your picture when you apply. |
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Posted: 8/9/2016 2:17:52 PM EDT
[#23]
Quote HistoryQuoted:
Make it so the FPU doesn't require the passport photo on application and they instead take your picture when you apply. Even for mail in renewals you would think they could reuse the pic like online DL renewals |
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Posted: 8/9/2016 10:25:35 PM EDT
[#24]
Expansion of permit to include SBRs maybe? I never found clarification on MSGO if CCW of an SBR ( in a bag or the like) was permitted or prohibited.
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Posted: 8/10/2016 12:52:48 AM EDT
[#25]
Another vote for employment/enrollment protection for employees and students with IC stickers. And enrollment/employment protection for those without IC stickers with weapons locked in their vehicles.
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Posted: 8/10/2016 1:31:14 AM EDT
[#26]
Quote HistoryQuoted: Expansion of permit to include SBRs maybe? I never found clarification on MSGO if CCW of an SBR ( in a bag or the like) was permitted or prohibited. |
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Posted: 8/10/2016 7:44:37 AM EDT
[#27]
Quote HistoryQuoted:
Another vote for employment/enrollment protection for employees and students with IC stickers. And enrollment/employment protection for those without IC stickers with weapons locked in their vehicles. Nice first post! Just moved from AR? Welcome to MS! |
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Posted: 8/10/2016 2:03:21 PM EDT
[#28]
Quote HistoryQuoted: Even for mail in renewals you would think they could reuse the pic like online DL renewals Quote HistoryQuoted: Quoted: Make it so the FPU doesn't require the passport photo on application and they instead take your picture when you apply. Even for mail in renewals you would think they could reuse the pic like online DL renewals |
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Posted: 8/10/2016 10:41:19 PM EDT
[#29]
Did some research on auto knives. Are they banned or not???
 seems that the statute 97-37-1 just says you can't conceal it. But not actually banned. Hmmm.
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Posted: 8/11/2016 7:20:51 AM EDT
[#30]
Quote HistoryQuoted:
Did some research on auto knives. Are they banned or not??? seems that the statute 97-37-1 just says you can't conceal it. But not actually banned. Hmmm.That is how I always understood it. Legal to own, illegal to conceal it. |
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Posted: 8/12/2016 10:08:55 AM EDT
[#31]
Quote HistoryQuoted:
That is how I always understood it. Legal to own, illegal to conceal it. Quote HistoryQuoted:
Quoted:
Did some research on auto knives. Are they banned or not??? seems that the statute 97-37-1 just says you can't conceal it. But not actually banned. Hmmm.That is how I always understood it. Legal to own, illegal to conceal it. So if you walk around holding it in your hand its fine, but if you conceal it in a pocket its a crime? Makes sense 
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Posted: 8/12/2016 3:57:22 PM EDT
[#32]
Quote HistoryQuoted:
Nice first post! Just moved from AR? Welcome to MS! Quote HistoryQuoted:
Quoted:
Another vote for employment/enrollment protection for employees and students with IC stickers. And enrollment/employment protection for those without IC stickers with weapons locked in their vehicles. Nice first post! Just moved from AR? Welcome to MS! Thanks, been here for just over a year now. |
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Posted: 10/1/2016 6:01:41 PM EDT
[#33]
Quote HistoryQuoted:
Campus carry for students and employees would be great, but I would take employment/enrollment protection for faculty, staff, and students with firearms in vehicles on campus. Quote HistoryQuoted:
Campus carry for students and employees would be great, but I would take employment/enrollment protection for faculty, staff, and students with firearms in vehicles on campus. Quoting myself, I hope I don't open up a black hole.
