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Farmington Hills Parks and Rec

CoonDog

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May 5, 2009
Messages
532
Location
Farmington Hills, Michigan, USA
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I'm a noob here and wanted to lend a hand for my community. For the sake of disclosure, I do not own a pistol and have never (yet) OC'd or CC'd. I currently own a Rem 870 and Rem 597 (.22LR), and a pistol purchase is in the near future (XDM?) [Edit: bought a Walther P99 in 9mm and, after 480 rounds, I love it].

So I looked in the code of ordinances for Farmington Hills and found a prohibition on firearms in parks and recreation areas. I sent the mayor and city council the following letter:


[font="Arial, sans-serif"][/font]
Dear Mayor Jerry Ellis, Mayor Pro Tem Dr. Randy Bruce, Council Member Nancy Bates, Council Member Barry Brickner, Council Member Michael Bridges, Council Member Kenneth Massey, Council Member Cheryl Oliverio;

While researching the Code of Ordinances for the City of Farmington Hills, I came across the Rules and Regulations (Article III) for Parks and Recreation (Chapter 19), outlined in brief, below. The ordinance listed in Chapter 19, Article III, Section 19-65 lists multiple restrictions for the possession and transport of Firearms, "in any park or recreation area".

Under the 1990 state preemption law (MCL 123.1102, outlined in brief below), this ordinance is unenforceable in regard to firearm possession and transport. Furthermore, the existence of this ordinance, being in conflict with the law of the State of Michigan, is misleading to the people of Farmington Hills and other citizens who may visit the City.

As a Farmington Hills resident, I am requesting this ordinance be amended within 90 days to comply with MCL 123.1102. Failure to amend this ordinance could be considered an act of malfeasance as it willfully misinforms the public of what is and is not allowed in the parks of the City of Farmington Hills. I look forward to your resolution and response when this ordinance is amended.

Thank you,

Steven W. Coon



Code of Ordinances City of Farmington Hills, Michigan
PART II CODE OF ORDINANCES
Chapter 19 PARKS AND RECREATION ARTICLE III
RULES AND REGULATIONS
Sec. 19-65. Firearms and fireworks.
No person shall bring into or have in his or her possession in any park or recreation area:
(1) Any pistol or revolver or object upon which loaded or blank cartridges may be used as defined in section 18-307;
(2) Any rifle, shotgun, BB gun, pellet gun, air gun, spring gun, slingshot, bow or other weapon in which the propelling force is gun powder, a spring or air;
(3) Any fireworks as defined in the fire prevention code of the city, in any public park. (Ord. No. C-4-88, § 1(12.190), 1-11-88)



Michigan Legislature FIREARMS AND AMMUNITION (EXCERPT)
Act 319 of 1990
123.1102 Regulation of pistols or other firearms.
Sec. 2.
A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

History: 1990, Act 319, Eff. Mar. 28, 1991

http://www.legislature.mi.gov/(S(3uzohtmics2b4u45avhaptfn))/mileg.aspx?page=GetObject&objectname=mcl-123-1102



Many thanks to Maahes as I shamelessly used his letter as a starter.

I'll report back when I get a response.

 

zigziggityzoo

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Ann Arbor, Michigan, USA
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CoonDog wrote:
Many thanks to Maahes as I shamelessly used his letter as a starter.

I'll report back when I get a response.

[/size]

No shame necessary! This letter has been used many times by many people. I believe Venator may have been the first to construct it.

Welcome to OCDO! We look forward to having you at an OC event. It's a great way to start out with OC (safety in numbers!)

Good job on the letter. I look forward to hearing the results.
 

Michigander

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Aug 24, 2007
Messages
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Mulligan's Valley
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Nice job!

If you aren't sure what kind of handgun you want, you should arrange a trip to the Pit in Lapeer and invite others here. That way you can try a bunch of other peoples handguns. It's where I go since there are no jack ass range masters, or range fees.
 

FatboyCykes

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Apr 3, 2009
Messages
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Location
Warren, Michigan, USA
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I actually prefer my XD over the XDm. Maybe it's just me, but the feel/fit is so much better, and when it comes down to it, that's what's most important. Try them both :D You can't go wrong with either.
 

