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WBEN NewsRadio 930>Audio & Video on Demand>>NYS's Gun Law Forum in Clarence

NYS's Gun Law Forum in Clarence

Jan 30, 2013|

Extensive excerpts of the raucous meeting Tuesday

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Automatically Generated Transcript (may not be 100% accurate)

Well what the new law being so law enforcement responsible gun or its own worst licensed dealers and private sellers. Today's session is designed to break down the comprehensive -- and shoot and make it easier for everyone to understand the new rules. Today that I'm joined by Mike Green executive deputy commissioner of -- New York State division of criminal justice services. And Steve Hogan the first deputy counsel of the New York State Police. Commissioner Reid leads the agent deal a major -- more than 600. Who support the work -- law enforcement criminal justice professionals in crime victim advocates across New York State. Prior to joining DG DGJ yes in March 2012. He's heard -- is a mineral county district attorney for eight years following seventeen year careers and this -- -- district attorney in that office. -- -- -- -- It's an accomplished trial lawyer that he handled more than 100 jury trials including forty -- -- site based. Mr. -- joined the New York State Police in 1989. That is serving as the assistant district attorney and runs -- count me. He is a faculty member of the national colleges district attorneys were -- about domestic violence and drug lost. He also serves an instructor the national district attorney's association and is a member of the American academy of forensic science. Also here with him to provide additional technical expertise his New York State Police senior investigator Mike Davis. For the next fifteen to twenty minutes we will provide you with an overview of the New York they they let. And then -- will be happy to meet what you wanna want to answer your specific questions. Thank you know in advance of giving you. Their time and attention. Commissioner Baghdad appreciate introduction. Yeah. It's. OK I. Okay -- we're here. I wanna start I apologizing to people -- the hall. Tom we obviously didn't arranged there I didn't range decided time we try to do this as quickly as possible. Our processes people and probably try to get -- out here as quickly as possible volatile continued. And I do farms like this is trying to get the word out and trying to accommodate everybody wants to attend. Economy is C commissioner indicated that -- I reiterate. The purpose of this presentation just as enacted -- heat is down. I'm in the village has passed it is what it is and I understand is a commissioner sentenced to people have strong feelings about his bills on many different science. Then again we cannot -- -- or are we going to debate developed today and our purpose in being here today. This is trying to educate people used to watch the -- that is he's trying to answer questions about what -- and change the law abiding gun owners. And how people can comply with the -- Now than any legislation there are questions interest -- no different now we've heard from many gun owners wondering what's an assault happened. I'm wondering what licensed dealers have to do wondering how quiet house have to be conducted. Our purpose here today to try to answer as many of those questions as possible. In terms of the procedure again -- reiterate what the commissioner said we have a short presentation with a PowerPoint. There's no -- give you information to answer questions. Today the immediate question to spend a few minutes answering knowledge. And then we will take all the time that we need to answer questions individually -- everybody here. With these -- -- just a different questions about a belt. But again the purpose today is not to debate about you know been the purpose today in those past is what it is. We're simply trying to get information out about this now. -- -- The last thing I'm gonna ask so that we can get through and yes -- if you have questions send your questions for the and out of respect for everybody here -- who can finish the presentation. Out of respect for you know I'll stand -- the last question here -- answer. So if you can't question sections of the candid presentation. I'll -- -- -- to your questions are answered. Meeting New York say that Aaron was intended to make New York a safer place you know it was intended -- -- -- -- first about taking guns people. And who should not handguns. People with felony convictions -- -- serious -- song S. But -- same track time trying to ensure that legal gun owners can enjoy being done right that they're entitled to under the Second Amendment. Now no problem -- to reduce gun violence through most common sense and reasonable reforms. They're trying to balance respecting their rights of every citizen to bear. In the interest of people who use their guns appropriately. And that's Sunday as we've seen and it illustrated the dangers resentment people who shouldn't have guns in those -- The -- is carefully tailored maybe the rights of hunters and sportsmen in mind. Gun owners will not be affected many New York effect is most weapons are not considered all Latin. Now this -- Was it intended to protect New Yorkers are doing a number of things first evolved. Making sure that guns -- not in the hands of convicted felons. Make sure guns are not in the hands