Arizona Gun Laws

Tuesday, June 23, 2015

STATE CONSTITUTIONAL PROVISION -- Article 2, Section 26.

“The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.”

Gun Laws Overview

	RIFLES & SHOTGUNS	HANDGUNS
Licensing of Owners	No	No
Permit to Carry	No	No*
Permit to Purchase
Registration of Firearms	No	No
* Arizona respects the right of all U.S. citizens to carry a concealed handgun with or without a permit, or to carry openly while in this state. An Arizona resident permit can be obtained for the purposes of carrying concealed while in other states that offer recognition or reciprocity. The list and map below are included as a tool to assist you in validating your information. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequentchange. The information is not intended as legal advice or a restatement of law and does not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

	STATE STATUS
Castle Doctrine	Enacted
No-Net Loss	No Legislation
Right to Carry Confidentiality	Provisions Enacted
Right to Carry in Restaurants	Legal
Right to Carry Laws	No Permit Required
Right To Carry Reciprocity and Recognition	Outright Recognition
Right to Keep & Bear Arms State Constitutional Provisions	With Provisions
* Arizona respects the right of all U.S. citizens to carry a concealed handgun with or without a permit, or to carry openly while in this state. An Arizona resident permit can be obtained for the purposes of carrying concealed while in other states that offer recognition or reciprocity. The list and map below are included as a tool to assist you in validating your information. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change. The information is not intended as legal advice or a restatement of law and does not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

Concealed Carry Reciprocity

Laws on Purchase, Possession and Carrying of Firearms

Antiques/Replicas

Arizona statutes are silent on antique and replica firearms except that firearms in a permanently inoperable condition are not included within the definition of firearms and are therefore exempt from the weapon laws of Arizona. All other categories of antique or replica firearms are treated as ordinary firearms for possession and carrying purposes.

Carrying

Arizona respects the right of law abiding citizens to openly carry a handgun.

Any person 21 years of age or older, who is not prohibited possessor, may carry a weapon openly or concealed without the need for a license. Any person carrying without a license must acknowledge and comply with the demands of a law enforcement officer when asked if he/she is carrying a concealed deadly weapon, if the officer has initiated an "investigation" such as a traffic stop.

It is unlawful to carry a firearm concealed within the immediate control of any person in or on a means of transportation if under 21 years of age. Firearms carried in a vehicle shall be transported in a case, a holster or scabbard, a storage compartment, trunk, pack, luggage, or glove compartment of a means of transportation.

No person shall, unless specifically authorized by law, enter a public establishment or attend a public event carrying a firearm after a reasonable request by the operator of the establishment or the sponsor of the event to remove his firearm and place it in the custody of the operator or sponsor. This does not apply to shooting ranges or shooting events, hunting areas or similar locations or activities.

It is unlawful, unless specifically authorized by law, to enter an election polling place on the day of any election carrying a firearm.

It is unlawful to possess a deadly weapon on grade or high school grounds. This shall not apply to an unloaded firearm within a means of transportation under the control of an adult, provided, if the adult leaves the vehicle, it shall be locked and the unloaded firearm shall not be visible, or for a program approved by the school.

The Department of Public Safety shall issue a permit to carry a concealed weapon to a resident of the state at least 21 years old, a U.S. citizen, who satisfactorily completes an approved firearms safety program, submits fingerprints and a fee of $60 for a new license and $43 for a renewal, and who does not fall into a class of person prohibited to possess a firearm, such as a convicted felon, adjudicated mental incompetent, or illegal alien. The qualification checks shall be completed within 60 days of receipt of the application, and the permit will be issued within 15 working days after completing the checks. The permit is valid for not more than 5 years and is renewable every 5 years.

The Department of Public Safety shall enter into written agreements with states that require written agreements for the purpose of establishing mutual recognition. A person with a concealed firearm permit who is a resident of another state, is lawfully present and not prohibited from possessing a firearm in the state of Arizona, may carry a concealed firearm while in this state.

A person with a concealed weapons permit may carry a concealed handgun on the premises of a liquor licensee who is an on-sale retailer unless the licensee posts a sign that clearly prohibits the possession of weapons on the licensed premises.

A property owner, tenant, public or private employer or business entity shall not establish, maintain or enforce a policy or rule that prohibits a person from lawfully transporting or lawfully storing any firearm that is in the person’s locked and privately owned motor vehicle or in a locked compartment on the person’s privately owned motorcycle and not visible from the outside of the motor vehicle or motorcycle.

