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AR - Concealed Handgun Law (5-73-301 through 5-73-321)

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5-73-301.  Definitions.

  As used in this subchapter:

   (1) "Concealed" means to cover from observation so as to prevent public view;

   (2) "Convicted" means that a person pleaded guilty or nolo contendere to or was found guilty of a criminal offense;

   (3) "Handgun" means any firearm, other than a fully automatic firearm, with a barrel length of less than twelve inches (12'') that is designed, made, or adapted to be fired with one (1) hand; and.

   (4) "Licensee" means a person granted a valid license to carry a concealed handgun pursuant to this subchapter.

HISTORY: Acts 1995, No. 411, § 1; 1995, No. 419, § 1; 1997, No. 1239, § 1; 2007, No. 664, § 1; 2007, No. 827, §§ 98, 99.

A.C.A. § 5-73-301



5-73-302.  Authority to issue license.

  (a) The Director of the Department of Arkansas State Police may issue a license to carry a concealed handgun to a person qualified as provided in this subchapter.

(b)  (1) For new licenses issued after July 31, 2007, the license to carry a concealed handgun is valid throughout the state for a period of five (5) years from the date of issuance.

   (2) After July 31, 2007, upon renewal, an existing valid license to carry a concealed handgun shall be issued for a period of five (5) years.

(c)  (1)  (A) After July 31, 2007, a license or renewal of a license issued to a former elected or appointed sheriff of any county of this state shall be issued for a period of five (5) years.

      (B) The license issued to a former elected or appointed sheriff is revocable on the same grounds as other licenses.

   (2)  (A) The former elected or appointed sheriff shall meet the same qualifications as all other applicants.

      (B) However, the former elected or appointed sheriff is exempt from the fee prescribed by § 5-73-311(a)(2) and from the training requirements of § 5-73-309(13) for issuance.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 389, § 1; 2007, No. 1014, §§ 1, 3.





5-73-303.  Immunity from civil damages.

  The state, a county or city, or any employee of the state, county, or city is not liable for any civil damages resulting from the issuance of a license pursuant to a provision of this subchapter.

HISTORY: Acts 1995, No. 411, § 3; 1995, No. 419, § 3.





5-73-304.  Exemptions.

  (a)  (1) A certified law enforcement officer, chief of police, or sheriff is exempt from the licensing requirements of this subchapter, if otherwise authorized to carry a concealed handgun.

   (2) Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the sheriff of the county is deemed to be a certified law enforcement officer.

(b) An auxiliary law enforcement officer is exempt from the licensing requirements of this subchapter when:

   (1) The auxiliary law enforcement officer has completed the minimum training requirements and is certified as an auxiliary law enforcement officer in accordance with the commission; and

   (2) Specifically authorized in writing by the auxiliary law enforcement officer's chief of police or sheriff.

(c) The authorization prescribed in (b)(2) of this section shall be carried on the person of the auxiliary law enforcement officer and be produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places as set out in § 5-73-306.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 696, § 1; 1997, No. 1239, § 8; 1999, No. 1508, §§ 1, 7.






5-73-305.  Criminal penalty.

  Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this subchapter, or who knowingly submits a false document when applying for a license issued pursuant to this subchapter upon conviction is guilty of a Class B misdemeanor.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2.





5-73-306.  Prohibited places.

  No license to carry a concealed handgun issued pursuant to this subchapter authorizes any person to carry a concealed handgun into:

   (1) Any police station, sheriff's station, or Department of Arkansas State Police station;

   (2) Any Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department facility;

   (3)  (A) Any building of the Arkansas State Highway and Transportation Department or onto grounds adjacent to any building of the Arkansas State Highway and Transportation Department.

      (B) However, subdivision (3)(A) of this section does not apply to a rest area or weigh station of the Arkansas State Highway and Transportation Department;

   (4) Any detention facility, prison, or jail;

   (5) Any courthouse;

   (6)  (A) Any courtroom.

