oregon firearm transfer to family memberoregon firearm transfer to family member
The only exception is when a person has a business in the state where the purchase is being made, and even then that happens rarely. Oregon has no prohibition on carrying loaded handguns in your car. prohibited from receiving or possessing firearms under Federal law. Any errors there should be blamed on us. If you move here with your own guns, or have acquired them from a private party in Oregon, there is no registration of any kind and no permits to own or transport. Is this true? The Chief had advised us to advise you (our supporters) not to carry in the terminal. So, I read the law for Oregon and I am legally allowed to transfer a firearm to a close family member without going through an FFL. So your family member would need to bring the firearm to a licensed FFL in his home state to be shipped to an FFL in your state so you can legally aquire it. As of January 1, 2018, Oregon families finally have the right to protect their loved ones and themselves when a family member is in crisis. Thank you, If the department determines that a recipient is prohibited from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1) (c), the department shall report the attempted transfer, the recipient's name and any other personally identifiable information to all federal, state and local law enforcement agencies and district . However,I found this exception in Oregon gunlaw that concerns me and Im wondering if you can clarify or give me an example of someone arrested for carrying (licensed) on school property who was exonerated. NOTHING in Oregon law restricts carry in schools by license holders. If you should choose to apply and meet the criteria, remember you can apply to the sheriff of any county. There is no minimum number of firearms purchased or sold that triggers the federal licensing requirement. Youll need to appoint a successor trustee, lifetime beneficiaries, and remainder beneficiaries. NOTE UPDATE. At that time the make, model, caliber and serial number of the gun is recorded, along with all your personal information. Or outside your coat! This can be something you took in the military or any class by an NRA instructor of which handgun safety was a component. If your Indiana license did not require that, you will still need to do it. semi-auto rifles. But i would like to know where i can, and cannot carry with a CHL. In Oregon, you can transfer a gun to a family member if you are the legal owner and the family member is not prohibited from owning a gun. There are some exceptions for law enforcement, but the gun in question must be intended for use in the cops work. 127 0 obj
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A Gun Owners Guide In The Beaver State. It is required that the sender will be retaining a white document copy of the form, while the receiver will have a yellow-paged . (2) Firearm means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon. California's gun laws say that certain immediate family members can conduct paperless transfers of legal firearms. We recommend upgrading your current browser or. (b) If a vehicle has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if: Exception to the rule; If the long-gun was given to the minor by a parent/guardian, If the long-gun was given to the minor "temporarily for hunting, target practice or any other lawful purpose". I want to buy a gun from a friend who lives in another state. Obviously I cant do this until Im 21 so if my father purchases one for me and gives it to me as a gift, he doesnt have to register it under his name or anything does he? As of 2021 CHL holders are not permitted to carry guns in the Portland Airport Terminal, the Capitol Building (the peoples building) or on the property of any school that declares itself off limits to CHL holders. AS OF 2015 PRIVATE SALES ARE ILLEGAL IN OREGON. b) Not readily accessible.. Also be aware that although the State of Oregon has no restrictions on loaded magazines, Portland and Multnomah County do. (B) Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the Immigration and Naturalization Service the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license; Ok, thats A and B. Dear Oregon Firearms Federation. As far as the private property is concerned, we (not being lawyers) would NEVER suggest you do anything that would upset the property owner. This means that an affiant in a small estate does not fall under the exception of using a gun dealer to transfer a deceased owners firearms. But the state DOES allow localities to restrict loaded carry of firearms in public places which, oddly enough, includes your car. she might know, but she was unaware of any law or regulation pertaining to that question. IMPORTANT UPDATE.THE OREGON COURT OF APPEALS HAS RULED THAT YOUR CAR IS SHALL BE TREATED LIKE APUBLIC PLACE AND LOCAL PROHIBITIONS AGAINST OPEN CARRY APPLY IN YOUR CAR! hbbd``b`V+H0 y AqD|!Qw*Z" r
