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gun control act of 1986

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[10][11][12] The bill, H.R. The Act also amended the GCA to prohibit the transfer or possession of machine guns. Definitions of certain terms in the law include: The Act also forbade the U.S. Government agency from keeping a registry directly linking non-National Firearms Act firearms to their owners, the specific language of this law (Federal Law 18 U.S.C. E ven amidst growing gun violence in Miami and other cities across America, in 1986 the NRA was aiming to restore the gun liberties the Gun Control Act of 1968 had taken away. United States v. Cassidy, 899 F.2d 543 (6th Cir. The Firearms Owners’ Protection Act of 1986 (FOPA) eased many restrictions of the Gun Control Act. A thorough understanding of the amendments is critical to a comprehension of Federal firearms laws as they now exist, since they effectively overruled decades of caselaw which construed the 1968 Act. 99-495) Federal Firearms Law Reform Act of 1986 - Amends the Gun Control Act of 1968 to prohibit the transfer or possession of silencers. You’ve cast your vote. 926 ) being: No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nevertheless, at one point the ATF's National Tracing Center (NTC) contained hundreds of millions of firearm tracing and registration records, and consisted of several databases; but as of May 2016, many of these databases have been deleted to fall inline with record deletion requirements, per the Government Accountability Office (GAO).[18]. National Firearms Act of 1934,4 the Gun Control Act of 1968,5 the Firearm Owners’ Protection Act of 1986, 6 and the Brady Handgun Violence Prevention Act of 1993. The story of American gun control legislation didn’t end with the 1968 amendments to the NFA. Young Americans have historically been the least involved in politics, despite the huge consequences policies can have on them. Now what? Add a note about this bill. 74", "Interstate Travel: Understanding Article 926A of FOPA", "Ass'n of NJ Rifle & Pistol Clubs, Inc. v.Port Auth. Follow @govtrack.us on Instagram for new 60-second summary videos of legislation in Congress. It also loosened regulations on the sale and transfer of ammunition. The exception is if the nonimmigrant is in possession of a valid hunting license issued by a US state and/or has been granted a waiver from the Attorney General. Anyone who is an unlawful user of or addicted to any, Anyone who has been adjudicated as a mental defective or has been involuntarily committed to a. An exception to the "once per year" rule exists if multiple record-keeping violations are recorded in an inspection, in which case the ATF may do a follow-up inspection. Summary: The 1986 Amendments to the Gun Control Act were the result of a nearly-unparalleled legislative battle. However, this list differed between the House and the Senate versions of the bill, and led to confusion. The law is currently codified in … Signed into law by Reagan on May 19, 1986, the legislation amended the Gun Control Act of 1968 by repealing parts of the original act that were deemed by studies to be unconstitutional. Amendment by Pub. the Congress, as expressed in section 101 of the Gun Control Act of 1968, that "it is not the purpose of this title to place any 18 USC 921 note. Voterama Subscription Service for Periodicals and Public Interest Organizations. (A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or. 4332, as a whole passed in Record Vote No: 75 on a motion to recommit. An Act to amend title 18, United States Code, to provide for better control of the interstate traffic in firearms. With a huge base of “law and order” conservatives, new funding channels, and a host of “sympathetic” legislators, it succeeded. The purpose of the constitution is not for sporting, but as the last resort to keep tyranny out of the U.S government. In 1934, congress passed the federal firearms act, restricting so-called destructive devices. 1990); Second Amendment to the United States Constitution, Federal Law Enforcement Officers Association, International Association of Chiefs of Police, National Organization of Black Law Enforcement Executives, International Union of Police Associations, National Association of Police Organizations, https://www.law.cornell.edu/uscode/text/18/926, "18 U.S. Code § 926A - Interstate transportation of firearms", "MEASURE TO RELAX GUN RULES DENOUNCED BY POLICE GROUPS", http://www.cga.ct.gov/2009/rpt/2009-R-0020.htm, "Federal Firearms Law Reform Act of 1986: Roll Vote No. By joining our advisory group, you can help us make GovTrack more useful and engaging to young voters like you. This page was last edited on 25 December 2020, at 02:25. And starting in 2019 we’ll be tracking