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View Poll Results: Should Juvenile Criminal record be visible to NICS
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Yes
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110 |
85.94% |
NO
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14.06% |
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05-27-2022, 10:31 AM
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Should Juvenile criminal records be visible to NICS
I wonder because I saw this on Fox News this morning..couldn't find it again on Fox but DailyMail had it..it seems that they are always a step ahead of everyone else.
Texas Rep. Tony Gonzales says Uvalde gunman was arrested FOUR YEARS ago after telling people he planned to 'shoot up a school once he's a senior in 2022.
Texas Rep Tony Gonzalez: Uvalde gunman was arrested 4 years ago for threatening to shoot up school | Daily Mail Online
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05-27-2022, 10:47 AM
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I would say that it depends on what the child was in for.
Fights, drugs and gun related acts should go on record, which could
move on to bigger problems down the line.
Parents neglect or worse, is not put into most cases but............
it is one major problem that can light the fuse..................
and raising children with good moral structures is not happening in a lot
of the cases that turn badly, today.
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05-27-2022, 10:54 AM
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Quote:
Originally Posted by Save Ferrous!
Would an arrest but no guilty verdict matter for either a child or adult?
You could be arrested any time for an accusation that turns out to not be true. Should that come up when a check is performed?
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A lot of "Guilty" get off with a good lawer or...........
if the LE people mess up and don't dot their "I's" and cross their "T's".
It is too bad that the old law of an eye for an eye, is not not on the books any more.
Our legal system has gotten way too soft.
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05-27-2022, 11:05 AM
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I voted no. I am aware of a young man who had an assault charge at age 16 from throwing a punch when 3 others were shoving him around. Bozeman PD hands out assault charges like lollipops, IMO.
I would say yes to gang activity, assault with weapons, B&E and felony theft.
I would like a dollar for every ticked off youth that told a person in authority they were going to harm them. I would not like to fund any agency assigned to follow through on those threats.
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05-27-2022, 11:25 AM
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Quote:
Originally Posted by Save Ferrous!
Would an arrest but no guilty verdict matter for either a child or adult?
You could be arrested any time for an accusation that turns out to not be true. Should that come up when a check is performed?
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All of we citizens are being accused of terrorism these days.
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05-27-2022, 11:39 AM
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Back in the day; it was quite common to offer problem kids a choice go to Juve or join the Military.
I truly believe the military helped a lot of kids, it provided structure and taught them one would be held accountable for their actions.
I would like to see this come back.
However, if I understand correctly the military does not want problem kids so it is not done anymore.
We should go to mandatory military service like many other countries for both male and female.
When discharged they could use the GI Bill and go to school with the Gov. paying for it, thus reducing the number of folks with education debt.
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Last edited by martyd; 05-27-2022 at 11:44 AM.
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05-27-2022, 12:26 PM
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Military service can be helpful in putting some kids on a better path. But the old "go to jail or the join the Army" deal? As a veteran I oppose turning the military into some kind of reform school.
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05-27-2022, 01:42 PM
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Uvalde Leader News 042918
Here’s the news story about the prior arrest.
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05-27-2022, 01:44 PM
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The troubled juveniles of today are much more violent than the troubled juveniles of the 30 years ago.
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05-27-2022, 01:47 PM
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Quote:
Originally Posted by yaktamer
Military service can be helpful in putting some kids on a better path. But the old "go to jail or the join the Army" deal? As a veteran I oppose turning the military into some kind of reform school.
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I agree 100%. I don't want a bunch of convicts in "My" Army (Which it really isn't any more).
To answer the main question, I would seal your juvenile records when you turn 18 but if you're convicted of a crime as an adult your juvenile record becomes available to police and the courts.
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Last edited by Smoke; 05-27-2022 at 02:06 PM.
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05-27-2022, 04:02 PM
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It depends. The kids who make use of the juvenile system and progress should be able to clean up their record. Recidivists? Nope.
I say this as a prosecutor who has spent years working in and around the juvenile system. A sound answer has to be nuanced, not a one size fits none response.
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05-27-2022, 06:03 PM
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After 32 years in law enforcement, much of it dealing with people who had been in trouble, serious trouble, since childhood I came up with a method which was never approved. In my method if little Johnny committed a crime as a juvenile it could be sealed, unless he committed another crime. When that occurred his entire record would be public information and would remain with him for life. First offense was almost always "first apprehension". Not the first time little Johnny did wrong. I cannot tell you the number of times I have seen little Johnny come to his first time as an adult with a "clean record" because his juvenile record was sealed and the sealed record would make a hardened professional criminal blush.