      (B) However, nothing in this subchapter precludes a judge from carrying a concealed weapon or determining who will carry a concealed weapon into his or her courtroom;

   (7) Any polling place;

   (8) Any meeting place of the governing body of any governmental entity;

   (9) Any meeting of the General Assembly or a committee of the General Assembly;

   (10) Any state office;

   (11) Any athletic event not related to firearms;

   (12) Any portion of an establishment, except a restaurant as defined in § 3-9-202, licensed to dispense alcoholic beverages for consumption on the premises;

   (13) Any portion of an establishment, except a restaurant as defined in § 3-9-202, where beer or light wine is consumed on the premises;

   (14) Any school, college, community college, or university campus building or event, unless for the purpose of participating in an authorized firearms-related activity;

   (15) Inside the passenger terminal of any airport, except that no person is prohibited from carrying any legal firearm into the passenger terminal if the firearm is encased for shipment for purposes of checking the firearm as baggage to be lawfully transported on any aircraft;

   (16) Any church or other place of worship;

   (17) Any place where the carrying of a firearm is prohibited by federal law;

   (18) Any place where a parade or demonstration requiring a permit is being held, and the licensee is a participant in the parade or demonstration; or

   (19)  (A) Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10') that "carrying a handgun is prohibited".

      (B)  (i) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place.

         (ii) In addition to the requirement of subdivision (19)(B)(i) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance.

      (C) A written notice as described in subdivision (19)(A) of this section is not required for a private home.

      (D) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 2; 2003, No. 1110, § 1; 2007, No. 664, § 2; 2009, No. 294, § 28.





5-73-307.  List of license holders.

  (a) The Department of Arkansas State Police shall maintain an automated listing of license holders and this information shall be available on-line, upon request, at any time, to any law enforcement agency through the Arkansas Crime Information Center.

(b) Nothing in this subchapter shall be construed to require or allow the registration, documentation, or providing of a serial number with regard to any firearm.





5-73-308.  License -- Issuance or denial.

  (a)  (1)  (A) The Director of the Department of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon.

      (B) The director may revoke a license if the licensee has been found guilty of one (1) or more crimes of violence within the preceding three (3) years.

   (2) Subdivision (a)(1) of this section does not apply to a misdemeanor that has been expunged or for which the imposition of sentence was suspended.

   (3) Upon notification by any law enforcement agency or a court and subsequent written verification, the director shall suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify the licensee or applicant from having a license under this subchapter until final disposition of the case.

(b)  (1) The director may deny a license if the sheriff or chief of police, if applicable, of the applicant's place of residence submits an affidavit that the applicant has been or is reasonably likely to be a danger to himself or herself or others or to the community at large as the result of the applicant's mental or psychological state, as demonstrated by past patterns of behavior or participation in an incident involving unlawful violence or threats of unlawful violence, or if the applicant is under a criminal investigation at the time of applying for a license.

   (2) Within one hundred twenty (120) days after the date of receipt of the items listed in § 5-73-311(a), the director shall:

      (A) Issue the license; or

      (B) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in this subchapter.

   (3)  (A) If the director denies the application, the director shall notify the applicant in writing, stating the grounds for denial.

      (B) The decision of the director is final.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 4.





5-73-309.  License -- Requirements.

  The Director of the Department of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant:

   (1) Is a citizen of the United States;

   (2)  (A) Is a resident of the state and has been a resident continuously for ninety (90) days or longer immediately preceding the filing of the application.

      (B) However, subdivision (2)(A) of this section does not apply to any:

         (i) Retired city, county, state, or federal law enforcement officer; or

         (ii) Active duty military personnel who submit documentation of their active duty status;

   (3) Is twenty-one (21) years of age or older;

   (4) Does not suffer from a mental or physical infirmity that prevents the safe handling of a handgun and has not threatened or attempted suicide;

   (5)  (A) Has not been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned for conviction and had firearms possession rights restored.

      (B) A record of a conviction that has been sealed or expunged under Arkansas law does not render an applicant ineligible to receive a concealed handgun license if:

         (i) The applicant was sentenced prior to March 13, 1995; or

         (ii) The order sealing or expunging the applicant's record of conviction complies with § 16-90-605;

   (6) Is not subject to any federal, state, or local law that makes it unlawful to receive, possess, or transport any firearm, and has had his or her background check successfully completed through the Department of Arkansas State Police and the Federal Bureau of Investigation's National Instant Check System;

   (7)  (A) Does not chronically or habitually abuse a controlled substance to the extent that his or her normal faculties are impaired.

      (B) It is presumed that an applicant chronically and habitually uses a controlled substance to the extent that his or her faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or has been found guilty of a crime under the provisions of the Uniform Controlled Substances Act, § 5-64-101 et seq., or a similar law of any other state or the United States relating to a controlled substance within the three-year period immediately preceding the date on which the application is submitted;

   (8)  (A) Does not chronically or habitually use an alcoholic beverage to the extent that his or her normal faculties are impaired.

