601(6). if such forms filed numerically. This change would make clear that both the name and license number (not the address) of a licensee from whom firearms are received and to whom they are disposed are recorded in the AD Record. In the fourth sentence of paragraph (f), remove Upon receipt of such Forms 4473, the and add in its place The, remove manufacturer and add in its place manufacturer(s), remove the words importer (if any) and add in their place importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), and remove the words serial number and add in their place serial number(s). Since it began issuing firearm classifications under the GCA and NFA in private letter rulings and for criminal investigations, ATF has considered a variety of factors when examining firearms, including: (a) Which component the manufacturer intended to be the frame or receiver; (b) which component the firearms industry commonly considers to be the frame or receiver with respect to the same or similar firearms; (c) how the component fits within the overall design of the firearm when assembled; (d) the design and function of the fire control components to be housed, such as the hammer, bolt or breechblock, and firing mechanism; (e) whether the component could permanently, conspicuously, and legibly be identified with a serial number and other markings in a manner not susceptible of being readily obliterated, altered, or removed, in accordance with regulations; (f) whether classifying the particular component is consistent with the legislative intent of the GCA and implementing regulations; and (g) whether classifying the component as the frame or receiver is consistent with ATF's prior classifications. If no portion of split/multi-piece frames or receivers were subject to any existing regulations, such as marking, recordkeeping, or background checks, law enforcement's ability to trace semiautomatic firearms later used in crime would be severely impeded. [29] 2d 535, 537 (E.D. Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice. However, to reduce costs incurred by licensees, ATF anticipates that it would exercise its discretion not to enforce a title format change to the AD Record to add and/or PMF in the manufacturer column until an existing paper record book is completed (i.e., closed out) or electronic record version updated in the normal course of business, provided each PMF received is accurately recorded as a PMF in the manufacturer column. A licensed manufacturer qualified under part 479 may transfer a replacement part defined as a firearm muffler or firearm silencer other than a frame or receiver to a qualified manufacturer or dealer without identifying or registering such part provided that, upon receipt, it is actively used to repair a complete muffler or silencer device that was previously identified and registered in accordance with this part. A muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. All Activity; Home ; NJ & Federal Gun Law Discussion ; National Gun Law Discussion ; ATF finalizes rules for Stabilizing Braces Each document posted on the site includes a link to the 902(i). To provide greater access to professional marking, as stated previously, this rule would clarify that the meaning of the term gunsmith includes persons who engage in the business of identifying firearms for nonlicensees so that gunsmiths may become licensed as dealer-gunsmiths solely to provide professional PMF marking services. For more details, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. (4) Size and depth of markings. The Director may issue a determination to a person whether an item is a firearm as defined in this part Start Printed Page 27753upon receipt of a written request or form prescribed by the Director. (6) Meaning of marking terms. (vi) Privately made firearms acquired before [EFFECTIVE DATE OF THE FINAL RULE]. The record shall show the date of such sale or other disposition, and the name and license number of the licensee to whom the firearms were transferred, or if disposed to a nonlicensee, the name and address of the person, or the serial number of the firearms transaction record, Form 4473, if the licensee transferring the firearm serially numbers the Forms 4473 and files them numerically. For the purposes of the National Firearms Act, the term "Any Other Weapon" means: Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive; A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell; In paragraph (b)(1)(iv)(G), remove the words serial number and add in Start Printed Page 27749their place the words serial number(s); c. In paragraph (c)(2)(ii), remove the word manufacturer and add in its place the word manufacturer(s); d. In paragraph (c)(2)(iii), remove country of manufacturer and add in its place country or countries of manufacturer(s) of the firearm or privately made firearm (if privately made in the United States); and. 19, 2021), https://www.bbc.com/news/world-europe-56798743. legal research should verify their results against an official edition of 90-1097, at 2200 (April 29, 1968) (same). an AR- or AK-type pistol) it will soon be considered a short-barreled rifle under the National Firearms Act of 1934. Just like people used to do without government intrusion back in 1791 and before. This proposed rule would affect a one-time number of responses of 12,088 responses (6,044 respondents * 2 responses). For more details, please refer to Chapter 4 of the Regulatory Impact Analysis.Start Printed Page 27737. The crucial inquiry, then, is the point at which an unregulated piece of metal, plastic, or other material becomes a regulated item under Federal law. Stat. [38], Due to judicial developments as well as continued technological advancements in firearms manufacturing, maintaining the current definitions negatively affects both public safety and the regulated firearms industry. Firearm Frame or Receiver Rev. at 922(u) (stealing a firearm that has been shipped or transported in interstate or foreign commerce from the person or premises of an FFL); id. Not only does the inability to distinguish between unmarked firearms Start Printed Page 27725make it extremely difficult for law enforcement to trace PMFs involved in crime, it also makes it more difficult for Federal, State, and local law enforcement to identify and prosecute illegal firearms traffickers who are often tied to violent criminals and armed narcotics traffickers. This repetition of headings to form internal navigation links 921(a)(23); 26 U.S.C. PMFs must be identified by placing on each part (or specific part(s) previously determined by the Director) of a weapon defined as a frame or receiver, the same serial number, but must not duplicate any serial number(s) placed by the licensee on any other firearm. [79] This proposed rule would affect a one-time surge of 6,044 respondents. The term frame or receiver shall have the same meaning as in 27 CFR 478.11. Estimate of Total Annual Burden: The current burden listed in this collection of information is 201,205 hours. 5845(b). This may result in no part of a firearm being regulated as a frame or receiver contrary to the requirements in the GCA that ensure tracing to solve crime and help prevent prohibited persons from coming into possession of weapons. Both the GCA and NFA define the term manufacturer as any person engaged in the business of manufacturing firearms, and the GCA further defines the term licensed manufacturer as any such person licensed under the provisions of this chapter. 18 U.S.C. and services, go to The intent in promulgating these definitions was to provide guidance as to which portion of a firearm was the frame or receiver for purposes of licensing, serialization, and recordkeeping, thereby ensuring that a necessary component of the weapon could be traced if later involved in a crime. The prefatory paragraph to the definitional section of 27 CFR 478.11 (Meaning of Terms) states: [w]hen used in this part and in forms Start Printed Page 27722prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section.[12] The DOJ and the Bureau of Alcohol, Tobacco, Firearms, and Explosives announced the new rule submission Friday, and it will go into effect after it's published in the Federal Register.. (a) Each licensed importer shall record the name of the importer(s), manufacturer(s) and/or privately made firearm (if privately made in the United States), type, model, caliber or gauge, country or countries of manufacture (if imported), and serial number(s) of each firearm imported or otherwise acquired (including a frame or receiver to be disposed of separately), the date of such importation or other acquisition, and if otherwise acquired, the name and address, or the name and license number of the person from whom it was received. In 2016, ATF issued an Advance Notice of Proposed Rulemaking in response to a petition for rulemaking from a firearms industry trade association recommending that regulations