Anyway, I was under the impression that university employees could be fired for having a firearm in their locked vehicle. Am I wrong? According to Mississippi 45-9-55: Miss. Code Ann. § 45-9-55
MISSISSIPPI CODE of 1972 *** Current through the 2016 Regular and 1st and 2nd Extraordinary Sessions of the Legislature *** TITLE 45. PUBLIC SAFETY AND GOOD ORDER CHAPTER 9. WEAPONS RESTRICTIONS UPON LOCAL REGULATION OF FIREARMS OR AMMUNITION Miss. Code Ann. § 45-9-55 (2016) § 45-9-55. Employer not permitted to prohibit transportation or storage of firearms on employer property; exceptions; certain immunity for employer (1) Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area. (2) A private employer may prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees to which access is restricted or limited through the use of a gate, security station or other means of restricting or limiting general public access onto the property. (3) This section shall not apply to vehicles owned or leased by an employer and used by the employee in the course of his business. (4) This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law. (5) A public or private employer shall not be liable in a civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession or use of a firearm covered by this section. According to this, in my understanding, a university employee with an IC permit would not get into trouble for having a firearm in their locked vehicle. Am I wrong? |
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Posted: 10/1/2016 8:15:58 PM EDT
[#34]
That statute, as interpreted by the MS Supreme Court, apparently says it is okay to carry in your car despite what the policy says. I would love to take that case.
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Posted: 10/1/2016 10:02:29 PM EDT
[#35]
Quote HistoryQuoted:
I need to get switchblades and auto knives unbanned. For my own curiosity, is there an exemption for LEO/mil? If not, I've been breaking that law for well over 10 years everyday. |
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Posted: 10/1/2016 10:57:01 PM EDT
[#36]
Quote HistoryQuoted:
For my own curiosity, is there an exemption for LEO/mil? If not, I've been breaking that law for well over 10 years everyday. Quote HistoryQuoted:
Quoted:
I need to get switchblades and auto knives unbanned. For my own curiosity, is there an exemption for LEO/mil? If not, I've been breaking that law for well over 10 years everyday. I think LEO and emergency services are allowed auto knives, lets see what the lawyer says. Nolo to the service desk please. |
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Posted: 10/3/2016 4:19:02 PM EDT
[#37]
Quote HistoryQuoted:
I need to get switchblades and auto knives unbanned. Just what I need, another expensive hobby. Would like to have one though 
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Posted: 1/5/2017 4:37:16 PM EDT
[#38]
bump for new session!
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Posted: 1/5/2017 4:53:06 PM EDT
[#39]
Lifetime permit...like what TN just did.
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Posted: 1/5/2017 4:53:16 PM EDT
[#40]
Lifetime permits.
Unscrew the knife laws. Its really stupid that you can carry a handgun but not a certain knife. If you can, slap those activists judges around. Same wishes as everyone else I guess. |
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Posted: 1/5/2017 7:44:45 PM EDT
[#41]
Quote HistoryQuoted:
Lifetime permit...like what TN just did. It has already been mentioned. I'm bumping this thread for great success! Only anti gun bill so far is a ban on imitation firearms. Lol. |
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Posted: 1/5/2017 8:50:35 PM EDT
[#42]
Quote HistoryQuoted:
It has already been mentioned. I'm bumping this thread for great success! Only anti gun bill so far is a ban on imitation firearms. Lol. Quote HistoryQuoted:
Quoted:
Lifetime permit...like what TN just did. It has already been mentioned. I'm bumping this thread for great success! Only anti gun bill so far is a ban on imitation firearms. Lol. If you're feeling lofty, the other thing TN passed allows someone under 21 who was in the military to obtain a handgun permit. Link |
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Posted: 1/5/2017 10:12:35 PM EDT
[#43]
Clarification of hunting regs vs gun rights. Game Wardens are still nailing people for having a loaded rifle in their vehicle/4wheeler/on person.
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Posted: 1/5/2017 10:30:11 PM EDT
[#44]
Quote HistoryQuoted:
If you're feeling lofty, the other thing TN passed allows someone under 21 who was in the military to obtain a handgun permit. Link Ahem. We already have that 
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Posted: 1/6/2017 9:59:03 AM EDT
[#45]
Quote HistoryQuoted:
Ahem. We already have that I'll cop to not having read the renewal paperwork in 4 years. I think I renew in May. |
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