      (B) It is presumed that an applicant chronically and habitually uses an alcoholic beverage to the extent that his or her normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under a law of this state or similar law of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;

   (9) Desires a legal means to carry a concealed handgun to defend himself or herself;

   (10) Has not been adjudicated mentally incompetent;

   (11) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility;

   (12) Is not a fugitive from justice or does not have an active warrant for his or her arrest;

   (13) Has satisfactorily completed a training course as prescribed and approved by the director; and

   (14) Signs a statement of allegiance to the United States Constitution and the Arkansas Constitution.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 368, § 1; 1997, No. 1239, § 10; 1999, No. 51, § 1; 2003, No. 545, §§ 1, 5; 2007, No. 198, § 1; 2007, No. 664, § 3.




5-73-310.  Application form.

  The application for a license to carry a concealed handgun shall be completed, under oath, on a form promulgated by the Director of the Department of Arkansas State Police and shall include only:

   (1) The name, address, place and date of birth, race, and sex of the applicant;

   (2) The driver's license number or social security number of the applicant;

   (3) Any previous address of the applicant for the two (2) years preceding the date of the application;

   (4) A statement that the applicant is in compliance with criteria contained within §§ 5-73-308(a) and 5-73-309;

   (5) A statement that the applicant has been furnished a copy of this subchapter and is acquainted with the truth and understanding of this subchapter;

   (6) A conspicuous warning that the application is executed under oath, and that a knowingly false answer to any question or the knowing submission of any false document by the applicant subjects the applicant to:

      (A) Criminal prosecution and precludes any future license's being issued to the applicant; and

      (B) Immediate revocation if the license has already been issued;

   (7) A statement that the applicant desires a legal means to carry a concealed handgun to defend himself or herself;

   (8)  (A) A statement of whether the applicant is applying for:

         (i) An unrestricted license, that allows the person to carry any handgun; or

         (ii) A restricted license, that allows the person to carry any handgun other than a semiautomatic handgun.

      (B)  (i) An applicant requesting an unrestricted license shall establish proficiency in the use of a semiautomatic handgun.

         (ii) An applicant requesting a restricted license shall establish proficiency in the use of a handgun and may use any kind of handgun when establishing proficiency; and

   (9) A statement of whether or not the applicant has been found guilty of a crime of violence or domestic abuse.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 5; 1999, No. 786, § 1.





5-73-311.  Application procedure.

  (a) The applicant for a license to carry a concealed handgun shall submit the following to the Department of Arkansas State Police:

   (1) A completed application, as described in § 5-73-310;

   (2) A nonrefundable license fee of one hundred dollars ($100);

   (3)  (A) A full set of fingerprints of the applicant.

      (B) In the event a legible set of fingerprints, as determined by the department and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Director of the Department of Arkansas State Police shall determine eligibility in accordance with criteria that the department shall establish by promulgating rules.

      (C) Costs for processing the set of fingerprints as required in subdivision (a)(3)(A) of this section shall be borne by the applicant;

   (4)  (A) A waiver authorizing the department access to any medical, criminal, or other records concerning the applicant and permitting access to all of the applicant's criminal records.

      (B) If a check of the applicant's criminal records uncovers any unresolved felony arrests over ten (10) years old, then the applicant shall obtain a letter of reference from the county sheriff, prosecuting attorney, or circuit judge of the county where the applicant resides that states that to the best of the county sheriff's, prosecuting attorney's, or circuit judge's knowledge that the applicant is of good character and free of any felony convictions.

      (C) The department shall maintain the confidentiality of the medical, criminal, or other records; and

   (5) A digital photograph of the applicant or a release authorization to obtain a digital photograph of the applicant from another source.

(b)  (1) Upon receipt of the items listed in subsection (a) of this section, the department shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing.

   (2)  (A) The department shall forward a notice of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence.

      (B)  (i) The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may participate, at his or her discretion, in the process by submitting a voluntary report to the department containing any readily discoverable information that he or she feels may be pertinent to the licensing of any applicant.

         (ii) The reporting under subdivision (b)(2)(B)(i) of this section shall be made within thirty (30) days after the date the notice of the application was sent by the department.

(c) A concealed handgun license issued, renewed, or obtained under § 5-73-314 or § 5-73-319 after December 31, 2007, shall bear a digital photograph of the licensee.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 9; 1997, No. 1251, § 1; 1999, No. 487, § 1; 2007, No. 664, § 4; 2009, No. 748, § 42.