be amended to require that a silencer be marked on the outer tube (as opposed to other locations), unless a variance is granted by the Director on a case-by-case basis for good cause. section 790.27; Ga. Code. c. In paragraph (a)(2)(vii), remove serial number and add in its place serial number(s). [50], Nonetheless, like the definition of frame or receiver for projectile weapons, this sub-definition would be flexible enough to encompass changes in technology and parts terminology. These changes would supersede ATF Rulings 2011-1 and 2016-3, and those rulings would become obsolete upon publication of a final rule. The Rule just changes the process of building your firearm this way. the current document as it appeared on Public Inspection on Accordingly, the Department and ATF have promulgated regulations implementing the GCA and NFA. Further, marks help prove in certain criminal prosecutions that firearms used in a crime have travelled in interstate or foreign commerce.). Stat. ATF will retain all comments as part of this rulemakings administrative record. The ATF will use a six-factor system to determine whether a modified firearm meets the clarified definition of a rifle, and would hence be subject to additional regulations. to the courts under 44 U.S.C. [1] Penal Law sections 265.50, 265.55 (prohibiting manufacture/possession of undetectable firearms); R.I. Gen. Laws section 11-47-8(e) (prohibiting possession of a ghost gun or an undetectable firearm or any firearm produced by a 3D printing process); Va. Code. However, the cost would increase considerably and the GCA only regulates the manufacture of firearms by Federal firearm licensees, not the making of firearms for personal use by private unlicensed individuals. In paragraph (b)(1)(iv)(A), remove the word manufacturer and add in its place manufacturer(s) of the firearm or privately made firearm (if privately made in the United States); b. 1953) (True enough, [these fishing rod kits] might be called `blanks' by those engaged in the trade, but what could they be called or to what practical use could they be put other than `fishing rods?' section 943.37(3). While the GCA does not Start Printed Page 27721define the term frame or receiver, to implement the statute, the terms firearm frame or receiver and frame or receiver were defined in regulations several decades ago as that part of a firearm that provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel. section 226.040(1)(d)(7); La. See How to Properly Destroy Firearms, ATF.gov, https://www.atf.gov/firearms/how-properly-destroy-firearms;; ATF Rul. The Director may authorize other means of identification or period of time to identify firearms upon receipt of a letter application or Form 3311.4 from you showing that such other identification or period is reasonable and will not hinder the effective administration of this part. 12. section 367.040(6)(b); Neb. ATF regulates firearms as defined by the Gun Control Act of 1968 and National Firearms Act, and therefore, in general, ATF does not regulate accessories such as "stabilizing braces." . This rule would also make minor clarifying edits to the format of the Firearms Acquisition and Disposition Record in 478.125(e). The supplement describes what it means to be a destroyed frame or receiver: One permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component, and that may not readily be assembled, completed, converted, or restored to a functional state. A firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. All Rights Reserved. on FederalRegister.gov With the rise in popularity of striker-fired Glock semiautomatic pistols in the mid-1980s, other manufacturers began incorporating a striker-fired mechanism, rather than a hammer, in semiautomatic handguns. Code section 19.60.020(1)(e); W. Va. Code section 47-26-2(b)(1); Wis. Stat. section 45-6-326; Neb. To properly implement the new definitions, this proposed rule would amend 27 CFR 478.92(a) and 479.102 to explain how and when markings must be applied on each part defined as a frame or receiver, particularly since there could be more than one part of a complete weapon, or complete muffler or silencer device, that is the frame or receiver (i.e., when ATF has not identified specific part(s) as the frame or receiver). Except as provided in paragraph (b)(4) of this section, each part defined as a frame or receiver, machine gun, or firearm muffler or firearm silencer, that is not a component part of a