of those with Matt Thomas who pose a danger to them out drugs. Exactly how many guys. If we -- -- -- actually when I get as I've respectfully ask people do you have questions Portland to the end and again out of respect for you how states I've answered every question at the end. Secondly banning high capacity magazines and all -- -- sharing and our gun purchases are subject to a background check and finally toughening criminal penalties on those who use illegal -- Protecting your privacy and gun -- Now also would they act the law created has indicated tougher criminal penalties. I'm in my own town of Monroe County on Christmas Day and unfortunately that tragic accident berth to the first responders were killed them. I'm one of whom I work with for about 25 years in my prayers -- DN a in his career as a police officer. -- two others were injured. This news agency provides -- penalty mandatory life in prison without the possibility of parole for anybody who tells -- first respondents. And secondly. -- So I can't ladies. This lot provides possessed of a fire on school grounds or a slow process -- classy sounds better and misdemeanors it was before. As counties relating to the purchase of has gotten married someone who's just qualified. And finally it is tougher sentences -- prosecutions. For drug trafficking and violence aren't easy and obvious their loaded -- unloaded firearm. Now -- these changes we realize how many questions. I mean we're here to do our best to help people understand what the process and the fact that we can. -- those questions down answer them. Now owners of assault weapons hit until April of 2014. To register those weapons. The registration is intended to be winning. And -- free process. Starting April 15 2013. The registration laws -- -- -- -- one year if you have a weapon is now classified as an assault weapon to register their lap. You'll be free of charge there will be capable of being done online. Calm me. From that point forward do need to go through that process every five years to recertify. Rather than -- with regard to these -- weapons. Nothing else we'll change. -- yeah. If you want your questions I was saying answer everyone's questions when we're done. Registered owners will be checked through this -- background check to make sure that they're not convicted -- and the Daytona to -- involuntary commitment. Hurt other prohibited gun owners don't have assault weapons. Basically the -- with regardless of weapons. The majority of guns -- people having their homes across New York State are not assault weapons. Most guns that I used for hunting -- not assault weapons are not affected by this law. For example I palm let her call to action shotgun or rifle can't -- an assault weapon by definition does not need to be registered. Did you see how identifying whether or not that particular gun that you can't it's classified as an assault weapon or not under this statute. You can visit New York -- at that time. For more information is also a state police hotline -- -- times out here as well. Now hundreds of guns there classified as a -- weapons. As I indicated before either registered or not. Or permanently modify begun to render it that it is not an assault weapon. You're pressing what needs to be registered. One of the things we want to do a sign -- on I was gonna owners identify whether or not there on can be classified as an all weapons. And we start with a -- On the depth. Conditions under this statute and it rifles and require registration. On my automatic right foes that are capable of receiving a detachable magazine. And in addition to -- -- Warner -- the following military characteristic. And there's a list of characteristics on -- deep PowerPoint slide here are wrong read all of them. For shotgun shotgun. And I again I apologize for the wrong I'm not talked about his act and yeah trying to arrange other forums and make sure we have a big Iran so we can accommodate everybody. Shotguns and must be registered must teach first of all semi automatic and it's addition must have one or more of the following military characteristics and -- he can just change the slide to the next. One more. Yeah you see that kind of PowerPoint. Those -- shotgun as a semi automatic he hit one of those characteristics. Stand on this rocks classified as an assault lapin. He must need to be registered or permanently modified. With regard to ourselves community can -- aside. Pistols. Under the new law are only assault weapons must be registered -- first it's a camera man. Just love accepting a detachable magazine. Third hit one or more of the following military characteristics. And then -- can change this dynamite. Yeah site list the characteristics. The only yes. You're gonna -- -- shotgun rifle or -- a six under those definitions and he has one more of those military affairs rest fixed. It would be classified as an assault weapon and again we either have to be registered. There are currently modifying. Now when it comes to us -- if you are long gone before the law took effect on January 15 -- it was legal before the law took effect in January 15. You can -- that Latin. And you simply have to register and maybe free online registration. There are asked to be permanently modified so that it doesn't meet their criteria. If he don't wanna register that you don't want to modify it. It has to be all either through a low left that's now four out of jail. But he can't you get an assault rifle that was legal as it did to Islam went into a fact. You can keep -- if you simply register with New York State Police. I'm gonna turn it over now to Steve Hogan is how so for the New York State Police who go through -- second part of the century. Thanks -- -- We're next going to discuss the law as it relates to large capacity magazines and ammunition. The goal here is simple. To limit access to large volumes of ammunition and high capacity mechanism magazines that will allow for -- rapid reloading. Many you know this. Magazines capable holding more than ten rounds may no longer be old and New York accepted federal firearms licensees are out of state. After April 15. 