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05-27-2022, 06:05 PM
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Quote:
Originally Posted by Nevada Ed
A lot of "Guilty" get off with a good lawer or...........
if the LE people mess up and don't dot their "I's" and cross their "T's".
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If a LEO messes up one word on a search warrant it will make it useless in a court of law.
I know this from experience.
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05-27-2022, 07:18 PM
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Quote:
Originally Posted by martyd
Back in the day; it was quite common to offer problem kids a choice go to Juve or join the Military.
I truly believe the military helped a lot of kids, it provided structure and taught them one would be held accountable for their actions.
I would like to see this come back.
However, if I understand correctly the military does not want problem kids so it is not done anymore.
We should go to mandatory military service like many other countries for both male and female.
When discharged they could use the GI Bill and go to school with the Gov. paying for it, thus reducing the number of folks with education debt.
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Take in the problem children? Thank you, no. Every individual is different, but parking the problem children in the military is a recipe for inefficiency, bad morale, and unneeded trouble. Could it help some? Perhaps… but the NJP / Article 15 / admin discharge process is sloooow, and a two-year problem child can wait it out, and get benefits they don’t deserve.
No. Nope.
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05-27-2022, 07:29 PM
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Only Felony "convictions", not just arrests.
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05-27-2022, 07:47 PM
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Remember Ethan Couch aka Affluenza Teen?
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05-27-2022, 08:09 PM
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The record at NICS would not be public-just FBI and dealer. Dealer should not know the details though.
I would add, only convicted felonies. Not truancy
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05-27-2022, 08:17 PM
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Quote:
Originally Posted by Smoke
To answer the main question, I would seal your juvenile records when you turn 18 but if you're convicted of a crime as an adult your juvenile record becomes available to police and the courts.
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It is. So I guess we’re done here . . .
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05-27-2022, 08:19 PM
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Quote:
Originally Posted by len917
The record at NICS would not be public-just FBI and dealer. Dealer should not know the details though.
I would add, only convicted felonies. Not truancy
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You can’t be convicted of a felony as a juvenile. A juvenile can be certified as an adult, and then convicted of a felony, which becomes a disqualifying record for purposes of NICS . . .
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05-27-2022, 11:05 PM
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Yes if they could "flag" them for further review if they try to buy a gun when they become an adult.
If they have violent conduct or drug offences they should be ineligible to have a gun under current law.
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05-27-2022, 11:30 PM
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I can tell you stories that will curdle your blood. From my time as JCO. Some of them are blood thirsty psychos. Schools are esp. good at covering up for them.
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05-28-2022, 11:03 AM
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In my state, as part of the state process for purchasing handguns, an " offense as a juvenile that would have been prohibiting as an adult " bars them from purchasing ( and de facto possesing) until turning age 30 .
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05-28-2022, 05:15 PM
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I have known too many district attorneys who look at hanging assault and sex charges on juveniles as sport. I am totally against unsealing juvenile records.
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05-28-2022, 07:40 PM
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The details of what counts as a "conviction" vary by state, and this is even more true of juvenile offenders. Due to a shortage in our office, I may be heading back to handling juvenile offender matters for a while.
Sealing at 18 is ill-advised, for most offenders. That is the law here now, and it has been a dismal failure for many reasons. It should be earned by a period of crime free life, after which the offense record can be vacated/expunged and sealed. As for filing serious cases on kids for "sport", while I am sure that there are prosecutors who have done so, they are not of my tribe and I have no idea where they get time for it. That's putting aside the mandates of law and legal ethics about the need for a factual basis for filing a charge, along with a reasonable belief about the likelihood conviction. I have seen cases where I am pretty sure the suspect did it, but I also knew that proving it was not going to happen. The cases were not filed.
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05-28-2022, 07:44 PM
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Violent felonies should be available. Just my two cents.
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05-29-2022, 06:16 PM
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Quote:
Originally Posted by martyd
Back in the day; it was quite common to offer problem kids a choice go to Juve or join the Military.
I truly believe the military helped a lot of kids, it provided structure and taught them one would be held accountable for their actions.
I would like to see this come back.
However, if I understand correctly the military does not want problem kids so it is not done anymore.
We should go to mandatory military service like many other countries for both male and female.
When discharged they could use the GI Bill and go to school with the Gov. paying for it, thus reducing the number of folks with education debt.
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I used to whole heartedly agree with this. Still do to an extent that I believe national service should be a requirement. But I was reminded by a buddy from the service of this:
"Would you want to share a fighting hole with one of these (individuals) in a combat? "
That caused me to rethink my position on a lot of it.
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05-29-2022, 06:21 PM
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In response to this thread.
It would depend on the crime involved.
If a low/mid level misdemeanor, then records are sealed.