CoonDog

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May 5, 2009
Messages
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Location
Farmington Hills, Michigan, USA
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From the FH City Attorney:

Dear Mr. Coon, I am the Farmington Hills City Attorney. I am contacting you with respect to the recent email you sent to several members of the City Council regarding the above matter. I am writing to let you know that I have been askedby the Cityto look into the issue you have raised. If you have any further information regarding this matter, please forward it to my attention using my contact information below. Thank you for your interest.
[align=left]Steven P. Joppich, Esq.[/align] [align=left]30903 Northwestern Highway[/align] [align=left]P.O. Box 3040[/align] [align=left]Farmington Hills, MI 48334-3040[/align] [align=left](248) 539-2816 (Direct Dial)[/align] [align=left](248) 851-2158 (Fax)[/align] [align=left]sjoppich@secrestwardle.com[/align]
 

CoonDog

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Messages
532
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Farmington Hills, Michigan, USA
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Reply to City Attorney:


Mr. Joppich,
Thank-you for the prompt reply. I am not a lawyer, but I would be happy to provide you with additional information regarding my inquiry.


I) Right to Keep and Bear Arms in Michigan. As you are likely aware, lawful carry of firearms within the State of Michigan is protected by Article I, Section 6 of the Constitution of the State of Michigan of 1963, "Every person has a right to keep and bear arms for the defense of himself and the state". This became law on January 1, 1964.

http://www.legislature.mi.gov/documents/publications/Constitution.pdf


II) Preemption. The authority to enact restrictions on possession and transport (among other regulations) of firearms is retained by the state in the Firearms and Ammunition Act of 1990. Note that this does not prohibit the local governments from enacting restrictions on the discharge or brandishing of firearms.

http://www.legislature.mi.gov/(S(5fgwbhqd1beu4045hco5w4jj))/mileg.aspx?page=GetObject&objectname=mcl-123-1102

FIREARMS AND AMMUNITION (EXCERPT)
Act 319 of 1990

123.1102 Regulation of pistols or other firearms.
Sec. 2.

A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.


III) Preemption, continued. The State of Michigan Court of Appeals upheld Section 1102, preemption, in the case of MCRGO v. Ferndale, No. 242237, LC No. 02-038045-CZ.

http://coa.courts.mi.gov/documents/opinions/final/coa/20030429_c242237_47_85o.242237.opn.coa.pdf

In this 2003 case, the court concluded the following:

Excerpt:

"In sum, we conclude that § 1102 is a statute that specifically prohibits local units of government from enacting and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any ordinance or regulation of a local unit of government concerning these areas."


IV) Brandishing a firearm. Brandishing a firearm is defined by AG Opinion 7101, February 6, 2002.

Pages 230-231 http://www.legislature.mi.gov/documents/publications/firearms.pdf

(This reference is the compilation of firearms laws and relevant AG opinions for the State of Michigan. Compiled by the Legislative Service Bureau Pursuant to Act 381 of the Public Acts of 2000. March 2009.)

Excerpt:

"In the absence of any reported Michigan appellate court decisions defining “brandishing,” it is appropriate to rely upon dictionary definitions. People v Denio, 454 Mich 691, 699; 564 NW2d 13 (1997). According to The American Heritage Dictionary, Second College Edition (1982), at p 204, the term brandishing is defined as: “1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. –n. A menacing or defiant wave or flourish.” This definition comports with the meaning ascribed to this term by courts of other jurisdictions. For example, in United States v Moerman, 233 F3d 379, 380 (CA 6, 2000), the court recognized that in federal sentencing guidelines, “brandishing” a weapon is defined to mean “that the weapon was pointed or waved about, or displayed in a threatening manner.”

Applying these definitions to your question, it is clear that a reserve police officer, regardless whether he or she qualifies as a “peace officer,” when carrying a handgun in a holster in plain view, is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm in violation of section 234e of the Michigan Penal Code. It is my opinion, therefore, that a reserve police officer, by carrying a handgun in a holster that is in plain view, does not violate section 234e of the Michigan Penal Code, which prohibits brandishing a firearm in public."


V) Restrictions on lawful carry. Restrictions on lawful carry are detailed in MCL Section 750.234d. Please note that parks and recreation areas are not listed as restricted carry areas. Further, while not applicable to this case of parks and recreation areas, please note also that these restrictions do not apply to person's licensed by the state to carry a concealed weapon. This latter point has been affirmed by AG Opinion No. 7097 (Pages 225-226 http://www.legislature.mi.gov/documents/publications/firearms.pdf).

http://www.legislature.mi.gov/(S(fcpmxd55fgvg0p55a42yorud))/mileg.aspx?page=GetObject&objectname=mcl-750-234d

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.

Sec. 234d.

(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(b) A church or other house of religious worship.
(c) A court.
(d) A theatre.
(e) A sports arena.
(f) A day care center.
(g) A hospital.
(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.