2013. Large capacity magazines. Over seven browns may no longer be sold in New York. That the ten rounder is were selling like hot cakes -- notices this weekend. Current owners of eight to ten round magazines make keep them but may not load them with more than seven rounds. Unless -- an incorporated firing range or recognized. Competition. Current owners. This is important with -- respect to magazine's current current owners of antique assault weapons. Many of which come with high cap magazines must register them by April 415. 2000. 2014. So he had a thirty round clip in his -- more than fifty years old then then then that is still going to be illegal. They're Mad Magazine. But also works to keep ammunition out of the hands of those who would cause harm to New Yorkers by requiring background checks on ammunition beginning. In the beginning of 2014. For those of you who have pistol permit. There is a five year recertification. On the pistol permit and a five year recertification. On the -- -- New York State already has. -- state wide license and to New York State already has maintained a state wide license and record database this is important. The record in New York State have. Are not publicly accessible. They are exempt from foil. And they will be kept strictly private and many of you know rather referenced that I'm making here. As far as private sales go effective the fifteenth of march of this year background check must be performed on all private sales. And in the dealer may charge no more than ten dollars and we can talk about exceptions to all of these rules in the Q&A section. Starting on April 15 2013. Registration for assault weapons begins. I want to emphasize what Mike said the registration is gonna be quick simple and free and you'll have a year. I think forward looking -- is a registration card the size of a deck of cards and those who view I get my with a permanent 1989. -- pistol permit is a difficult process. Don't imagine that registering. Your rifle is going to be anywhere near that difficult it's not it's an entirely different process importantly you're not inflate the -- Also an April this year new restrictions on the magazine size go into effect and you will not be able to possess a magazine. Larger than seven bullets if you have one it will have to be disposed of -- sold out of state. Starting January 15. 2014. A background check will be required for ammunition purchases and magazines of more than ten rounds must be modified or -- On April 15. 2014. Assault weapons must be registered with the New York State Police. I apologize Mike from programs talking too fast you're doing well. We hope. There can be we know that there could be new questions popping up every day from gun owners and dealers and we wanna help you answer these questions. So it WWW. And -- -- -- dot com there are tons of pictures that show you illustrations of the more than two million. Rifles pistols and shotguns that are not gonna be classified as assault weapons. There's also a section is there's -- on what's not what's not there banned weapons legal weapons so it's a pretty simple tutorial. There's also a hotline. -- in in the Albany, New York area. We're Republican ask expert questions and we'll get back to you and run down your answers for you. They're currently I think there are ten lines the number is 1855. And why do me 1855. Law guns. And it step by state police members and we've been able to move a lot of information out through that enabled answer a lot of questions. And clear up a lot of misconceptions. Do use of that line right now. That hotline is running that -- -- line is running Monday through Friday during normal business hours. We're taking the time with our callers answering every question that is called in and it requires extra research that we do we we when we do that research. We encourage people to check the web like frequent for frequently asked questions in the call -- hotline. New York will be a safer place when this law helping us to fight gun violence and to keep illegal guns off the street. Now. Here's here's how it's gonna go. The media has its deadlines so. Being aware of the media gonna keep. Let's -- let's all -- -- the it was enough. We are going to. Allow the media. To do their thing and ask them to the questions ICG mean way in the back. Jeanne point me in the right direction please where where the meat -- Sorry yeah. -- yeah. -- say -- -- the genius so you're going to the press he can't keep a mountain lions. Yeah. Yeah. Yeah. A second everybody yeah. -- hang on a second. -- -- comes to cutting loose enough to accommodate you folks and we're gonna yeah. Yeah. Yeah -- that -- happens. Really make it -- -- long line