The Supreme Court labeled the core right of the Second Amendment in Heller as the right of law-abiding, responsible citizens to use arms in defense of hearth and home. This is a clear self defense right, but is not directly related to hunting for food, materials, trade or recreation. Fairfax County: 6-1-2. In addition to standard criminal penalties, upon conviction of a hunting, fishing, or trapping offense, a judge may also prohibit the accused from hunting, fishing, or trapping for a period of one to five years. The Second Amendment provides that: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. This is part of our Constitution, our basic guiding principles. Contact us. Reckless handling of firearms; reckless handling while hunting. The law states a person will be found guilty of a Class 1 misdemeanor ifany person, handle recklessly any firearm so as to endanger the life, limb or property of any person. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Pointing or brandishing firearm or object similar in appearance. All user-contributed content is owned by its authors. As you can tell these charges are serious by their very nature. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. Accordingly, we employ the same definition of firearm under Code 18.256.1(A) that applies to Code 18.2308.2, rather than the broader standard that applies for prosecutions under Code 18.253.1.2, The Commonwealth contends that the evidence is sufficient to satisfy this definition of a firearm but admits that such a reading of the facts would mean that the trial court reached an inconsistent verdict. In addition, the Commonwealth's argument runs contrary to the basic legal precept that a trial court may not render inconsistent verdicts in the guilt phase of a bench trial . Commonwealth v. Greer, 63 Va.App. Section 18.2-56.1 (A). Call us to inquire about eligibilityfor a free consultation. provide legal advice. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. This field is for validation purposes and should be left unchanged. explanation of Virginias self-defense law, Permit Required for Concealed Carry in Virginia, Virginia Department of Game and Inland Fisheries, Virginia Boating While Intoxicated, Recklessly Operating Boat & Watercraft Criminal Offenses, Carrying Concealed handgun while intoxicated, Discharging firearm in public causing injury, Possessing firearm with Drugs Schedule I or II, Reckless handling of firearms; reckless handling while hunting Va. Code 18.2-56.1, Carrying loaded firearms in public areas prohibited Va. Code 18.2-287.4, Discharging firearms or missiles within or at building or dwelling house Va. Code 18.2-279, Possession or transportation of certain firearms by persons under the age of 18 Va. Code 18.2-308.7, Pointing, holding, or brandishing firearm, air or gas-operated weapon or objects Va. Code 18.2-282, Personal protection; carrying concealed weapons without a Permit Va. Code 18.2-308, Receipt of / receiving stolen firearm Va. Code 18.2-108.1, Shooting at or throwing missiles, etc., at a train, car, vessel, etc. VA Code 18.2-308 prohibits the concealed carry of any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack or any weapon of like kind. The first violation of this law is a Class 1 misdemeanor. In contrast to bench trials, it is permissible for juries to reach inconsistent verdicts. Ludwig v. Commonwealth, 52 Va.App. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. (g) Notwithstanding the provisions of Subsections (a) through (f) of this Section, the following acts shall not be violations of this Section: (4) Shooting or discharge of any firearm by any law enforcement officer acting in the performance of the duties of a law enforcement agency. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. 13-2-3 Discharge of firearms. Dec. 31, 1996). Hair Color: BROWN. He moved to strike the evidence. Any person violating this section shall be guilty of a Class 1 misdemeanor.A1. 1. The word "reckless" as it appears in reckless handling of a firearm hasn't been defined by the legislature or courts in Virginia. If you are convicted can result in a criminal record, jail time, a fine, and potentially losing your rights to hunt in Virginia. The government will have to prove that the accused(1) pointed or brandished a firearm, and (2) in such a manner as to reasonably induce fear in the mind of the alleged victim. Lee testified that appellant had a handgun. Learn more about FindLaws newsletters, including our terms of use and privacy policy. . A. people and, consequently, are not governed by copyrightso do whatever you want The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein. A1. (b) This section shall not apply to persons who are exempt from Code of Virginia, 18.2-308(A). The description of Virginia law below is for informational purposes only and should not be misconstrued as personalized legal advice. A person who consumes alcoholic beverages in a restaurant or club whileconcealed carrying a handgun, can be found guilty of a Class 2 misdemeanor, which is punishable by up to 6 months in jail. stream A. While every effort is made to keep all information Recklessly allowing access to firearms to children is punished as a class 3 misdemeanor. Thus, in jury trials, as opposed to bench trials, the fact that verdicts may, on their face, arguably appear inconsistent does not provide a basis to reverse either conviction on appeal, provided the evidence is sufficient to support each verdict. Tyler v. Commonwealth, 21 Va.App. <>>> To be found guilty of the Felony the handling of the firearm must be in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment. This website does not constitute legal advice. If any person is found guilty of violating (i) any of the provisions of the hunting, trapping, or inland fish laws, any provisions of 15.2-915.2, 15.2-1209.1, 18.2-131 through 18.2-136 and 18.2-285 through 18.2-286.1, or any regulations adopted by the Board pursuant thereto, a second time within three years of a previous conviction of violating any such law or regulation, or (ii) any provisions of law or ordinance governing the dumping of refuse, trash or other litter, while engaged in hunting, trapping or fishing, such license and privileges shall be revoked by the court trying the case and that person shall not apply for a new license or exercise such privileges until 12 months succeeding the date of conviction. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. A. The first such offense is a misdemeanor, while any subsequent offense is a felony. The court granted the motion with regard to Code 18.2308.2 but denied it for the charge under Code 18.256.1(A), and convicted appellant .1. Copyright 2023, Thomson Reuters. (d) It shall be unlawful for any person to hunt with a shotgun loaded with slugs. 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. Thus, firing two shots would be two counts of unlawful discharge. Hunting is not a guaranteed right at this time. Va. Code 18.2-56.1. Vienna Sec. Weight: 190. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 792 612] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> When the seizing agency ceases to so use the weapon, it shall be disposed of as otherwise provided in this section. 2. The punishment depending on certain factors can lead to a Class 1 misdemeanor or a Class 6 Felony. The court may also prohibit the convicted person from hunting, fishing, or trapping in the Commonwealth for a period of one to five years. 18.2-56.1. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor. A class 1 misdemeanor has a maximum penalty of 1 year in jail and a $2500 fine. Firearms; discharge prohibited; exceptions. A violation of this Subsection shall be punishable as a Class 4 misdemeanor. Va Law 18.2-282. Any person violating this section shall be guilty of a Class 1 misdemeanor. Read more about Virginia [], Under current federal law, a federal felony conviction results in the permanent loss of firearm possession rights. It shall be unlawful for any person who is hunting with a loaded firearm to traverse any public school ground or public park or to be within 100 yards from any such school ground or park. Looking to hire anexperienced criminal defense attorneyfor Federal or Northern VirginiaFelony orMisdemeanor charges? Click to review Virginia's new gun control laws. Revocation of license and privileges; penalties. It [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Not Guilty plea to a Class 1 Misdemeanor charge for Carrying a Weapon into the DCA Ronald Reagan Airport under VA Code 18.2-287.01 (a concealed carry permitted firearm that was forgotten in luggage) resulted in a fine and surrender of weapon, no [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor charge for Carrying a Concealed Weapon While Intoxicated under VA Code 18.2-308, and a related Drunk in Public Charge (Va Law 18.2-388, Arlington Code 17-7) were both DROPPED for insufficient evidence. The victim of a crime can be intimidated as much by a revolver that does not fire bullets as by one that does . If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. A1. Concealed carry [], ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Trial for Impersonating Law Enforcement Officer, Brandishing a Firearm (VA Code 18.2-282), and Driving on a Suspended License, resulted in a NOT GUILTY finding for the Impersonating Law Enforcement charge and the Driving on Suspended charge, and no active jail time for the [], ARLINGTON, VIRGINIA: Class 1 misdemeanor charge for carrying a concealed weapon without a permit under VA Code 18.2-308 was AMENDED to a disorderly conduct charge with no active jail time, a fine, and weapon surrender. 18.2-308.013. Shooter was charged with violation of Va. Code 18.2-56.1 (a) making it unlawful for any person to handle recklessly any guns so as to endanger life, limb, or property of any person. A1. 19.2-386.28. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer. Additional felony charges for firearm possession (18.2-308.4) and PWID Possession with Intent to Distribute (18.2-248, [], ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 will be DISMISSED conditioned on completing a gun safety course at the NRA and surrender of concealed carry permit for one year. By acquitting the defendant of violating Code 18.2308.2, when the defendant's status as a felon was undisputed and where he possessed an object resembling a firearm, the trial court as factfinder rejected the only interpretation of the facts which would allow an appellate court to conclude that the facts supported a conviction under Code 18.256.1(A). (You need to review our explanation of Virginias self-defense law in order to understand this defense. Brandishing a firearm near a school is elevated to a class 6 felony, punishable by up to five years in prison. He argues that the evidence failed to prove that the object in question was a firearm as contemplated by Code 18.256.1. 