5-73-312.  Revocation.

  (a)  (1) A license to carry a concealed handgun issued under this subchapter shall be revoked if the licensee becomes ineligible under the criteria set forth in § 5-73-308(a) or § 5-73-309.

   (2)  (A) Any law enforcement officer making an arrest of a licensee for a violation of this subchapter or any other statutory violation that requires revocation of a license to carry a concealed handgun shall confiscate the license and forward it to the Director of the Department of Arkansas State Police.

      (B) The license shall be held until a determination of the charge is finalized, with the appropriate disposition of the license after the determination.

(b) When the Department of Arkansas State Police receives notification from any law enforcement agency or court that a licensee has been found guilty or has pleaded guilty or nolo contendere to any crime involving the use of a weapon, the license issued under this subchapter is immediately revoked.

(c) The director shall revoke the license of any licensee who has pleaded guilty or nolo contendere to or been found guilty of an alcohol-related offense committed while carrying a handgun.

HISTORY: Acts 1995, No. 411, §§ 2, 4, 5; 1995, No. 419, §§ 2, 4, 5; 1997, No. 1239, § 11; 2003, No. 545, § 4; 2007, No. 827, § 101.





5-73-313.  Expiration and renewal.

  (a) Except as provided in subdivision (f)(1) of this section, the licensee may renew his or her license no more than ninety (90) days prior to the expiration date by submitting to the Department of Arkansas State Police:

   (1) A renewal form prescribed by the department;

   (2) A verified statement that the licensee remains qualified pursuant to the criteria specified in §§ 5-73-308(a) and 5-73-309;

   (3) A renewal fee of thirty-five dollars ($35.00);

   (4) A certification or training form properly completed by the licensee's training instructor reflecting that the licensee's training was conducted; and

   (5) A digital photograph of the licensee or a release authorization to obtain a digital photograph of the licensee from another source.

(b) The license shall be renewed upon receipt of the completed renewal application, a digital photograph of the licensee, and appropriate payment of fees subject to a background investigation conducted pursuant to this subchapter that did not reveal any disqualifying offense or unresolved arrest that would disqualify a licensee under this subchapter.

(c) Additionally, a licensee who fails to file a renewal application on or before the expiration date shall renew his or her license by paying a late fee of fifteen dollars ($15.00).

(d)  (1) No license shall be renewed six (6) months or more after its expiration date, and the license is deemed to be permanently expired.

   (2)  (A) A person whose license has been permanently expired may reapply for licensure.

      (B) An application for licensure and fees pursuant to §§ 5-73-308(a), 5-73-309, and 5-73-311(a) shall be submitted, and a new background investigation shall be conducted.

(e) A new criminal background investigation shall be conducted when an applicant applies for renewal of a license. Costs for processing a new background check shall be paid by the applicant.

(f)  (1) An active duty member of the armed forces of the United States, a member of the National Guard, or a member of a reserve component of the armed forces of the United States, who is on active duty outside this state may renew his or her license within thirty (30) days after the person returns to this state by submitting to the department:

      (A) Proof of assignment outside of this state on the expiration date of the license; and

      (B) The items listed in subdivisions (a)(1)-(5) of this section.

   (2) Subsections (c) and (d) of this section shall not apply to a person who renews his or her license under subdivision (f)(1) of this section.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, §§ 6, 12; 1999, No. 487, § 2; 2003, No. 545, § 2; 2005, No. 881, § 1; 2007, No. 664, § 5.





5-73-314.  Lost or destroyed license -- Change of address.

  (a) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license or handgun lost or disposed of, the licensee shall notify the Director of the Department of Arkansas State Police in writing of the change or loss or disposition.

(b) If a concealed handgun license is lost or destroyed, the person to whom the license was issued shall comply with the provisions of subsection (a) of this section and may obtain a duplicate license or substitute license upon:

   (1) Payment to the Department of Arkansas State Police of a fee established by the director under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and

   (2) Furnishing a notarized statement to the department that the handgun or license has been lost or disposed of.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2.






5-73-315.  Possession of license -- Identification of licensee.

  (a) Any licensee possessing a valid license issued pursuant to this subchapter may carry a concealed handgun.

(b) The licensee shall:

   (1) Carry the license, together with valid identification, at any time when the licensee is carrying a concealed handgun; and

   (2) Display both the license and proper identification upon demand by a law enforcement officer.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 2007, No. 827, § 102.