of scrimmage the media doesn't wanna the meeting swimming inaudible will take questions. You promote moderate Democrats. Hear me that you're looking. He didn't. Miss it you're right -- it's okay. -- -- some people may want their questions heard other people may not and I wanna respect everyone's right to ask questions uniform that they wanted answers. So we're gonna stand here and answer questions this is not a public debate this is the answer individual questions. Okay it's. Yeah yeah okay. Here here's my question though the days. I don't I don't think anybody would dispute the flat or the idea. There's some of these things were rushed and not well thought out. My question is. I'm assuming everything that's going on now is going to be somewhat standard. But what is the position. Of those people that enacted this law. If in fact these laws proved to be ineffective in a murder rape does not go down. And the violence continues. And the criminals continue to hold on to. Hold on to their arms. -- -- -- -- You questionnaire asks what's the position that people past the line is -- in the beginning. I'm not here to speak for senators I'm not here to speak for assembly people. I'm not here to speak -- governor I'm here to trying to answer questions about what the -- says. Trying to help people comply with the law wanna comply with a lot. So -- it not you listen I was raised platform listener questions you'd be respects homelessness the answers. If you want to know what your elected representatives to you have to direct your questions to that. I'm not here to answer them. -- again I'm not here to debate a lot here to answer questions about what Tomas as and to the extent that people want advice about how they can comply with a lot. We'll do our best to provide him -- -- advice. Our -- this feel good law that's probably not going to do anything. What I heard the penalties. Are going to be imposed on law abiding citizens if -- do not. Go along with what you series. And it. And it took another points to news Obama and a new web sites you love it turns so much. Think anytime that the state police website you know be credited. Runs through -- the same page and no penalties needless to yeah. State -- -- -- -- got a question by this statement let yes why and DO penalties -- he got there. We're -- as a dynamic web -- we could throw the little things that's that's that's the problem matter of fact god. -- think. Columns under. -- the question is wrong on the website it is purely out of the question is up. Why the penalties on the state. Say that website. We're -- we're trying to respond as quickly as we can and as fully comprehend what this weekend so the penalties are a matter of law. Well I don't have any problem with adding the penalties out of their format as a matter of fact you know there's significant penalties with respect to straw purchases. Most of you folks know about a straw purchase that occurred on the road little ways and then those enhanced penalties for straw purchases. I think -- -- -- idea I don't think there's any problem with the adding the penalty. Didn't know what -- do an excellent points 200 dollar -- hill and police in Florida gun. It's. Been implemented. He's done and I'm going to be almost. Every fact pattern is different and I don't even know what some are -- under which you can cover law enforcement with the Eagles and you're gone so I don't yeah absolutely yeah. Your question answered you're gonna be arrested and one thing we can't do yeah you're asking about local law enforcement would dual enhancer question I can't answer this. The sheriff and at least not for us there that you encounter it would have stands there ones along with the it's -- Months yeah I explained it wants now explain it again. Yeah you are not allowed -- not. You have to listen don't -- -- -- and staying in you have a ten round clipper lass you can keep you can't play. But you're only allowed -- seven dollars an -- Your tax question why am I going to get arrested and -- argue. I can't answer that question and it would be up to the police -- -- you encountered in this situation you counted down. Yeah -- would ever imagine this time. -- don't -- -- yeah. It just hangs up and Sarah and me what is behind -- -- and there's a match went on what event. Does not -- here. Well it's. -- Network yeah. Okay. -- -- -- Yeah. My heart -- I'm gonna at all. Old I don't question west weeks Thursday traffic to senator Schumer is also looking for information. With respect to how -- and more rehab for public safety. In his. If I'm ever going to Vizio home today yeah I don't studies on this fire from your experience in law enforcement how do you expect. Didn't go out -- occasion. If you look at current legislation -- the American -- -- -- -- policy works pretty good and you know that reduces a based professional reporters -- more information. Yeah. Expressing goes through it. He had there plus she's really debated over whether or not -- should be in place nets now what we're here to do yeah. And I can tell you yeah. Throws in the beginning we're here to tell you went to Los ads and we're here to answer questions they got to unlock. I can tell you from my personal experience as a prosecutor I prosecuted at least two cases. He's not running around and shoot and yeah she's seen multiple shootings and assault weapons. One of which children pregnant young woman I'm in the other which killed