(2) This section does not apply to any of the following:
(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.
(b) A peace officer.
(c) A person licensed by this state or another state to carry a concealed weapon.
(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.

(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.


VI) Restrictions on lawful carry, continued.
Restrictions on concealed carry of a firearm are enumerated in MCL Section 28.525o. These areas are what the Michigan State Police refer to as "Pistol Free Areas" (http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10947--,00.html). Please not that here also parks and recreation areas are not listed as restricted areas.

http://www.legislature.mi.gov/(S(mklndlr5mjj5bi3wkiubshbh))/mileg.aspx?page=GetObject&objectname=mcl-28-425o

FIREARMS (EXCERPT)
Act 372 of 1927


28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation; penalties.

Sec. 5o.

(1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:
(a) A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the child from the school. As used in this section, "school" and "school property" mean those terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
(b) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.
(c) A sports arena or stadium.
(d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but is not required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(e) Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.
(f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.
(g) A hospital.
(h) A dormitory or classroom of a community college, college, or university.

(2) An individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol in violation of R 432.1212 or a successor rule of the Michigan administrative code promulgated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.

(3) As used in subsection (1), "premises" does not include parking areas of the places identified under subsection (1).

(4) Subsection (1) does not apply to any of the following:
(a) An individual licensed under this act who is a retired police officer or retired law enforcement officer. The concealed weapon licensing board may require a letter from the law enforcement agency stating that the retired police officer or law enforcement officer retired in good standing.
(b) An individual who is licensed under this act and who is employed or contracted by an entity described under subsection (1) to provide security services and is required by his or her employer or the terms of a contract to carry a concealed firearm on the premises of the employing or contracting entity.
(c) An individual who is licensed as a private investigator or private detective under the professional investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851.
(d) An individual who is licensed under this act and who is a corrections officer of a county sheriff's department.
(e) An individual who is licensed under this act and who is a motor carrier officer or capitol security officer of the department of state police.
(f) An individual who is licensed under this act and who is a member of a sheriff's posse.
(g) An individual who is licensed under this act and who is an auxiliary officer or reserve officer of a police or sheriff's department.
(h) An individual who is licensed under this act and who is a parole or probation officer of the department of corrections.
(i) A state court judge or state court retired judge who is licensed under this act. The concealed weapon licensing board may require a state court retired judge to obtain and carry a letter from the judicial tenure commission stating that the state court retired judge is in good standing as authorized under section 30 of article VI of the state constitution of 1963, and rules promulgated under that section, in order to qualify under this subdivision.

(5) An individual who violates this section is responsible for a state civil infraction or guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), the individual is responsible for a state civil infraction and may be fined not more than $500.00. The court shall order the individual's license to carry a concealed pistol suspended for 6 months.
(b) For a second violation, the individual is guilty of a misdemeanor punishable by a fine of not more than $1,000.00. The court shall order the individual's license to carry a concealed pistol revoked.
(c) For a third or subsequent violation, the individual is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. The court shall order the individual's license to carry a concealed pistol revoked.


VII) Potential Ramifications.
The City of Farmington Hills itself may be open to responsibility, including financial penalties, due to false arrest/detainment of individuals lawfully carrying a firearm, or other charges. Such an arrest might be considered an unlawful seizure under Article I, Section 11 of the Constitution of the State of Michigan of 1963 and under the 4th Amendment to the U.S. Constitution. Please note that Grand Haven, MI, Ottawa County, Ottawa County Sheriff's department, and several officers are currently named defendants of such a federal lawsuit (http://www.mcrgo.org/mcrgo/view/news.asp?articleid=4222&zoneid=6). I don't have access to court documents, but the full complaint in this case can be read here (http://www.defensivecarry.com/vbull...hts-lawsuit-filed-against-grand-haven-mi.html). Indeed, the arresting officer himself may become liable for infringement of a person's civil rights under 42 USC 1983 (http://www.law.cornell.edu/uscode/42/1983.html). Given this particular consequence, the City is advised to retrain the police force or peace officers on any new changes adopted to this city ordinance.


VIII) Additional Resources. Please contact the offices of the following individuals for further inquiry into the firearms laws of the State of Michigan:

Mike Cox
Michigan Attorney General
(517) 373-1110

Sargent Thomas Deasy
Michigan State Police
Executive Resource Section
(517) 336-6441

Michael J. Bouchard
Oakland County Sheriff
(248) 858-5000


Thank-you again for your prompt reply. I look forward to hearing of your future progress.