5-73-316.  Fees.

  Any fee collected by the Department of Arkansas State Police pursuant to this subchapter shall be deposited into the Department of Arkansas State Police Fund.

HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2.





5-73-317.  Rules and regulations.

  The Director of the Department of Arkansas State Police may promulgate rules and regulations to permit the efficient administration of this subchapter.

HISTORY: Acts 1995, No. 411, § 8; 1995, No. 419, § 8.






5-73-318.  Instructor review of applications.

  (a) An instructor authorized to conduct a training course required by this subchapter shall check the application of a student for completeness, accuracy, and legibility.

(b) An instructor who repeatedly fails to comply with subsection (a) of this section may have his or her license to conduct a training course revoked.

HISTORY: Acts 1997, No. 1239, § 7.





5-73-319.  Transfer of a license to Arkansas.

  (a) Any person who becomes a resident of Arkansas who has a valid license to carry a concealed handgun issued by a reciprocal state may apply to transfer his or her license to Arkansas by submitting the following to the Department of Arkansas State Police:

   (1) The person's current reciprocal state license;

   (2) Two (2) properly completed fingerprint cards;

   (3) A nonrefundable license fee of thirty-five dollars ($35.00);

   (4) Any fee charged by a state or federal agency for a criminal history check; and

   (5) A digital photograph of the person or a release authorization to obtain a digital photograph of the person from another source.

(b) After July 31, 2007, the newly transferred license is valid for a period of five (5) years from the date of issuance and binds the holder to all Arkansas laws and regulations regarding the carrying of the concealed handgun.

HISTORY: Acts 2003, No. 545, § 3; 2007, No. 664, § 26; 2007, No. 1014, § 2.





5-73-320.  License for certain members of the Arkansas National Guard or a reserve component or active duty military personnel.

  (a) The Department of Arkansas State Police may issue a license under this subchapter to a person who:

   (1) Is currently serving as a federally recognized commissioned or noncommissioned officer of the National Guard or a reserve component of the armed forces of the United States or an active duty member of the armed forces of the United States;

   (2) Submits the following documents:

      (A) A completed concealed handgun license application as prescribed by the department;

      (B) A form specified by the Director of the Department of Arkansas State Police reflecting the fingerprints of the soldier or airman;

      (C) A dated letter personally signed by a commanding officer or his or her designee stating that the soldier or airman:

         (i) Is a current member of the National Guard or a reserve component of the armed forces of the United States or an active duty member of the armed forces of the United States;

         (ii) Is of good character and sound judgment;

         (iii) Is not disqualified by state or federal law from possessing a firearm;

         (iv) Has met the military qualification requirements for issuance and operation of a handgun within one (1) year of the application date; and

         (v) Has been a resident of the State of Arkansas for the ninety-day period preceding the application date according to the military and pay records of the soldier or airman;

      (D) A copy of the military range qualification score card signed and dated within one (1) year of the application date by a range officer or noncommissioned officer in charge of the range; and

      (E) A copy of the face or photograph side of a current United States Uniformed Services military identification card for a member of the armed forces; and

   (3) Submits any required application fee.

(b)  (1) After July 31, 2007, a license issued under this section expires five (5) years from the date of issuance or upon the expiration date of the military identification card of the soldier or airman, whichever occurs first.

   (2)  (A) A license issued under this section is renewable for a period of five (5) years under the provisions of § 5-73-313 upon satisfaction of the requirements described in subsection (a) of this section.

      (B) After December 31, 2007, a license issued under this section is required to bear a digital photograph of the soldier or airman.

(c) Except as otherwise specifically stated in this section, the license issued under this section is subject to the provisions of this subchapter and any rules promulgated under § 5-73-317.

HISTORY: Acts 2005, No. 1868, § 1; 2007, No. 664, § 7; 2007, No. 1014, § 3.






5-73-321.  Recognition of other states' licenses.

  (a) A person in possession of a valid license to carry a concealed handgun issued to the person by another state is entitled to the privileges and subject to the restrictions prescribed by this subchapter if the state that issued the license to carry a concealed handgun recognizes a license to carry a concealed handgun issued under this subchapter.

(b) The Director of the Department of Arkansas State Police shall:

   (1) Make a determination as to which states' licenses to carry concealed handguns will be recognized in Arkansas and provide that list to every law enforcement agency within the state; and

   (2) Revise the list from time to time and provide the revised list to every law enforcement agency in this state.


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