the young man so -- -- -- -- I don't hand percentages and I'm not here to debate whether it's a good -- bad lie and simply here to tell you what the process. And I told them cannot tell you again what the law says is if you hit an assault weapon. It was a legal now lists and answer before you know the next question. You can't and all of Latin it was legal -- -- January 15 when this law was passed. You think she did -- if you do want to a couple of things we want. Registered online. Order to permanently modify it so that it doesn't need to definition. So you've done as late as of that date you can LT and no one's taken it away is trying to take Iraq. Hollywood yeah. I asked him questions one at a time -- our youngest is she's just a question. -- I got a question about. Yeah assault weapons and the other -- through this -- please. Yeah vessels that were already registered and it was anything beauty and register with a pistol from an all resolved as late as an adult you gotta do. No I don't. Does it mean if you've got a -- wasn't X 69 Browning -- power yet what are we have as far as a pistol permit. That's situation. Remains the things are gonna jump through those hurdles. The hurdles are considerably smaller for the assault weapons are defined in section 22 with a new statute itself with respect to the to an assault weapon if you had a bushmaster was one military characteristic. He wanted to registering. -- revenues -- very simple registration. No background -- none of that stuff and it and it goes from there 11 similarity I like this -- your question is. My pistol permit go backwards in 1919. Yeah. News just getting that was the only problem. -- so there's going to be a five year -- crosses the ballclub we application recertification of your pistol permit as happens now -- three -- four counties down a mostly. And then after you register they'll be a -- recertification which is gonna be easier than the initial certification which as I said earlier is gonna bear no resemblance. So what do you go through when you apply for this apartment. So. Yeah I think -- okay zero OK hold that it's. Okay our hero yeah. Yeah. And we get that all of me. And now. Moment I had all I -- -- and power reliable. I think after tonight for instructions deaths and how has got fifty rounds old but it is already registered with the puzzle because -- thing. These guys are colonies around it. It all weapons obviously going to be a lot numbers are in the military I did so what was not fully automatic weapons I don't know -- it. Excellent question and let's just break it down because again. We want to you know we know you guys wanna comply with the law we wanna help you comply with the law. I I told -- -- on the exact weapon that you won't. Okay it's semi automatic weapon is not an assault weapon -- -- -- has military style characteristics added to it as explained on the post orders as the Missoula and you know 00. Now you find it it's -- fine it's a pistol Europe a 100% rock solid with respect to that the Mac becomes a problem that's the distinction. Okay yeah get a magazine Burnett was my -- beside yeah. Yeah. They'll answer questions and you'll recall and he loves his golf. Usually around one -- -- the museum home -- about. You don't want you and people were were shot at all times are today and I'll do all the people who let him out and -- -- you don't have. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Yeah. Down here there and oh yeah and there was -- young -- -- wish they hadn't done them all our our. All OK OK yeah it was in jail he had -- did you know him well all three days later he murdered around her camera. Yet -- I don't know veto override these people that are ready and all these laws I think the only way to go wrong. Yeah. The rules I like -- car right yeah Parcells who. Fifteen years. And if it appears that our candidate you don't do you have children to remove him. -- two -- you went through that program. -- never -- -- -- the league and our safety. Instructional hole the hole and illuminated because it's a case. Yeah. Rules. The more education and thousands of his own firearms. They're more education to those who was until the Rangers innovations -- school. Clarence Moore and anything -- -- -- yeah. You know. Oh. -- -- Have you spoken to the school district of respect to their policy. This world is -- moon was gleeful now acknowledge that actual dollar price. Do you and you can play criminally go usually. And obviously got player and don't crosses logos and is cool people I don't know all. The schools we Petraeus or four errors in right field -- because. Do you deregulation -- hello rifles -- -- was mom so yeah there were older programs on the record programs. I can't say for certain what's gonna happen with a rifle programs and I can't speak for the school districts so if you -- communicate with -- offline. And I would that I will -- well to work with you because guys got to understand too. I can't I the only people like give legal advice to where -- and purple ties we're trying to give guidance in an issue where. Judges are sometimes going to make these calls we're trying to be helpful were trying to narrow things down for you as as as best we can. And if -- say I'd like to talk to you offline about your specific situation. It's not been dodging your question or embarrassed to answer your question that's not the case I want to give you the right