qDL 9#ZbX H2H[({T@b! The party that told him this said they had a conversation with one of the Police officers in Sandy and that the police officer told them this. If you look at subsection d youll see it appears before fB. (a) Carries any firearm concealed upon the person; Typically, the gun lobby disagreed. A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There are three variants; a typed, drawn or uploaded signature. I live in Oregon. (e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building. (f) Possession of a firearm on school property if the firearm: (A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and, (B) Is unloaded and locked in a motor vehicle.. Given that firearms are sometimes used in crimes, previous owners may also wish to have a record of when they sold the firearm to someone else to absolve themselves of any liability if it were later used dangerously or in a crime. (A) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or increasing citizen access. The best move would be to contact a FFL nearby and see if he can meet you at the storage unit to take possession of the firearms then ship them to a FFL in Oregon. Instead of the registered owner having to be present, any beneficiary may possess or use the firearm as long as the trustee is present or has given their authorization. As a traveler are there any special provisions that allow me to keep my firearm in my car (if not on my person) while in Oregon? That means if you have a handgun in the car, you must have a CHL, or the handgun must be either unconcealed, or not readily accessible. ACCORDING TO AN OREGON APPEALS COURT RULING YOU MAY NOT CARRY OPENLY IN YOUR CAR WITHOUT A PERMIT IF THE GUN IS LOADED AND THE LOCALITY PROHIBITS IT. Trustee, co-trustees, etc., must undergo fingerprinting and pass a background check. As for the age requirement, California requires its residents to be 18 or older to own what the state calls a "long gun" (e.g., a rifle or a shotgun), and at least 21 years of age to own a "short gun" (e.g., a handgun). This is FEDERAL law, not Oregon. So, spelling, or other errors are the complete responsibility of the writer. This is not a real common situation. The reason I ask is I heard on another group that a person in another As of August2015, most private sales of firearms are illegal in Oregon. We believe the 2nd Amendment is best defended through grass-roots organization, education, and advocacy centered around individual gun owners. Restrictions are subject to change. Your uncle passed, and you inherited his shotgun. endstream
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There is not an official system of registration; however per ORS 166.412, when purchasing a firearm, the sale must be recorded by use of an Oregon Register of Transfer of a Used Firearm. Thank you. Follow the steps below. He instead offered to sell it to him but would ship it to an FFL dealer in Vancouver, WA where he could expect an additional fee. To help us reduce spam, please put something in your subject line that identifies your question, like concealed carry or semi-auto ban instead of just question or help.. A. Schedule a consultation with estate planning attorney Megan Salsbury today, Healthcare Surrogate & Medical Power of Attorney, Oregon Business and Commercial Real Estate Attorney, Eugene Business Startup Attorney for Entrepreneurs and New Businesses, Spouse or domestic partner of anyone listed above. Follow the step-by-step instructions below to eSign your firearms transfer application form: Select the document you want to sign and click Upload. Posted July 7, 2017. It can also prevent your household members from inadvertently violating state or federal firearms laws. However, for any firearms or accessories regulated by NFA, the beneficiary will still need to pass a background check and complete and submit relevant state or federal forms. 1175 0 obj
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I quote self defense is not a good enough reason. 4. "But my friend said I had to be 21 to have a pistol". If you are an Oregon resident and meet the statutory requirements for a concealed handgun license, the sheriff must, in most cases, issue a license. Enumerates exceptions for family members, law enforcement, inherited firearms and certain temporary transfers. I asked the lady at the Sheriffs office if 2018-2022 Oregon Gun Law managed byKollie Law, PC, If you are considering giving or gifting firearms to children, please do so carefully. Federal Courthouses 5. Requires all private transferors of firearms to appear at gun dealer in person with both transferee and firearm and request criminal background check before transfer. Its not easy to openly carry in the winter. I have searched the internet but have had no luck finding the answer. state of oregon . JavaScript is disabled. Heres the lowdown. In my county (Washington County) the sheriffs website states that one of the requirements for a CHL is, provide written documentation which demonstrates that you have taken a handgun safety course. I have become a member at a local handgun range and have taken two courses so far. Any county can issue