Congress’s oversight investigations of the executive branch. The 1986 list is: These provisions are stated in the form of questions on Federal Form 4473. As such, FOPA makes it illegal for the national government or any state in the country to keep any sort of database or … We’re looking to learn more about who uses GovTrack and what features you find helpful or think could be improved. GovTrack.us is not a government website. Visit us on Instagram, “Procrastinate now,” Ellen DeGeneres once quipped. If you’ve visited a bill page on GovTrack.us recently, you may have noticed a new “study guide” tab located just below the bill title. Your note is for you and will not be shared with anyone. The Gun Control Act of 1968 (GCA or GCA68) is a U.S. federal law that regulates the firearms industry and firearms ownership. [1]:12, The report also said that 75 percent of ATF prosecutions "were aimed at ordinary citizens who had neither criminal intent nor knowledge, but were enticed by agents into unknowing technical violations." "[1], The Firearm Owners Protection Act of 1986 (FOPA) addressed the abuses noted in the 1982 Senate Judiciary Subcommittee report. The Gun Control Act of 1968 (GCA or GCA68) is a U.S. federal law that regulates the firearms industry and firearms owners. Because you are a member of panel, your positions on legislation and notes below will be shared with the panel administrators. The McClure-Volkmer Act, created in 1986 and listed in the U.S. Code is an amendment to the Gun Control Act of 1968. However, after the voice vote on the Hughes Amendment, Rangel ignored a plea to take a recorded vote and moved on to Recorded Vote 74. Do you think that the federal government should decide what types of guns can be owned by private citizens? 776, an amendment to H.AMDT 770 involving the interstate sale of handguns; while Recorded Vote 74 was on H.AMDT 770, involving primarily the easing of interstate sales and the safe passage provision. In the intervening time subsequent legislation may have amended or repealed the provisions below. L. 99–308, set out as a note under section 921 of Title 18, Crimes and Criminal Procedure. In 2001, the United States Court of Appeals for the Fifth Circuit (consisting of Texas, Louisiana and Mississippi) ruled that the Lautenberg Amendment, 18 U.S.C. You are reading a bill enacted 12,642 days ago. This summary is from Wikipedia. The GCA constituted the last major gun control bill to pass Congress until the Firearms Owners’ Protection Act of 1986, which reduced a number of the controls imposed by the GCA. The Armed Career Criminal Act increases penalties for possession of firearms by persons not qualified to own them under the Gun Control Act of 1986. Follow @govtrack on Twitter for posts about legislative activity and other information we’re tracking, and some commentary. The main reason for a follow-up inspection would be if guns could not be accounted for. Signed by President Lyndon B. Johnson, the Gun Control Act of 1968, or Public Law 90-618, soon became known as Title I, repealing the Federal Firearms Act of 1938 and relegating the National Firearms Act of 1934 to Title II. Allegations of abuse by ATF inspectors after passage of the act arose from the National Rifle Association (NRA) and some FFL licensees. 18 U.S.C., § 921(A)(17)(A) The term “Ammunition” means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.. Postal Service, removal of the requirement for record keeping on sales of non-armor-piercing ammunition, and federal protection of transportation of firearms through states where possession of those firearms would otherwise be illegal. Under the Gun Control Act of 1968, the Bureau of Alcohol, Tobacco and Firearms (ATF) was given wide latitude on the enforcement of regulations pertaining to holders of Federal Firearms Licenses (FFL) (which enable an individual or a company to engage in a business pertaining to the manufacture or importation of firearms and ammunition, or the interstate and intrastate sale of firearms). Portions of the ’68 law were modified by a law passed by Congress in 1986, the Firearms Owners Protections Act, which sought to repeal even more of the law. [55] Not until the Brady Act of 1994, would Congress again pass significant control legislation. Congress returned to the subject again in 1986 with the Firearm Owners’ Protection Act (FOPA), a complex piece of legislation which—among other things—reshaped the ways in which civilians could own select-fire or fully automatic weapons. Yes, this ban is still in effect. the transferee must, as part of the registration process, pass an extensive Federal Bureau of Investigation criminal background investigation. Allegations of abuse by ATF inspectors after passage of the act arose from the National Rifle Association(NRA) and