Any hunter going afield may carry a handgun for self defense but shall not use the handgun for the taking of wildlife.

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Footnote

¹A firearm is defined as any loaded or unloaded pistol, revolver, shotgun or other weapon which will or is designed to or may readily convert to expel a projectile by the action of an explosive, except that it does not include a firearm in permanently inoperable condition.

Machine Guns

A machine gun is defined as a firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.

It is unlawful to manufacture, possess, transport, sell, or transfer a machine gun. This does not apply to peace officers, members of the military forces of the United States or persons specifically licensed, authorized or permitted pursuant to an Arizona statute or the National Firearms Act. This also does not apply to any machine gun registered in the national firearms registry and transfer records of the U.S. Treasury Department or classified as a curio or relic by the U.S. Treasury Department.

The possession, transporting, selling or transferring of a machine gun by a museum as part of its collection or an educational institution for educational purposes or by an authorized employee of such museum or institution is not unlawful.

Authorized manufacturers or dealers may manufacture, possess, transport, sell, or transfer machine guns solely for or to a dealer or a regularly constituted or appointed state or municipal police department or police officer, or a detention facility, or the military service of Arizona or the United States, or a museum or educational institution or a person specifically licensed or permitted pursuant to Arizona law or the National Firearms Act.

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Miscellaneous

No political subdivision may bring a civil liability action in any Arizona court against any firearm manufacturer.

It is unlawful to remove, alter or destroy the manufacturer’s serial number on a firearm.

Discharge of a firearm within the limits of any municipality is unlawful except on a properly supervised range operated by a club affiliated with any nationally recognized shooting organization, or by an agency of the government or a public or private school, and in the case of air or carbon dioxide gas operated guns, or underground ranges on private or public property, such ranges may be operated with adult supervision; in an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police; for the control of nuisance wildlife by permit, or by special permit of the chief of police of the municipality.

It is unlawful to recklessly handle, display, or discharge a firearm with the intent to disturb the peace and quiet of a neighborhood, family or person.

No person shall discharge a firearm from a motor vehicle, including an automobile, aircraft, train or powerboat, or from a sailboat, boat under sail or floating object towed by powerboat or sailboat.

Wildlife may be taken in defense of self or another.

No person shall knowingly discharge a firearm upon, from, across or into a road or railway.

It is unlawful to discharge a firearm while taking wildlife within a quarter mile of an occupied farm house or other residence, cabin, lodge or building without the permission of the owner or resident.

It is lawful to hunt with a suppressor on a firearm. There is no limit or restriction on the magazine capacity of any authorized firearm.

It is unlawful for any person while taking wildlife or while in any hunting area to handle or discharge any firearm while intoxicated or in a careless or reckless manner or with wanton disregard for the safety of human life or property.

It is unlawful to carry or possess a firearm for taking game within or upon a game refuge except under seal or by written consent of the game commission. This shall not prevent landowners, lessees, permittees, their employees, or licensed trappers from carrying arms in the performance of their lawful duties.

It is unlawful to possess, transfer, or manufacture a rifle with a barrel under 16 inches or a shotgun with a barrel under 18 inches or any such firearm with an overall length under 26 inches. See exemptions under “Machine Guns.”

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Possession

No state permit is required to possess a shotgun, rifle or handgun. It is unlawful for a “prohibited possessor” to possess a firearm.1

A prohibited possessor includes a person found to constitute a danger to himself or others pursuant to a court order and whose court ordered treatment has not been terminated; who has been convicted of a felony involving violence or possession and use of a deadly weapon or dangerous instrument and whose civil rights have not been restored; who is at the time of possession serving a term of imprisonment in any correctional or detention facility; who at the time of possession is serving a term of probation pursuant to a conviction for a domestic violence offense or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole; or who was previously adjudicated delinquent and who possesses, uses or carries a firearm within ten years from the date of adjudication or release for an offense that if committed as an adult would constitute first or second degree burglary, arson, murder, manslaughter, kidnapping, robbery, aggravated assault, sexual assault or any felony offense involving the use or threatening exhibition of a deadly weapon or dangerous instrument.

No person, other than a peace officer or a member of the military forces of the United States, shall knowingly possess a firearm on which the manufacturer’s serial number has been removed, altered or destroyed. This does not apply to possession by a museum as a part of its collection or an educational institution for educational purposes or by an authorized employee of such museum or institution or acquisition by gift, devise or descent or in a fiduciary capacity as a recipient of the property of an insolvent, incapacitated or deceased person.