Steven W. Coon
 

jeremy05

Regular Member
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May 18, 2009
Messages
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Arizona, ,
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Wow! Great stuff, Let us know how this turns out. I have a best friend in the police department in that city!
 

BreakingTheMold

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Joined
May 1, 2009
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Niles & Lawton, Michigan, USA
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Well done! And Welcome!

Hey...the prosecuting attorney, asked you for More info on the State laws? You'd think they'd have made them take some sort of class for that job. :banghead:


Really though, great job sorting out cites. And again, Welcome. Maybe we'll have to plan an OC picnic for the park in question.
 

CoonDog

Regular Member
Joined
May 5, 2009
Messages
532
Location
Farmington Hills, Michigan, USA
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I haven't heard anything back from the city attorney or city, so today I sent the following to the city attorney:



Mr. Joppich,

I am writing you to follow-up on our previous communications in May regarding the Farmington Hills ordinance prohibiting lawful carry of a firearm in city parks. Can you please forward to me an update on your findings? Have you yet submitted a summary or recommendation to city council and/or the mayor's office?

Also, if there is any further way I can be of service, please feel free to contact me at your earliest convenience. Thank-you very much for your diligence in this matter.

Steve Coon
 

CoonDog

Regular Member
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May 5, 2009
Messages
532
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Farmington Hills, Michigan, USA
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[align=left]I received a favorable reply today:


Mr. Coon,

The City Council will be considering draft ordinance changes at its 7/13 meeting.

Steven P. Joppich, Esq.
[/align][align=left]
[/align][align=left]Add: *****. If there are any others here with a stake in Farmington Hills or ANY interested parties willing to show for the meeting in support of changes to the ordinance, I would greatly appreciate it if someone could attend in my place.[/align][align=left]:banghead:
[/align][align=left]
[/align]
 

CoonDog

Regular Member
Joined
May 5, 2009
Messages
532
Location
Farmington Hills, Michigan, USA
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I sent this response:

Mr. Joppich,

Thank-you for the reply and I'm glad to hear this item is moving forward. I am hopeful that this means the city will recognize the right of law-abiding citizens to lawfully carry a firearm in self-defense and the defense of their families. *****. I will attempt to send someone else in my stead to provide assistance, if possible.

Thank-you again for the update and notice of the meeting on the 13th..

Steve Coon
 

CoonDog

Regular Member
Joined
May 5, 2009
Messages
532
Location
Farmington Hills, Michigan, USA
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Tao wrote:
Wow, nice find Tao!!!

It's a great feeling to know that the City has not only listened to a concern raised by a resident, but has also taken the appropriate steps for corrective action. Aside from the obvious anti-gun comments in the article, I couldn't be happier with the outcome.
 

Generaldet

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Jul 28, 2008
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Councilwoman Nancy Bates said the city should request the Michigan Municipal League to survey communities and rally support in taking the guns in parks issue to the state legislature.
“Something needs to be done on a higher level,” she said.




Wherever there is oppression of peoples rights, we will be there to fight it. ;)
 

Michigander

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Mulligan's Valley
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Generaldet wrote:
Councilwoman Nancy Bates said the city should request the Michigan Municipal League to survey communities and rally support in taking the guns in parks issue to the state legislature.
“Something needs to be done on a higher level,” she said.




Wherever there is oppression of peoples rights, we will be there to fight it. ;)

Which again makes me want to point out that we should meet with the law makers in Lansing again if it can be pulled off.
 

jmlefler

Regular Member
Joined
May 19, 2008
Messages
287
Location
Southwest, Michigan, USA
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Generaldet wrote:
Councilwoman Nancy Bates said the city should request the Michigan Municipal League to survey communities and rally support in taking the guns in parks issue to the state legislature.
“Something needs to be done on a higher level,” she said.




Wherever there is oppression of peoples rights, we will be there to fight it. ;)
Send her this... I mean really. This is perfect.

http://web.me.com/joshtish/OC2009_04.pdf

Carry on

edit: just did it myself

Dear Councilwoman Bates,

It is my understanding that after reading the article titled "Council Revises Gun Rule" http://www.freep.com/article/C5/20090719/NEWS06/907190442/-1/NEWS0302/Council-revises-gun-rule

you wished for a review of gun ordinances by the Michigan Municipal League.

Ma'am, they've already done so in April of this year:
http://web.me.com/joshtish/OC2009_04.pdf

A full reading of this document will be very instructive; I know it was for me.

Respectfully,

J. Lefler
-- [/code]
 
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