18.2-56.1 Reckless handling of firearms; reckless handling . It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 14can be charged with a Class 1 misdemeanor. Ms. Medvin is an avid supporter of the Second Amendment and the right to self-defense. You can explore additional available newsletters here. Virginia law forbids any person who is not a licensed firearms dealer to purchase more than one handgun within any thirty-day period. It shall be unlawful for any person to handle recklessly any firearm so asto endanger the life, limb or property of any person. is an antique or fake firearm), emphasize that fact in charging document, written plea agreement, transcript of Read this complete Virginia Code Title 18.2. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of . Zequez Deaairo JONES v. COMMONWEALTH of Virginia. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. LawServer is for purposes of information only and is no substitute for legal advice. Copyright 20112013 Waldo Jaquith The Possession charge was DROPPED, which means the client did not [], FAIRFAX COUNTY, VIRGINIA: VA Code 18.2-250.1 was charged for possession of drug paraphernalia, 8 film containers of marijuana, and possession of a handgun in the same bag. <> Booking Number: 23-001677. By contrast, the offense of possessing a firearm as a convicted felon under Code 18.2308.2 has no element of perception by a victim that would warrant applying the same broad construction to the term firearm in that statute as is applicable to the same term in Code 18.253.1. Id. 2013, c. 746; 2015, cc. PDF. Read more about Weapons Law [], ARLINGTON, VIRGINIA: Trial for a class 1 misdemeanor offense of carrying a weapon in air carrier airport terminal under VA Code 18.2-287.01, in which our client was accused of bringing a loaded handgun into the DCA airport, resulted in no active jail time, a $250 fine and surrender of the [], ATTORNEY CASE RESULT IN FAIRFAX COUNTY, VIRGINIA: Client was charged with Class 1 Misdemeanor Possession of Marijuana Second+ Offense (VA Code 18.2-250.1) and Class 1 Misdemeanor Carrying a Concealed Weapon Brass Knuckles (VA Code 18.2-308 metal knucks). City of Fairfax: Sec. 3 0 obj regarding sale of property forfeited to the Commonwealth. Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place can be found guilty of a Class 1 misdemeanor under Va. Code 18.2-308.012. (5) Discharge of any firearm in an entirely indoor target range, provided that adequate provisions are made to retain within the structure all projectiles discharged. 38, 730. VA LAW 18.2-56.1. A defense to brandishing is exercising justifiable self-defense. (a) It shall be unlawful for any person to shoot any firearm in any areas of the County that are so heavily populated as to make such conduct dangerous to the inhabitants thereof, which areas are designated in Appendix J to the Fairfax County Code. 2755953, 1996 Va.App. Virginia may have more current or accurate information. Any person violating this section shall be guilty of a Class 1 misdemeanor. This Subsection shall not prohibit either (i) the lawful possession of a firearm when such firearm is carried for purposes of personal safety or (ii) the lawful possession of a firearm on a public highway within 100 yards of any public school ground or public park. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Terms Used In Virginia Code 18.2-56.1. Court opinions are provided by CourtListener, which is 1w"kv9 Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. Home Criminal Defense Reckless Handling of a Firearm: Va. Code 18.2-56.1. 82, 96, 428 S.E.2d 16, 26 (1993)). A firearm is a deadly weapon without proof that it was operable or loaded. Any person violating this section shall be guilty of a Class 1 misdemeanor. Va Code 18.2-287.01: Carrying weapon in air carrier airport terminal. The maximum penalty for brandishing a firearm in Virginia is 12 months [], Fairfax, Virginia Criminal Defense Attorney Case Result: Client was initially found guilty of Assault with a firearm in the Fairfax County General District Court and sentenced to 5 days in jail. Va Law 18.2-282. Complete the form below to receive a free consultation. Reckless handling of firearms; reckless handling while hunting. Call us to see if you are eligible for a free phone consultation with a criminal defense attorney. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such person's hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. A related Larceny charge was AMENDED to Unlawful Entry, and the amended misdemeanor charge will be DISMISSED after a class [], ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor charge for Brandishing a firearm, a concealed carry handgun, during an argument (VA code 18.2-282) was AMENDED and REDUCED to Trespass, with a penalty of credit for time served on the original arrest and relinquishing the weapon to the government. That means a judge must make the decision based on what the judge's definition of reckless is. Booking Date: 2/26/2023. Any person violating this section shall be guilty of a Class 1 misdemeanor. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. Upon receipt by the Central Criminal Records Exchange of a record of the arrest, conviction, or occurrence of any other event that would disqualify a person from obtaining a concealed handgun permit under 18.2-308.09, the Central Criminal Records Exchange shall notify the court having issued the permit of such disqualifying arrest, conviction, or other event. 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. The time was about 9:30 p.m., and it was dark outside. B. These laws are enforced by game wardens of the Virginia Department of Game and Inland Fisheries. Disclaimer: These codes may not be the most recent version. SungIl Lee, the manager of Short's Grocery, observed a group of young men enter the store. Height: 510. Reckless handling of firearms; reckless handling while hunting. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. A1. If found hunting, trapping or fishing during this prohibited period, the person shall be guilty of a Class 2 misdemeanor. Arlington General District Court, 1425 N Courthouse, Arlington, [], FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor Petit Larceny charge (VA Code 18.2-96), for larceny of a weapon at the Dulles Expo Center Gun Show in Chantilly Virginia, was DROPPED at the first hearing for insufficient evidence. A. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. 2023 LawServer Online, Inc. All rights reserved. Ms. Medvin has represented numerous individuals in Alexandria, Fairfax, Arlington, Vienna, and Falls Church on various firearms charges. A1. Code 18.256.1(A) prohibits the reckless handling of a firearm so as to endanger the life, limb or property of any person. The manifest purpose of Code 18.256.1(A) is to prevent actual endangerment, not the mere appearance of endangerment. [], Virginia Law Explained: Brandishing Firearm, Va Law 18.2-282 Under Virginia law 18.2-282, it is a class 1 misdemeanor criminal offense topoint, hold or brandish a firearmin such manner as to reasonably induce fear in the mind of another. Such signs shall be placed where they can reasonably be seen. A1. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Armstrong v. Commonwealth, 263 Va. 573, 582, 562 S.E.2d 139, 144 (2002) (quoting Holloman v. Commonwealth, 221 Va. 196, 198, 269 S.E.2d 356, 358 (1980)). Information by, in, to or through this Web site and your receiptoruse of it (1) isnotprovided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) isnotintended to convey or constitute legal advice, and (4) isnota substitute for obtaining legal advice from a qualified attorney. Each shot fired or each discharge of a firearm creates a separate violation under Virginia law. . In some states, such as Virginia, the mere reckless handling of a firearm can lead to a misdemeanor conviction. (c) For purposes of this section, the term firearm means any weapon in which ammunition may be used or discharged, by explosion, or pneumatic pressure. Reckless handling of firearms; reckless handling while hunting - Va. Code 18.2-56.1 Carrying loaded firearms in public areas prohibited - Va. Code 18.2-287.4 Discharging firearms or missiles within or at building or dwelling house - Va. Code 18.2-279 A deadly weapon is an instrument likely to produce death or great bodily harm from the way in which it was used classic examples include a gun or a knife. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. Alexandria [], FAIRFAX, VIRGINIA DEFENSE ATTORNEY CASE RESULT Misdemeanor charge for Assault and Battery On a Family or Household Member with a loaded firearm was DROPPED for insufficient evidence to prosecute. 1227(a) (2)(C) (firearms offense)7 If type of firearm is not included in federal definition (e.g. 54-172. 1, 12, 660 S.E.2d 679, 684 (2008). 22 of the 2022 First Special Legislative Session . Any person violating this section shall . A. A1. Written by an award-winning criminal defense attorney specializing in state and federal criminal law in the state and federal courts of Northern Virginia and Washington DC. This felony offense carries a maximum prison sentence of 10 years. Thus, the courts were left to interpret whether a butterfly knife is a weapon that cannot be concealed under the code section as the ones described above. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. B. A. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15 of 18.2-308.09, holding a permit for a concealed handgun, may have the permit suspended by the court before which such charge is pending or by the court that issued the permit. Testimonials & Reviews: Our Clients Words. Get free summaries of new opinions delivered to your inbox! The court may authorize the seizing law-enforcement agency to use the weapon for a period of time as specified in the order. Any person violating this section shall be guilty of a Class 1 misdemeanor. Upon arrival, it was determined the suspect allegedly discharged a firearm in his residence, causing damage to the interior of his home and an adjacent unit. (7) Discharge of any firearm or starting pistol loaded with a blank cartridge, or other ammunition, not resulting in the expulsion of a projectile or projectiles. The charge of Reckless Handling of a Firearm is a serious charge. endobj Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony. A. 18.2-56.1. Any firearm, stun weapon as defined by 18.2-308.1, or any weapon concealed, possessed, transported or carried in violation of 18.2-283.1, 18.2-287.01, 18.2-287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.7, or 18.2-308.8 shall be forfeited to the Commonwealth and disposed of as provided in 19.2-386.29. C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Game and Inland Fisheries (i) such person's revoked hunting or trapping license or notice that such person's privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. If you are being investigated by the police or have already been charged with a firearms offense, please call to see if you qualify for a free consultation. The trial court denied the second motion to strike without elaboration. Licenses revoked shall be sent to the Director. In denying the first motion to strike, the trial court found that there existed a different standard for convictions under Code 18.2308.2 and 18.256.1. Click to read more! A third or subsequent violation is a Class 5 felony. Possession charge will be DISMISSED in 6 months. Excluded from the 30-day limitation: (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.
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