An unemancipated person under 18 not accompanied by a parent, grandparent, guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with consent of the minor’s parent, grandparent or guardian shall not carry or possess on his person, within his immediate control, or in or on a means of transportation a firearm in any place open to the public or on any street, highway, or on private property, except private property owned or leased by the minor or the minor’s parent, grandparent, or guardian. This prohibition does not apply to a person between 14 and 17 engaged in lawful hunting, marksmanship practice, transportation of an unloaded firearm for the purpose of hunting or, between 5:00 AM and 10:00 PM, transportation of an unloaded firearm for the purpose of marksmanship at a range or other area where the discharge of firearms is not prohibited.

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Preemption

A political subdivision may not enact any ordinance, rule or tax affecting the ownership, transportation, possession, purchase, transfer or use of firearms or ammunition. In addition, a political subdivision of this state shall not require or maintain a record, list or database containing the personally identifying information of the person who buys, sells, leaves for repair or consignment or leaves for temporary storage, any weapon owned by that person.

ARIZ. REV. STAT. ANN. § 13-3108. Firearms regulated by state; state preemption; violation; classification

A. Except as provided in subsection C of this section, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer or use of firearms or ammunition or any firearm or ammunition components in this state.

B. A political subdivision of this state shall not require the licensing or registration of firearms or ammunition or any firearm or ammunition components or prohibit the ownership, purchase, sale or transfer of firearms or ammunition or any firearm or ammunition components.

C. A POLITICAL SUBDIVISION OF THIS STATE SHALL NOT REQUIRE OR MAINTAIN A RECORD IN ANY FORM, WHETHER PERMANENT OR TEMPORARY, INCLUDING A LIST, LOG OR DATABASE, OF ANY OF THE FOLLOWING:

1. ANY IDENTIFYING INFORMATION OF A PERSON WHO PURCHASES OR EXCHANGES A WEAPON, WHO LEAVES A WEAPON FOR REPAIR OR SALE ON CONSIGNMENT OR WHO LEAVES A WEAPON IN TEMPORARY STORAGE AT ANY PUBLIC ESTABLISHMENT OR PUBLIC EVENT.

2. ANY IDENTIFYING INFORMATION OF A PERSON WHO SELLS OR TRANSFERS A FIREARM, UNLESS THE PERSON IS A FEDERALLY LICENSED FIREARMS DEALER.

3. THE DESCRIPTION, INCLUDING THE SERIAL NUMBER, OF A WEAPON THAT IS PURCHASED, SOLD, TRANSFERRED, EXCHANGED, LEFT FOR REPAIR OR SALE ON CONSIGNMENT OR LEFT IN TEMPORARY STORAGE AT ANY PUBLIC ESTABLISHMENT OR PUBLIC EVENT.

D. This section does not prohibit a political subdivision of this state from enacting and enforcing any ordinance or rule pursuant to state law, to implement or enforce state law or relating to any of the following:

1. Imposing any privilege or use tax on the retail sale, lease or rental of, or the gross proceeds or gross income from the sale, lease or rental of, firearms or ammunition or any firearm or ammunition components at a rate that applies generally to other items of tangible personal property.

2. Prohibiting a minor who is unaccompanied by a parent, grandparent or guardian or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the minor's parent, grandparent or guardian from knowingly possessing or carrying on the minor's person, within the minor's immediate control or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property that is owned or leased by the minor or the minor's parent, grandparent or guardian. Any ordinance or rule that is adopted pursuant to this paragraph shall not apply to a minor who is fourteen, fifteen, sixteen or seventeen years of age and who is engaged in any of the following:

(a) Lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

(b) Lawful transportation of an unloaded firearm for the purpose of lawful hunting.

(c) Lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

(d) Any activity that is related to the production of crops, livestock, poultry, livestock products, poultry products or ratites or storage of agricultural commodities.

3. The use of land and structures, including a business relating to firearms or ammunition or their components or a shooting range in the same manner as other commercial businesses. Notwithstanding any other law, this paragraph does not authorize a political subdivision to regulate the sale or transfer of firearms on property it owns, leases, operates or controls in a manner that is different than or inconsistent with state law. For the purposes of this paragraph, a use permit or other contract that provides for the use of property owned, leased, operated or controlled by a political subdivision shall not be considered a sale, conveyance or disposition of property.

4. Regulating employees or independent contractors of the political subdivision who are acting within the course and scope of their employment or contract.