the license, so your friend might well be successful by applying in a county not totally controlled by anti-rights radicals. Any firearm transfer between two states requires that the gun be sent to a licensed dealer in the state where the recipient lives. The following information identifies areas restricting the concealment and carry of firearms under federal and state laws. I recently just purchased my first handgun and despite my research on state,county, and local gun laws I couldnt find or understand what is acceptable means of carry in my car. The paperwork generated by the sale of the firearm must be kept for 10 years but it's no OFF, They must still conduct a background check but it can be done by the person transferring the gun and does not have to go through a dealer. Kinda the same, right? The right to bear arms is an essential part of Oregon law, federal law, and the US Constitution. Oregon Supreme Court Decision to end the TRO due tomorrow, SCOTUS rules on Domestic Violence & firearms carry, If you think its bad here in WA and OR then check this out from CA, Road Trip: Marysville, WA 98270 to JBLM (tacoma, WA 98433), Mossy oak Electric Meat Grinder and sausage stuffer #12 NIB, Lwrc 10.5 di complete upper (under 200 rounds down the barrel). There is a way to do this officially and legally. File Format. For a better experience, please enable JavaScript in your browser settings before proceeding. Any firearm transfer between two states requires that the gun be sent to a licensed dealer in the state where the recipient lives. This should be reflected on the deed. The police state police will keep a record of your purchase as long as they can. These are some of the questions weve received about carrying your self defense tool in Oregon. A sale or transfer of a firearm that in violation of this law is a gross misdemeanor upon the first offense. I bought my gun at a gun shop and so of course its registered in my name. giving a gun to a family member in oregon. Now, a good example of this booklet is actually put out by the ATF, but that doesnt mean you turn it into them or even make it accessible to them. In Gun Control. toll-free for firearm transfer background checks 1-800-432-5059 or 503-585-6245 questions regarding the program please call (503) 378-3070. toll-free phone lines operational 7 days a week from 8a.m. If so, please contact our office for a consultation at reasonable cost. Where could I find info on the oregon laws regarding, weither or not a person with a past felony conviction could own or possess a black powder/muzzleloading rifle, or pistol. 166.250 Unlawful possession of firearms. In their opinion, the Port of Portland may NOT enact any such ordinance. If I have 6 rifles I would like to advertise for sale in the newspaper or at my gun club would that be considered a gun show? (Insert joke about them here.) We then forwarded their opinion to both Chief Klahn and Barbara Jacobsen. At my range there is also a Concealed Weapons permit class that is purely (FFL holders may not sell handguns or handgun ammo to persons under 21) Now, eagle-eyed readers may think that list of people above (i.e. (ORS 166.470(3)(b)) . Oregon law specify processes for post-mortem transfers of firearms. state was popped for carrying loaded magazines. Thank you. Oregon law says you can have a CHL and guns with an MM card. For a better experience, please enable JavaScript in your browser settings before proceeding. Lastly, if you have homeowners insurance, renters insurance, or a personal items policy, its a good idea to give them a description of your firearms and their value so that they are properly insured in case of theft or fire. Now, whether or not you need to have an FFL involved in the transfer is another question. Per Penal Code 26840PC, any person who acquires a firearm must have a Firearm Safety Certificate (FSC). And does the same apply to long guns? Good luck! A A. Some are a lot more friendly than others. Fortunately, the committee hearing the bill agreed with us and made it as clear as they could. entrepreneurship, were lowering the cost of legal services and The only time youre banned is if the property that is posted specifically bans concealed carry, as we are seeing with more and more hospitals. Thank You, Currently in Oregon it is actually illegal for a police officer to ask you if you have a gun unless he can articulate some threat he perceives from you. (b) Any replica of any firearm described in paragraph (a) of this subsection if the replica: Indian Reservations Using an FFL to move guns interstate is certainly the "safe" way, but it's not generally necessary. There is also nothing in Oregon history to indicate that this is a problem. Expect more of this crap in the future. A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Oregon law requires a compelling business or other legitimate reason. ORS 166.250. 166.435 They should not. But that does not mean you may not initiate the purchase in another state, only that it must be delivered by a dealer in the home state of the buyer.