some FFL licen… 8 The Commerce Clause 7 Generally, Congress has relied on its authority under the Commerce Clause to enact such statutes. Xavier Becerra is Joe Biden’s nominee for Secretary of Health and Human Services; how did he vote…. We’ll be in touch. An unlicensed individual may acquire machine guns, with ATF approval. There is, however, some controversy over what role the government should play in regulating gun ownership. In 1968, the Gun Control Act of 1968, put even more UNCONSTITUTIONAL gun control up, making it illegal to own guns which aren't sporting. The act (called the Firearms Owner Protection Act of 1986) made it unlawful for a citizen to transfer or possess a machine gun unless that machine gun was lawfully possessed at the time the law went into effect. Despite the controversial amendment, the Senate, in S.B. for Periodicals/Public Interest Organizations. Do you think that they should set limits on how many bullets can be purchased in a magazine… The Act required the licensing of all manufacturers and dealers involved in the interstate commerce of firearms.” (1) Background The federal gun control debate reached attention in 1937. The Firearm Owners' Protection Act of 1986 (FOPA) is a United States federal law that revised many provisions of the Gun Control Act of 1968. The Clinton administration managed to pass the Brady Act, requiring background We hope to enable educators to build lesson plans centered around any bill or vote in Congress, even those as recent as yesterday. GovTrack.us now offers a subscription service for local newspapers, digital publications, and other public interest organizations, The ultimate procrastinators: Analyzing the final piece of legislation introduced in each Congress…. of NY & NJ , No. Even this modest control effort was subsequently diluted by the Firearms Owners Protection Act of 1986. The bill was subsequently passed and signed on May 19, 1986 by President Ronald Reagan to become Public Law 99-308, the Firearms Owners' Protection Act. [26], "FOPA" redirects here. The law mainly enacted protections for gun owners — prohibiting a national registry of dealer records, limiting ATF inspections to once per year (unless there are multiple infractions), softening what is defined as “engaging in the business” of selling firearms, and allowing licensed dealers to sell firearms at “gun shows” in their state. Exempts certain activities … Effective Date of 1986 Amendment. In the morning hours of April 10, 1986, H.Amdt.777 Amendment passed the House by voice vote, and the House held recorded votes on three amendments to FOPA in Record Vote No's 72, 73, and 74. Recorded Vote 72 was on H.AMDT. Anyone who, having been a citizen of the United States, has renounced his or her citizenship. [13][14], This section has also been interpreted to protect air travel.[15][16]. The lone piece of significant legislation related to gun rights during the Reagan administration was the Firearm Owners Protection Act of 1986. The ATF, as a representative of the U.S. and with authority from the National Firearms Act, can authorize the transfer of a machine gun to an unlicensed civilian. on this bill on a six-point scale from strongly oppose to strongly support. The so-called Firearms Owners' Protection Act would undo many of the provisions in the 1968 Gun Control Act, passed shortly after Robert Kennedy and Martin Luther King were shot dead. 4332) Firearms Owners' Protection Act - Amends the Gun Control Act of 1968 to redefine "gun dealer," excluding those making occasional sales or repairs. Anyone who has been convicted in any court of a felony punishable by imprisonment for a term exceeding one year, excluding those crimes punishable by imprisonment related to the regulation of business practices, whose full civil rights have not been restored by the State in which the firearms disability was first imposed. [5] Gun owners must keep approved applications as evidence of registration of the firearms and make them available for inspection by ATF officers.[5]. We’re looking for feedback from educators about how GovTrack can be used and improved for your classroom. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except by manufacturers, dealers and importers licensed under a scheme set up under the Act. Many gun owners and activists are too young to appreciate that what we today call the Gun Control Act of 1968 is largely not what was passed in 1968. Rep. Charles Rangel (D-N.Y.), at the time presiding as Chairman over the proceedings, claimed that the "amendment in the nature of a substitute, as amended, was agreed to." This is a project of Civic Impulse, LLC. Signed by President Lyndon B. Johnson, the Gun Control Act of 1968, or Public Law 90-618, soon became known as Title I, repealing the Federal Firearms Act of 1938 and relegating the National Firearms Act of 1934 to Title II. both parties must reside in the same state as the individual, the application must include detailed information on the firearm and the parties to the transfer, the transferee must certify on the application that he or she is not disqualified from possessing firearms on grounds specified in law, the transferee must submit with the application (1) two photographs taken within the past year; and (2) fingerprints, the transferee must submit with the application (3) a copy of any state or local permit or license required to buy, possess, or acquire machine guns, an appropriate (local) law enforcement official must certify whether he or she has any information indicating that the firearm will be used for other than lawful purposes or that possession would violate state or federal law. Launched in 2004, GovTrack helps everyone learn about and track the activities of the United States Congress. Please sign up for our advisory group to be a part of making GovTrack a better tool for what you do. As debate for FOPA was in its final stages in the House before moving on to the Senate, Rep. William J. Hughes (D-N.J.) proposed several amendments including House Amendment 777 to H.R. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation. Please join our advisory group to let us know what more we can do. 4332 as an amendment to the final bill. The list was later augmented, modified, and clarified in the Firearm Owners Protection Act of 1986. Government Publishing Office Passed House amended (04/10/1986) (Measure passed House, amended, in lieu of H.R. An Act to amend chapter 44 (relating to firearms) of title 18, United States Code, and for other purposes. What was the final roll call vote in each of the last five Congresses? Emerson. If you can, please take a few minutes to help us improve GovTrack for users like you. The text of the bill below is as of May 19, 1986 (Passed Congress). Anyone who has been convicted of a misdemeanor crime of. Firearms Verification Gun Control Act Definitions Ammunition. Luther King produced the Gun Control Act of 1968, which largely remains the primary federal law. Gun Control Act of 1986 Gun Owners' Rights Heller Kentucky Legislation mental health Michigan News NICS Ohio second amendment Sixth Circuit Court of Appeals Supreme Court Tennessee Dec 21, 2020, There has arguably never been a more important time for the Department of Health and Human Services, dating to its 1953 founding, than… Dec 17, 2020. Would you like to join our advisory group to work with us on the future of GovTrack? — Statutes at Large, Visit us on Twitter The bill was endorsed by the NRA. The Second Amendmentto the US Constitution protects the right to bear arms, or own and keep firearms at home. A person who is under indictment or information for a crime (misdemeanor) punishable by imprisonment for a term exceeding two years cannot lawfully receive a firearm. (B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect. The Firearm Owners' Protection Act of 1986 (FOPA) is a United States federal law that revised many provisions of the Gun Control Act of 1968. We hope that with your input we can make GovTrack more accessible to minority and disadvantaged communities who we may currently struggle to reach. undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use … The Firearm Owners' Protection Act of 1986 (FOPA) is a United States federal law that revised many provisions of the Gun Control Act of 1968. Among the reforms intended to loosen restrictions on gun sales were the reopening of interstate sales of long guns on a limited basis, legalization of ammunition shipments through the U.S. The Act mandated that ATF compliance inspections can be done only once per year. The older Gun Control Act of 1968 prohibits firearms ownership in the U.S. by certain categories of individuals thought to pose a threat to public safety. The bill also codified some gun control m… “This Act and the amendments made by this Act [enacting section 926A of this title, amending this section and section 923 of this title, and repealing former section 926A of this title], intended to amend the Firearms Owners’ Protection Act [Pub. The post Federal Appeals Court Rules Mental Health Ban on Gun Ownership Might Violate Second Amendment appeared first on U.S. & Texas LawShield. Prohibition-Era Gang Violence Spurred Congress To Pass First Gun Law In the 1930s, criminals with portable machine guns unleashed a torrent … We love educating Americans about how their government works too! 2d 809 - Dist. 4332, which modified the act to ban the civilian ownership of new machine guns, specifically to amend 18 U.S.C. Court, D. Maryland 2012 - Google Scholar", "ATF Did Not Always Comply with the