5. Limiting firearms possession in parks or preserves of one square mile or less in area to persons who possess a concealed weapons permit issued pursuant to section 13 3112. The political subdivision shall post reasonable notice at each park or preserve. The notice shall state the following: "Carrying a firearm in this park is limited to persons who possess a permit issued pursuant to section 13 3112, ARIZONA REVISED STATUTES." In parks or preserves that are more than one square mile in area, a political subdivision may designate developed or improved areas in which the political subdivision may limit firearms possession to persons who possess a concealed weapons permit issued pursuant to section 13 3112. The political subdivision shall post reasonable notice at each designated developed or improved area. The notice shall state the following: "Carrying a firearm in this developed or improved area is limited to persons with a permit issued pursuant to section 13 3112, ARIZONA REVISED STATUTES." For the purposes of this paragraph, "developed or improved area" means an area of property developed for public recreation or family activity, including picnic areas, concessions, playgrounds, amphitheaters, racquet courts, swimming areas, golf courses, zoos, horseback riding facilities and boat landing and docking facilities. Developed or improved area does not include campgrounds, trails, paths or roadways except trails, paths and roadways directly associated with and adjacent to designated developed or improved areas. Any notice that is required by this paragraph shall be conspicuously posted at all public entrances and at intervals of one fourth mile or less where the park, preserve or developed or improved area has an open perimeter. Any limitation imposed by a political subdivision pursuant to this paragraph shall not apply to a person:

(a) Engaged in a permitted firearms or hunter safety course conducted in a park by a certified hunter safety instructor or certified firearms safety instructor.

(b) At a properly supervised range, as defined in section 13 3107, at a permitted shooting event, at a permitted firearms show or in a permitted hunting area.

(d) Going directly to or from an area where the person is lawfully engaged in hunting, marksmanship practice or recreational shooting.

(e) Traversing a trailhead area in order to gain access to areas where the possession of firearms is not limited.

(f) Using trails, paths or roadways to go directly to or from an area where the possession of firearms is not limited and where no reasonable alternate means of access is available.

6. Limiting or prohibiting the discharge of firearms in parks and preserves except:

(a) As allowed pursuant to chapter 4 of this title.

(b) On a properly supervised range as defined in section 13 3107.

(c) In an area recommended as a hunting area by the Arizona game and fish department and approved and posted as required by the political subdivision's chief law enforcement officer. Any such area may be closed when deemed unsafe by the political subdivision's chief law enforcement officer or the director of the Arizona game and fish department.

(d) To control nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.

(e) By special permit of the chief law enforcement officer of the political subdivision.

(f) As required by an animal control officer in performing duties specified in section 9 499.04 and title 11, chapter 7, article 6.

(g) In self defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.

F. A violation of any ordinance established pursuant to subsection C, paragraph 6 of this section is a class 2 misdemeanor unless the political subdivision designates a lesser classification by ordinance."

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Purchase

It is unlawful to sell or give to a minor, without written consent of the minor’s parent or legal guardian, a firearm or ammunition.

No state permit is required to purchase a shotgun, rifle, or handgun.

It is unlawful to sell or transfer a firearm to a “prohibited possessor.” (See definition under Possession.) A concealed handgun permit will exempt a gun purchaser from the NICS check.

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Range Protection

Shooting ranges are generally protected under state law against nuisance lawsuits alleging noise pollution.

ARIZ. REV. STAT. ANN. § 17-601. Definition of outdoor shooting range

In this article, unless the context otherwise requires, “outdoor shooting range” or “range” means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Outdoor shooting range does not include any area for the exclusive use of archery or air guns or a totally enclosed facility that is designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.

§ 17-602. State outdoor shooting range noise standards; preemption; measurement; definitions

A. The legislature finds that outdoor shooting range noise standards are a matter of statewide concern. City, town, county and any other state noise standards are preempted as applied to outdoor shooting ranges.

B. Each outdoor shooting range in this state shall measure the noise emitted from the range pursuant to subsection E at least once. In addition, the range shall measure the noise it emits if the range expands the area designed and operated for the use of firearms or explosives by more than twenty per cent in size than at the time of its initial noise measurement or if the range introduces the use of a type of firearm or explosive device that will increase noise production. The range shall pay for the measurement and shall keep the results of the measurement at the range at all times. Any person may review the noise measurement during the range's business hours. Ranges that are located at least one mile from areas that are zoned for residences, schools, hotels, motels, hospitals or churches are exempt from this subsection.

C. Any person, at the person's expense, may measure the noise emitted from an outdoor shooting range pursuant to subsection E.