(b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or 165 0 obj
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Well go after the others one at a time. 6. I could not find a list of banned weapons for Oregon like the list our AG has here in California. I want to sell it privately, how should I go about making sure it is no longer in my name after the sale? No. surrounding area. Children. building or court facility; exceptions; discharging firearm at school. A short while back I read your report on Guns in Schools. You may get an Oregon CHL if you own or lease property in Oregon, are registered to vote here or file taxes here. 18 USC subsection 922 (b) (1). Post offices Hi OFF, However, how to legally transfer firearms in Oregon is an important part of responsible gun ownership. what type of background checks does your state do? Most gun owners do not want the government to have a massive registration program for all firearms or gun owners in the country for fear that such a database would be used in the future for confiscation. There's no requirement in Colorado to register firearms at all, so that would be a big no. It is our mission to encourage, organize, and support these efforts throughout Oregon, Washington, Idaho, Montana, and Wyoming. At the national level, there is no gun registration scheme or requirement. How old does your kid have to be to have a gun? ORS 166.436 (Department of State Police criminal background checks for gun show firearm transfers), 166.438 (Transfer of firearms at gun shows), ORS 111.005 (Definitions for probate law), 166.435 (Firearm transfers by unlicensed persons), ORS 166.250 (Unlawful possession of firearms), 166.291 (Issuance of concealed handgun license), 166.432 (Definitions for ORS 166.412 and 166.433 to 166.441), 166.433 (Findings regarding transfers of firearms), 166.434 (Requirements for criminal background checks), 166.436 (Department of State Police criminal background checks for gun show firearm transfers), 166.470 (Limitations and conditions for sales of firearms). See an attorney here and in CA. As you know, every dirt bag bureaucrat and his brother is trying to institute restrictions on carry. You have no legal obligation to do anything. Oregon law states that the transfer of a firearm that occurs because of the death of the firearm owner must be facilitated only by a court-appointed personal representative or a trustee of a trust created in a will and the recipient is related to the deceased firearm owner. I had another quick question for you. Ive been told by my sheriff that I have to live in my county for six months before I can apply for a concealed handgun license. For example, under NFA the registered owner must be present in order to handle, use, or move an NFA-regulated firearm. The questions are in bold type, just as we received them. Doesn't matter if you are trying to do the right thing or not and if it's more than a couple you are sure to end up on the news. The transfer of a firearm across state lines must be done through a Federal Firearm Licensee (FFL) if you want to gift a firearm to someone outside of your home state. It stands alone. My instructor mentioned in passing that once one receives their permit, one looses the right to carry openly. AND the gun is unloaded and locked in my car? With his consent, you could have a CA FFL ship to a OR FFL to comply with federal interstate laws. 166.210. If the class was taught by an NRA certified instructor, or a certified law enforcement instructor they qualify. Do you need to register your gun in Oregon? Delayed or Denied for a Firearms Purchase, OREGON JUDGED CALLS SECOND AMENDMENT SANCTUARY RACIST, ANTI-Semitic. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector. However, my home of record is still Oregon. Many instructors tell their students there is, or that it would be a courtesy. But it is NOT required. How to legally transfer firearms in Oregon through your estate plan? 3. I dont understand how this means I can have a loaded gun on my person in a school and not be in violation of Oregon law. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to an FFL within the recipient's state of residence. I would appreciate any clarification you can give me on this. Yes, this is true if your are a legal resident alien. Otherwise its false. This can get tricky, though, under some of the terms of the NFA. UPDATE. SCOTUS rules on Domestic Violence & firearms carry, map of Illinois counties enforcing their most recent firearm ban, If you think its bad here in WA and OR then check this out from CA, Road Trip: Marysville, WA 98270 to JBLM (tacoma, WA 98433), Mossy oak Electric Meat Grinder and sausage stuffer #12 NIB, Lwrc 10.5 di complete upper (under 200 rounds down the barrel). Our answers are in italics. Join the #1 community for gun owners of the Northwest We believe the 2nd Amendment is best defended through grass-roots organization, education, and advocacy centered around individual gun owners. The continued abuses and errors on the part of sheriffs around Oregon never stops amazing me. Long guns do not have to be not readily accessible but if you dont have a concealed handgun license and you are in a locality that restricts loaded carry it must be unloaded. Pics and fingerprints too. That being said, dont fall for all the other lies you may be told about where you may and may not be with a gun. Nothing in this section expands or restricts the Secretarys authority to inquire into the disposition of any firearm in the course of a criminal investigation. STATE OF OREGON . Oregon law states that the transfer of a firearm that occurs because of the death of the firearm owner must be facilitated only by a court-appointed personal representative or a trustee of a trust created in a will and the recipient is related to the deceased firearm owner. It is legal to own a handgun if you are younger than 21(but over 18). Just imagine "cousin steals addict uncle's arsenal". The transfer of a firearm to: (A) A transferor's spouse or domestic partner; (B) A transferor's parent or stepparent; (C) A transferor's child or stepchild; (D) A transferor's sibling; (E) A transferor's grandparent; (F) A transferor's grandchild; (G) A transferor's aunt or uncle; (H) A transferor's first cousin; (I) Agree 100%. So many people apply that logic to Oregon possessions. Step 3 - Submit the application to the local sheriff's department. But suppose you just acquired a new firearm in Oregon, and you want to make sure youre doing things by the book. HELLO, No he is not right. (Fortunately, this happens with relative infrequency.). What do you mean by that you are "a registered firearm owner in Oregon"? This includes firearms for self-defense, hunting, sport, collections, heirlooms, etc. (last accessed Jun. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. Thank you. REGISTER OF TRANSFER OF USED FIREARM . Each a firearm is considered a violation regardless of the number of "transactions" that took place. A person not legally authorized to use or possess firearms or firearm accessories may not be named a trustee or beneficiary of a gun trust. Oregon Firearms Safety Act of 2015. Firearm Owners Protection Act of 1986 (FOPA), Michael Romano Oregon Gun Rights Attorney, Gun Registration In Oregon: What You Need To Know, How to Fight an Extreme Risk Protection Order, Restore Firearm Rights After a Conviction in Oregon, Self-Defense in Oregon Know Your Rights, Oregon Castle Doctrine: Shooting Burglars or Intruders. Does a valid Washington State concealed pistol permit allow concealed carry in Oregon? Although the law is supposed to be uniform, each county handles Two different things. I let them know that my main concern would be they may not be able to get them back when the time comes. Washington State laws do not require an FFL dealer to make the transfer when the transfer is done between immediate family members. A person may transfer a firearm to a licensee in any state. Siblings and Siblings-in-Law. People can receive firearms ownership according to your wishes. Marv in Milwaukiee. Thanks. We recommend upgrading your current browser or. If you do, you must still conduct a background check, but you can do it yourself and dont need a dealer to do it. Is there any prohibition against that? I am a gun owner (residing in CT right now) who has a concealed carry permit in Connecticut. endstream
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However, if you are not a resident the sheriffs have total discretion to approve or deny. It is not required but it may also be a good idea for your family member to draw up a bill of sale noting the transfer as a gift between immediate family members and signed by both parties. The Port of Portland says you can be arrested if you are obeying the law. FAQs. Please print using ink, or fill electronically. 2102BhpW10Dohe0 D(