complete weapon or device at the time it is sold, shipped, or otherwise disposed of by you must be identified as required by this section with a serial number not duplicated on any other firearm and all additional identifying information, except that the model designation and caliber or gauge may be omitted if that information is unknown at the time the part is identified. (1) In the case of a firearm with more than one part that provides housing or a structure designed to hold or integrate one or more fire control or essential internal components (e.g., a split frame with upper assembly and lower assembly as in many semiautomatic rifles, upper slide assembly and lower grip module as in many semiautomatic handguns, or multiple silencer modular pieces), the Director may determine whether a specific part or parts of a weapon is the frame or receiver, which may include an internal frame or chassis at least partially exposed to the exterior to allow identification. Notice of proposed rulemaking; request for comment. The rule, which President Joe Biden requested as part of . See, e.g., United States v. Evans, 928 F.2d 858 (9th Cir. 4. Cent. 18 U.S.C. 68. Frame or receiver. section 66-391(b)(1); Ohio Rev. See Broughman v. Carver, 624 F.3d 670 (4th Cir. 19. This provision is crucial in light of advances in technology that allow unlicensed persons easily to produce firearms at home from parts ordered online, or by using 3D printers or personally owned or leased equipment. The engraving, casting, or stamping (impressing) of the serial number and additional information must be to a minimum depth of .003 inch and in a print size no smaller than 1/16 inch. Relevant information about this document from Regulations.gov provides additional context. The second largest impact would be $12,828 if a manufacturer had to retool their existing production equipment, but ATF anticipates this is unlikely because this proposed rule encompasses the majority of existing technology. For PMFs acquired by licensees before the effective date of the rule, licensees would be required to mark or cause them to be marked by another licensee either within 60 days from that date, or before the date of final disposition (including to a personal collection), whichever is sooner. 8, 2013). This PDF is This amendment would make clear that businesses that routinely repair or customize existing firearms, make or fit special barrels, stocks, or trigger mechanisms, or mark firearms as a service performed on firearms not for sale or distribution by a licensee, may be licensed as dealer-gunsmiths rather than as manufacturers. Minor changes to the above regulations regarding recordkeeping by licensees would also be needed to account for any voluntary receipts or other acquisitions (including from a personal collection) of privately made firearms, and corresponding dispositions (including to a personal collection). informational resource until the Administrative Committee of the Federal Provides clarity to courts on what constitutes a firearm frame or receiver. ATF Internal Revenue Service Memoranda #21208 (Mar. 1980) (weapons could not be readily restored to fire when restoration required master gunsmith in a gun shop and $65,000 worth of equipment and tools). In 479.88(b), remove manufacturer and add in its place manufacturer(s), remove the word importer and add in its place importer(s), and remove the words serial number and add in their place serial number(s). This feature is not available for this document. 922(i) (transporting or shipping stolen firearms in interstate or foreign commerce); id. See Rev. (h) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. 923(g)(1)(D); 27 CFR 478.125(f) (disposition records of a Federal firearms licensee's personal collection firearms must contain a complete description of the firearm); House Consideration and Passage of S.2414, 99th Cong., 2d Sess., 132 Cong. [31] See Ala. Code section 13A-11-64; Alaska Stat. The identification number, licensee name, licensee city or state, or license number placed by a licensee on a firearm frame or receiver in accordance with this part. ATF Letter to Private Counsel #907010 (Mar. Plaintiff says that it would be extremely difficult if not impossible to case with a `blank' rod and this is true, but we can conceive of no other practical use for them except as fishing rods. Fin. Of the potential number of licensed dealers and licensed pawnbrokers, ATF estimates that those directly affected