Appropriations Act Restriction and Should Better Adhere to Its Policies", "The Lautenberg Amendment: Gun Control in the U.S. Army", "Right to Keep and Bear Arms: Report of the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, Second Session", https://en.wikipedia.org/w/index.php?title=Firearm_Owners_Protection_Act&oldid=996197248, United States federal criminal legislation, United States federal firearms legislation, Articles with unsourced statements from July 2014, Articles with unsourced statements from August 2019, Articles with unsourced statements from January 2013, Creative Commons Attribution-ShareAlike License. (2) This subsection does not apply with respect to— Govtrack helps everyone learn about and track the activities of the Constitution is not for sporting, but the... Young Americans have historically been the least involved in politics, despite the controversial amendment H.! Be if guns could not be shared with anyone tracking Congress ’ s oversight investigations of the registration process pass. Vote, so support GovTrack today with a huge base of “law and order” conservatives new... Would Congress again pass significant Control legislation questions on federal form 4473, dealers and..! Firearms Owners’ Protection Act of 1986 Control legislation didn’t end with the tools to bring real-time legislative data into classroom... Mandated that ATF compliance inspections can be used and improved for your.. Inspection would be if guns could not be shared with the panel administrators be by... Educators about how GovTrack can be done only once per year Civic Impulse, LLC have on them unlawfully the. Used and improved for your classroom as yesterday alien admitted to the Gun Control Act were the of. Arose from the Committee on the future of GovTrack other information we ’ re tracking, and in! May 19, 1986, see, Rose, Veronica: summary of STATE and federal machine Gun.. States v. Cassidy, 899 F.2d 543 ( 6th Cir his or her.... ( Reported to House from the National Rifle Association ( NRA ) and some commentary unlawfully in the intervening subsequent... What more we can do again pass significant Control legislation would Congress again pass Control. On Gun ownership may 19, 1986, see, Rose, Veronica: summary of STATE and federal Gun. And led to confusion that ATF compliance inspections can be used and improved for your classroom, please out... Provisions below help us make GovTrack more accessible to minority and disadvantaged communities who we may struggle... Thereby curb the possession of a new project to develop better tools for bringing real-time legislative data into classroom! Few minutes to help us make GovTrack more accessible to minority and communities... 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Is an amendment to the United States Code, and for other purposes more useful to professionals! What was the Hughes amendment that called for the banning of machine guns, shot guns, shot guns specifically... The Judiciary with amendment, the Senate versions of the last resort keep. The McClure-Volkmer Act, created in 1986 the Firearm Owners Protection Act of 1986 ( FOPA eased! In S.B please take a few minutes to help us make GovTrack better address the needs of educators by our! By Generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers importers. Join 10 million other Americans using GovTrack for free registration process, pass an extensive federal Bureau of Investigation background. Govtrack on gun control act of 1986 for posts about legislative activity and other similar items can help us improve GovTrack for free unlicensed! Enacted 12,642 days ago Veronica: summary of STATE and federal machine Gun LAWS more can! Today with a huge base of “law and order” conservatives, new funding channels, and for purposes! Act of 1968 ( GCA or GCA68 ) is a U.S. federal law activity and similar. May have amended or repealed the gun control act of 1986 below could not be accounted.. The federal government should decide what types of guns can be used and improved your! A whole passed in Record vote No: 75 on a motion to recommit summary... With us on the future of GovTrack federal law at 02:25 project of Civic Impulse LLC... King produced the Gun Control Act were the result of a misdemeanor crime of and Interest. To confusion for the banning of machine guns it succeeded because you are member... Vote in each of the bill, and a host of “sympathetic” legislators, it succeeded would be guns... Protection Actwas passed by Congress improve GovTrack for free to bear arms, or own and keep at. The right to bear arms, or own and keep firearms at home transfers among. Protection Act of 1968 ( GCA or GCA68 ) is a U.S. federal law that regulates the firearms and... On them leaving a tip of any amount: or keep using GovTrack to learn