D. The noise emitted from an outdoor shooting range shall not exceed an Leq(h) of sixty-four dBA.

E. In measuring the noise emitted from an outdoor shooting range:

1. If a range performs the measurement of noise pursuant to subsection B, sound pressure measurements shall be taken twenty feet from the nearest occupied residence, school, hotel, motel, hospital or church, or from the nearest proposed location of a residence, school, hotel, motel, hospital or church if the property is zoned for such a structure but is currently unimproved. If a person performs the measurement of noise pursuant to subsection C, sound pressure measurements shall be taken twenty feet from the person's residence, school, hotel, motel, hospital or church, or twenty feet from the proposed location of the person's residence, school, hotel, motel, hospital or church if the property is zoned for such a structure but is currently unimproved.

2. Sound pressure measurements shall be made in a location directly between the range and the nearest existing or proposed residence, school, hotel, motel, hospital or church. If there are natural or artificial obstructions that prevent an accurate noise measurement, the measurement may be taken within an additional twenty feet radius from the initial measurement location.

3. Sound pressure measurements shall be made on the A-weighted fast response mode scale. Measurements shall be taken during the noisiest hour of peak use during the operation of the range. Measurements shall be taken according to American national standards institute's standard methods ANSI S1.2-1962 (R1976) American national standard method for physical measurement of sound and ANSI S1.2-1971 (R1976) American national standard method for measuring sound pressure levels. Measurements shall be taken using a type 1 sound meter meeting the requirements of ANSI S1.4L-1971. Any part of the measurements conducted on a range shall comply with the range safety rules.

F. Outdoor shooting ranges in operation on July 1, 2002 shall comply with the provisions of this section before July 1, 2003. Ranges not in operation on July 1, 2002 shall comply with the provisions of this section when they begin operation.

G. Subsection B does not apply to an outdoor shooting range that is built for military or armed nuclear security guard training and that is not open to the general public.

H. For the purposes of this section:

1. “A-weighted” means a frequency weighting network used to account for changes in sensitivity as a function of frequency.

2. “DBA” means A-weighted decibels, taking into account human response to sound energy in different frequency bands.

3. “Decibel” means the unit of measure for sound pressure denoting the ratio between two quantities that are proportional to power. The number of decibels is ten times the base ten logarithm of this ratio.

4. “Leq(h)” means the equivalent energy level that is the steady state level that contains the same amount of sound energy as a time varying sound level for a sixty minute time period.

§ 17-603. Preexisting outdoor shooting ranges; noise buffering or attenuation

A. If an outdoor shooting range was constructed before July 1, 2002 in compliance with existing applicable county or municipal ordinances and zoning requirements and if property located within one mile of the exterior property boundary of the range is rezoned after July 1, 2002 for residential use or any other use that includes a school, hotel, motel, hospital or church, the zoning authority must provide for noise buffers or attenuation devices that are either:

1. Within the new development as a condition for developing the property or as supplied by the zoning authority.

2. Supplied or funded by the zoning authority for location in the range.

B. Property owners, developers, zoning authorities and ranges may negotiate and provide for noise buffers or attenuation devices located on or off the range.

C. Any noise buffering or attenuation under this section must comply with the state noise standards prescribed by § 17-602.

§ 17-604. Nighttime outdoor shooting range operations

A. Outdoor shooting ranges that are located in areas that are zoned for residential use or any other use that includes a school, hotel, motel, hospital or church shall not operate from 10:00 p.m. through 7:00 a.m.

B. This section does not apply to any outdoor shooting range while it is providing law enforcement, military or armed nuclear security guard training. These ranges must provide adequate public notice including posting in four public locations within one mile of the exterior boundaries of the range each calendar quarter of the schedule of when the range will operate from 10:00 p.m. through 7:00 a.m. and the purpose for those nighttime operations. Nighttime operations under this subsection must comply with the nighttime noise standards prescribed by § 17-602.

§ 17-605. Noise pollution; nuisance; defense; costs

A. It is an affirmative defense to any civil liability or claim for equitable relief arising from any allegation regarding noise or noise pollution that results from owning, operating or using an outdoor shooting range if the entity or individual owning, operating or using the range complies with this article.

B. In any action where a defense has been raised pursuant to subsection A, the court shall award the prevailing party its costs and all expenses, including the party's costs incurred in measuring noise emitted from the range and reasonable attorney fees.

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SOURCES: Ariz. Rev. Statutes §§12-714, 13-405, 13-2904, 13-3101, 13-3102, 13-3105, 13-31-07, 13-3108, 13-3109, 31-3112, 17-301,17-301.1, 17-305, 17-312.

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