would be a one-time surge of 5,298 licensed dealers, 710 licensed pawnbrokers, and 36 non-licensed dealers that would be affected. Code section 9.41.190 (prohibiting the manufacture with intent to sell of undetectable and untraceable firearms); see also Philadelphia Becomes First City To Ban 3D-Printed Gun Manufacturing, 2003-1 (destruction of Browning M1919 type receivers); ATF Rul.2003-2 (FN FAL type receivers); ATF Rul. * * * For purposes of this part, the term shall not include the temporary conveyance of a lawfully possessed firearm to a manufacturer or dealer qualified under this part for the sole purpose of repair, identification, evaluation, research, testing, or calibration, and return to the same lawful possessor. See also H.R. [27] See 27 CFR parts 478, 479. Licensees are also required by law to report the theft or loss of firearms on a Federal Firearms Licensee Theft/Loss Report, ATF Form 3310.11, which includes a description of the manufacturer, importer, model, serial number, type, and caliber/gauge of each firearm stolen or lost. See Internal Colt Memorandum from B. Northrop, Feb. 2, 1973, p.2 (noting that there were 2,752,812 military versus 25,774 civilian (Sporters) serialization of AR-15/M-16 rifles then manufactured). 552). The Director may issue a determination to a person whether an item is a firearm or armor piercing ammunition as defined in this part upon receipt of a written request or form prescribed by the Director. at 7805(a). Va. 2020) (indictment charging false statements on ATF Form 4473 in connection with the purchase of specific handguns listed by date of purchase, make, caliber, model, serial number, and name of FFL); United States v. McCurdy, 634 F. Supp. 552). 45. section 445-134.11(c)(10); 205 Ill. Comp. Descriptions of any Significant Alternatives to the Proposed Rule Which Accomplish the Stated Objectives of Applicable Statutes and Which Minimize any Significant Economic Impact of the Proposed Rule on Small Entities, E. Small Business Regulatory Enforcement Fairness Act of 1996, PART 447IMPORTATION OF ARMS, AMMUNITION AND IMPLEMENTS OF WAR, PART 478COMMERCE IN FIREARMS AND AMMUNITION, PART 479MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS, Read the 290029 public comments on this document, https://www.federalregister.gov/d/2021-10058, MODS: Government Publishing Office metadata, https://www.nytimes.com/2018/03/03/us/politics/ar-15-americas-rifle.html, https://www.forbes.com/sites/frankminiter/2017/01/20/a-star-is-born-u-s-army-chooses-sig-sauer-p320-for-its-new-service-pistol/, http://www.sadefensejournal.com/wp/a-matter-of-purpose-striker-fire-vs-hammer-fire/, https://www.military.com/daily-news/2017/01/19/army-picks-sig-sauer-replace-m9-service-pistol.html;, https://taskandpurpose.com/military-tech/modular-handgun-system-fielding/, https://apnews.com/article/396bbedbf4963a28bda99e7793ee6366, http://www.baltimoresun.com/news/crime/bs-pr-md-ci-cr-ghost-gun-ban-20210218-ae2dortu6ngn5llmfmq6yxtx6m-story.html;, https://www.wrvo.org/post/syracuse-joins-lawsuit-against-feds-amid-rise-ghost-guns#stream/0;, https://www.cbsnews.com/news/ghost-guns-untraceable-weapons-criminal-cases-60-minutes-2020-05-10/, https://www.mcall.com/news/pennsylvania/mc-nws-pa-philadelphia-ghost-guns-20200318-jzyt4thyvvgntproexbleyleay-story.html;, https://www.thetrace.org/2019/05/ghost-gun-california-crime/, https://www.wsj.com/articles/the-rise-of-untraceable-ghost-guns-1515061800;, https://www.npr.org/local/305/2020/03/02/811194978/how-d-c-is-addressing-an-ongoing-spike-in-gun-violence;, https://www.clickorlando.com/getting-results/2016/11/15/untraceable-ghost-guns-sold-across-central-florida/, https://www.justice.gov/usao-mdfl/pr/kissimmee-man-sentenced-five-years-prison-manufacturing-over-200-ghost-guns-without;, https://www.justice.gov/usao-edca/pr/grass-valley-man-sentenced-5-years-prison-unlawfully-manufacturing-ghost-guns-and;, https://www.justice.gov/usao-ri/pr/rhode-island-man-charged-building-selling-ghost-machine-gun;, https://www.justice.gov/usao-sdtx/pr/conroe-man-ordered-prison-making-ghost-guns;, https://www.justice.gov/usao-cdca/pr/seven-felons-indicted-dozens-firearms-seized-part-investigation-targeting-criminal-gun;, https://www.justice.gov/usao-edva/pr/man-sentenced-15-years-trafficking-ghost-guns-and-drugs;, https://www.justice.gov/usao-mdfl/pr/tampa-man-sentenced-over-five-years-manufacturing-counterfeit-credit-cards-fake-ids-and;, https://www.justice.gov/usao-edva/pr/alleged-dealer-ghost-guns-and-machinegun-conversion-devices-arraigned;, https://www.justice.gov/usao-ma/pr/connecticut-man-charged-firearm-trafficking;, https://www.justice.gov/usao-cdca/pr/operation-black-phoenix-leads-federal-charges-against-25-who-allegedly-engaged-illegal;, https://www.justice.gov/usao-md/pr/dc-felon-pleads-guilty-federal-court-maryland-illegal-possession-ghost-gun-firearm-and;, https://www.justice.gov/usao-edva/pr/ghost-gun-and-machine-gun-conversion-device-dealer-pleads-guilty;, https://www.justice.gov/usao-wdwa/pr/felon-sentenced-more-five-years-prison-arsenal-ghost-guns-and-smuggled-silencers;, https://www.justice.gov/usao-ndny/pr/montgomery-county-man-admits-unlawfully-selling-ghost-guns;, https://www.justice.gov/usao-ndia/pr/drug-dealer-who-sold-ghost-guns-silencers-and-machinegun-sentenced-thirty-years-federal;, https://www.justice.gov/usao-md/pr/baltimore-man-sentenced-21-years-federal-prison-five-bank-robberies-five-armed-robberies;, https://www.justice.gov/usao-edpa/pr/philadelphia-man-sentenced-12-12-years-trafficking-methamphetamine-and-weapons;, https://www.justice.gov/usao-cdca/pr/vineland-boys-gang-member-pleads-guilty-racketeering-offenses-including-attempted;, https://www.justice.gov/usao-cdca/pr/burbank-man-arrested-federal-complaint-alleging-he-sold-ghost-guns-out-his-hookah;, https://www.justice.gov/usao-ndny/pr/saratoga-county-man-admits-unlawfully-selling-ghost-guns-and-methamphetamine;, https://www.justice.gov/usao-cdca/pr/orange-county-man-sentenced-10-years-federal-prison-brokering-illegal-sales-ghost-guns, http://www.tucsonsentinel.com/local/report/020816_3d_printed_gun/cbp-3-d-printed-full-auto-rifle-seized-lukeville-crossing/, https://armamentresearch.com/3d-printed-firearms-seized-in-sweden/, https://time.com/5356179/3d-printed-guns-tsa/, https://www.justice.gov/opa/pr/indiana-residents-indicted-terrorism-and-firearms-charges;, https://www.independent.co.uk/news/world/europe/3d-gun-print-germany-synagogue-shooting-stephan-balliet-neo-nazi-a9152746.html;, https://www.nextgov.com/emerging-tech/2020/03/tsa-confiscated-3d-printed-guns-raleigh-durham-international-airport/163533/, https://www.justice.gov/usao-sdca/pr/man-sentenced-attempting-board-international-flight-loaded-firearm;, https://www.anu.edu.au/news/all-news/glock-ghost-guns-up-for-grabs-on-the-dark-web;, https://www.bbc.com/news/world-europe-56798743, https://reason.com/2013/11/22/philadelphia-becomes-first-city-to-ban-3/, https://mocoshow.com/blog/county-council-unanimously-approves-ghost-gun-bill/?fbclid=IwAR1KCyFal3AId31WKCTLanR-uEUj_-dW_T32lND5gfKmle_-nvIbZyT052, https://www.youtube.com/watch?v=ThzFOIYZgIg, https://www.youtube.com/watch?v=nO-8Pns9aq4;, https://www.youtube.com/watch?v=a0JM5v45vsg;, https://www.youtube.com/watch?v=5SaNLrhnnuA, https://www.justice.gov/usao-ct/pr/bridgeport-felon-sentenced-more-5-years-federal-prison-possessing-firearms;, https://www.boston.com/news/crime/2020/08/05/winthrop-man-had-homemade-ghost-guns-prosecutors-say;, https://www.pennlive.com/crime/2020/07/ghost-gun-used-in-shooting-that-killed-two-outside-snyder-county-restaurant.html;, https://www.cnn.com/2019/11/21/us/saugus-shooting-ghost-gun/index.html;, https://www.lehighvalleylive.com/news/2018/05/how_the_felon_killed_at_walmar.html;, https://www.kiro7.com/news/local/ghost-guns-federal-loophole-allows-felons-to-legally-buy-gun-parts-online-build-assault-weapons/703695149/, https://www.atf.gov/firearms/how-properly-destroy-firearms;. [ 79 ] this proposed rule would also make minor clarifying edits to the format of FINAL... Implementing the GCA and NFA Firearms, and those Rulings would become obsolete upon publication of a rule! Or operable Code section 47-26-2 ( b ) ( 1 ) ; Neb, ATF.gov https! Provides clarity to courts on what constitutes a firearm muffler or firearm silencer contains! 922 ( i ) ( transporting or shipping stolen Firearms in interstate or foreign commerce..... Provides clarity to courts on what constitutes a firearm muffler or firearm silencer that all... The current Burden listed in this collection of information is 201,205 hours or foreign commerce ) ; La of rulemakings..., at 2200 ( April 29, 1968 ) ( 1 ) b! Atf Letter to Private Counsel # 907010 ( Mar people used to without! One-Time number of responses of 12,088 responses ( 6,044 respondents * 2 responses ) Inspection on Accordingly, the and. ; Ohio Rev at 2200 ( April 29, 1968 ) ( d ) ( )... ; W. Va. 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