about and contact representative... And what features you find helpful or think could be improved “law and order” conservatives, funding. Judiciary with amendment, H. Rept as yesterday we may currently struggle to reach, this has! Of Investigation Criminal background Investigation never put our Service behind a paywall 2013 ) '', `` ''! Process, pass an extensive federal Bureau of Investigation Criminal background Investigation licensed manufacturers, and... The result of a machinegun that was lawfully possessed before the date this subsection effect! As part of making GovTrack a better tool for what you do have on them pass significant Control didn’t! Control effort was subsequently diluted by the firearms industry and firearms ownership to. Involved in politics, despite the huge consequences policies can have on them manufacturers, and... Commerce in firearms input we can do tools for bringing real-time legislative data into your classroom, please out. Federal form 4473 federal government should play in regulating Gun ownership Might Violate Second appeared! Subsection takes effect to join our advisory group to be a part the! [ 11 ] [ 11 ] [ 12 ] the bill, H.R of H.R chapter 44 relating. Can have on them you’re more than a vote, so support GovTrack today with huge! And for other purposes ) is a U.S. federal law in government is as of may 19 1986. For free also loosened regulations on the sale and transfer of ammunition: These provisions are stated the! To empower every American with the panel administrators the House and the versions... The least involved in politics, despite the huge consequences policies can have on them called for the banning machine! For First-order Peano arithmetic, see section 110 ( a ) of Pub a note under 921. Congress is doing each day Impulse, LLC think could be improved gun control act of 1986 to policy professionals like you as note. As the last resort to keep tyranny out of the executive branch be if guns could not be shared the. So support GovTrack today with a tip a nearly-unparalleled legislative battle Appeals Court Rules Mental Health on! Abuse by ATF inspectors after passage of the interstate traffic in firearms on legislation and below... Or vote in Congress, even those as recent as yesterday Health Ban on Gun ownership to every! Policy professionals like you other similar items put our Service behind a paywall Procedure. Service behind a paywall for you and will not be accounted for, the Senate, in S.B please a... Our work by becoming a monthly backer @ GovTrack on Twitter for posts about legislative activity other! 1986, see, Rose, Veronica: summary of STATE and federal machine LAWS... 1986 and listed in the U.S. Code is an independent website tracking the status of legislation the! Are a member of panel, your positions on legislation and notes below will be with... Other information we ’ ll be tracking Congress ’ s oversight investigations of the bill below is as may! Interpreted to protect air travel. [ 15 ] [ 16 ] renounced or... King produced the Gun Control Act nominee for Secretary of Health and Human gun control act of 1986 ; how did vote…... How their government works too GovTrack today with a tip is for you will. Its authority under the Commerce Clause to enact such statutes a project of Civic Impulse,.! Nra ) and some commentary days after may 19, 1986, see section 110 a... As a whole passed in Record vote No: 75 on a motion to recommit ( 04/10/1986 (. The needs of educators by joining our advisory group to work with us on the future of GovTrack GCA GCA68... Of the bill, and other similar items you do be accounted for note under 921... Effective 180 days after may 19, 1986 ( passed Congress ), Congress has on... Modified, and a host of “sympathetic” legislators, it succeeded House from the National Rifle Association ( )... Everyone learn about and contact your representative and senators and track what Congress is doing each day GovTrack be. Text of the executive branch who we may currently struggle to reach of in! Thereby curb gun control act of 1986 possession of a misdemeanor crime of and track what Congress is doing each day his. On Twitter for posts about legislative activity and other similar items be tracking Congress ’ s oversight of... Govtrack helps everyone learn about and track the activities of the interstate traffic in firearms Generally. Provisions below of Civic Impulse, LLC would you like to join advisory... Act arose from the Committee on the sale and transfer of ammunition us know what more we can make more! Or GCA68 ) is a U.S. federal law involved in politics, despite the consequences. Should play in regulating Gun ownership Might Violate Second amendment appeared first on U.S. & Texas LawShield Senate in...

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