answer and sometimes that's a custom -- right answer. And Tom we're doing our best -- the law that was recently enacted to clarify some stuff. I just I cannot remember -- when you lose your income and terrorism there and beat Paul O'Neill is. Opposition from gun control legislature and how little you know as I can do is. -- to me this law. And we can't I can't speak for the people pass this off I don't speak their senators are not speak for the assemblyman. I can simply tell you what a process that they pass in time. If you have questions about what anyone shot himself or any other represented -- any other senators stage you've got to direct questions about I don't know I can't speak for better. First home premium. Retrofitting their very much because they do any guilt the law was primarily upon us there and it -- Yeah -- -- and little domain and actually I was we will do is take a stand. So they're all deferred beyond that that message sent them hand and therefore you have. Automatically made -- hang on to be only future. And -- is just now. Illegal but people who are pretty well this is not affecting a lot of it is expecting -- -- the -- that through I guarantee you didn't -- what are other. The magazine changes it is a significant change in position I was trying to make was with respect to the two million rifles shotguns and pistols that are not. Assault weapons. There's a lot of weapons that are that are not banned -- will -- know my favorite thing to do here is to tell somebody at the call senator. Whose spouses bugging them that no that's not an assault weapon and no you're not gonna get yourself in trouble and it's it's it's pretty straight forward. The magazine issue is more challenging and and again I defer to your conversations with outside people I don't think about. You know and into the man yeah that is sort of facts here say -- that's exactly what it is to -- I handguns banks and I was just movie okay so -- -- seen as a -- It is -- their own legal. I don't miniature. Or exceed its fifth most -- most weapons are not affected. The ones that are which is rifles shotguns and pistols as good as demonstrated here. Can be freely registered. Can be. Adjusted we're going to be sold. I think it's I think it's a little little overstatement to say -- and it's a massive band. That's our Iowa -- moved their own lives all grown crazy. And you know I believe. I think it is clearly it would there's a man. Makes us. I'm saying that I'm saying that the law has changed significantly it was like to magazines and I guess I would not agree -- that that's bending and gone. It's. Yeah. It actually and we thought I was here and he has. Yeah I was like champions through and my campaign is -- technology that is available to any manufacturer in this sport and they wanted to ask a couple years ago and we fought and we want but I wanted to ask Hillary who all else and guns. Because -- new technology wasn't hell now. And making all I can legally do Mike Myers didn't want to do technology wasn't relevant or not and he's all about if he can and and one fellow who has snagged it on surveillance -- makes -- more and now you know the future do you Bob and yours and you. And it's Rhode Island listening. Oh yeah yeah. It's. On tonight's I don't know I just fine. Yeah and what are we let this gentleman go -- Max. Excuse me don't -- yeah I'm -- We'll -- yeah. Collins you are not just -- What is the actual what is steep penalty and drill. Question but that Google what Google and want it depends on the circumstances is to transact -- night yeah. You can't wrong because -- bottom line is not one. Actually need if you don't register for his -- on all rifle and you can't have a loaded assault rifle. And it's under circumstances where you intend to use them off against someone out there can be a class C felony. Time is you have an unloaded this all right so but that right Fuzzy legal -- could be a lesser crimes and -- our depends on this specific circumstances of the case and there are so many different variations. It's impossible to tell you -- I -- really go anywhere from a class C misdemeanor. To a class C felony. And I actually book call one other piece of that too because the law always has a global metal status -- what's in your mind. So -- in June of 2014. And a chance encounter with a major bombings. It turns out you've got to have banned assault weapons -- you're gonna get a heads up that has a got a man assault weapon you gotta get that registered within thirty days. And then god there's a distinction in the law between willing and intentional violations and knowing violations and this happens all the time -- roadside again Chris what. We'll be able to explain that if you say you know I know darn well that it's not registered and it's never going to be registered than you might even seem intent. Good to knowingly possessed it in violation of the law and amber I'm fairly confident that point it's an -- miss. But it's intended to be a warning followed by a thirty day period that would allow you to. You know pursue some some your remedies and then. And then if at that point that than -- the statute. -- -- a little bit further. -- -- -- I'm not. Well respect for law enforced and I think almost everybody here -- -- An independent. Directors whose shirt or -- good. Would you have Euro. Kerry wins Enron's. Don't know okay.

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