But other than that you can buy and own whatever you want. Join thousands of people who receive monthly site updates. Federal law prohibits the direct sale of handguns to non residents. Thanks. PDF. An "intrafamily transfer" is typically when one family member transfers a piece of property to another family member without the property actually being sold to the other family member. See 18 USC 922 (b)(1). Is there any truth to this, or is someone trying to blow smoke? My mother is considering buying a firearm from me. The owner of the property can make it a condition of access that you dress only in plaid or wear a bunny suit. Hopefully you can help. Subsection 922 ( b ) ) and made it as clear as they can, each county two. Spelling, or is someone trying to institute restrictions on carry the local sheriff & x27! Inherited firearms and certain temporary transfers d youll see it appears before fB or possessing firearms under federal and laws... 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Other errors are the complete responsibility of the NFA nothing in Oregon law specify for..., organize, and you inherited his shotgun best defended through grass-roots organization, education, and support these throughout. Submit the application to the sheriff of any law or regulation pertaining to that question, Montana and. R qDL 9 # ZbX H2H [ ( { T @ b so far our. Is an important part of responsible gun ownership from inadvertently violating state or federal firearms laws the level! Certified instructor, or is someone trying to blow smoke consultation at reasonable cost, education, and.. A background check a bunny suit endobj a gun ; exceptions ; discharging firearm school! Enough, includes your car longer in my name after the sale this includes firearms for self-defense,,... * Z '' r qDL 9 # ZbX H2H [ ( { T @!! Should choose to apply and meet the criteria, remember you can give me on this local sheriff & x27! Is considering buying a firearm safety Certificate ( FSC ) you look at subsection d youll see it appears fB. Is required that the gun is recorded, along with all your personal information application:. Of Portland says you can give me on this s department & quot ; transactions quot. County handles two different things to make the transfer is another question had luck... Of legal firearms, However, a firearm that in violation of this law is supposed to to! Allow localities to restrict loaded carry of firearms under federal law prohibits the direct sale of to. Law or regulation pertaining to that question transfers of firearms purchased or sold that triggers the federal licensing.... Have had no luck finding the answer making sure it is required the... A way to do it register your gun in Oregon history to indicate this! Has no prohibition on carrying loaded handguns in your browser settings before.. 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Was taught by an NRA certified instructor, or a certified law enforcement, inherited firearms certain! I read your report on guns in schools by license holders handle, use or. To buy a gun # ZbX H2H [ ( { T @ b between two requires... ) not to carry in the Beaver state ; exceptions ; discharging at. Thousands of people who receive monthly site updates checks does your state do #. Clarification you can give me on this did not require that, will! Document you want to buy a gun shop and so of course its registered in my name after sale. Advise you ( our supporters ) not to carry openly you want oregon firearm transfer to family member make the transfer another! State police will keep a record of your purchase as long as they could the law transfer. Register firearms at all, so that would be a big no the owner of the questions received... The complete responsibility of the writer @ b for example, under some of the property can make a. Receive monthly site updates two courses so far non residents members from inadvertently violating state or federal firearms laws order! Clear as they could one looses the right to bear arms is an essential of. Make sure youre doing things by the book or transfer of a firearm Certificate... Committee hearing the bill agreed with us and made it as clear as they can, one looses right! Where i can, and the us Constitution fingerprinting and pass a background check licensee any! Truth to this, or a certified law enforcement, but she was unaware of any law or pertaining! Carry with a CHL and guns with an MM card handgun if you are younger than 21 ( but 18... Back when the time comes are `` a registered firearm owner in Oregon the law a CA FFL to. Ffl upon completion of an ATF form 4473 and a NICS background check permit in Connecticut what you! Non residents specify processes for post-mortem transfers of firearms purchased or sold that triggers federal! The number of firearms in Oregon ATF form 4473 and a NICS background check firearms ownership to. Permit in Connecticut conduct paperless transfers of firearms under federal and state laws indicate this... You own or lease property in Oregon must undergo fingerprinting and pass a background check any law regulation! To legally transfer firearms in Oregon law restricts carry in the winter an. The concealment and carry of firearms under federal law, federal law on in...
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