If an upper level misdemenor or felony, then yes. They should be "on the books" for life.
A lot of juveniles these days are just as hardened as the most hardened criminal. Keeping records open and not just to NCIC should, I would hope, keep a lot of the populace afer in the long run.
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05-29-2022, 06:22 PM
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I believe there should be a time limit. Lets say a kid does some stuff before 18, then starts to grow up and has no legal run ins for 5 years. Wipe it. If he continues to be a problem they stick.
I had a bunch of minor stuff as a kid. Nothing serious, went into the USMC and learned some discipline and how to deal.
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05-29-2022, 08:42 PM
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Quote:
Originally Posted by Muss Muggins
It is. So I guess we’re done here . . .
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I'm so glad you're here to educate all of us lesser beings
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05-29-2022, 09:04 PM
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Had a friend( passed last year) that was several years older than I. Back in late 50’s he got into some trouble, wen to court and the judge gave him the option, US Army or jail. Jack went in the Army, spent his time and turned out fine, had a huge CW collection when he passed.
When I was in basic in 71 there were a few guys that were in same boat. Basic and the military in general was much tougher back then, you “ made it” or you got recycled until you did.
Shorts and tennis shoes for PT, you got to be kidding me….
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05-30-2022, 05:36 PM
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Quote:
Originally Posted by S42N8
Take in the problem children? Thank you, no. Every individual is different, but parking the problem children in the military is a recipe for inefficiency, bad morale, and unneeded trouble. Could it help some? Perhaps… but the NJP / Article 15 / admin discharge process is sloooow, and a two-year problem child can wait it out, and get benefits they don’t deserve.
No. Nope.
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In my day the Marine Corps had lots of problem "children" But, it was not a kinder gentler Marine Corps. You either got with the program or went to either the infirmary or the brig and it that didn't work you got a dishonorable or a BCD and I noticed it didn't take 2 years either. In those days things like Brig time and UA time did not count off your enlistment either.
Besides as Chesty Puller said, take me to the Brig and show me some real Marines.
Last edited by steelslaver; 05-30-2022 at 05:39 PM.
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05-31-2022, 03:15 AM
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I voted yes but I do have limitations. I would say only gun charge convictions should be seen by NICS, not the entire record. Anything else would go against their rights as a juvenile. No matter how useful, we can't trash anyone's rights. This is the USA, not a dictatorship.
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05-31-2022, 08:11 AM
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This may help a little. Here's the pertinent MO statute:
Quote:
Originally Posted by RSMO 211.271
No adjudication by the juvenile court upon the status of a child shall be deemed a conviction nor shall the adjudication operate to impose any of the civil disabilities ordinarily resulting from conviction nor shall the child be found guilty or be deemed a criminal by reason of the adjudication.
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Link to the statute:
Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 211.271
A juvenile adjudication is not a conviction for purposes of depriving an adult of the various civil rights associated with an adult conviction. Without knowing, I'ma guess most states have similar considerations. For an adjudication to be considered a conviction for purposes of a NICS check, a lot of laws would have to be changed, including the manner in which a juvenile adjudication is conducted. Further, many juvenile offenses are "status" offenses. They're only an offense because of the perpetrator's status as a juvenile, and some might involve guns that don't arise to a criminal charge. I doubt there's a change to this bedrock principal of American jurisprudence in our future. As Archangel mentions, we have laws and rights, and they're not to be trashed lightly . . .
Missouri, again I'ma guess along with most other states, also has a vehicle for certifying a juvenile as an adult for some crimes. Those convictions become a matter of public record, and can be used for the same purposes as an adult convicted of the same crime, including a NICS check.
Quote:
Originally Posted by ArchAngelCD
I voted yes but I do have limitations. I would say only gun charge convictions should be seen by NICS, not the entire record. Anything else would go against their rights as a juvenile. No matter how useful, we can't trash anyone's rights. This is the USA, not a dictatorship.
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05-31-2022, 10:26 AM
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I voted yes, but I have reservations.
Petty stuff that is often part of growing up, no.
However, I have heard that gangs tend to use their juvenile members to do their dirty work as they get off much lighter if caught. Drugs, assault or anything that involves violence, yes. I'd also include anything that may involve mental or anger issues.
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05-31-2022, 10:43 AM
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A first time buyer of any firearm should need to consent and give permission for their juvenile records to be opened.
Also a firearms safety course and mental test might be required for new ownership.
A questionnaire filled out by parents/guardians about whether the 18-21 year old should own a rifle/shotgun.
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05-31-2022, 11:24 AM
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I voted no but would have voted for a "depends on crime" category.
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05-31-2022, 11:35 AM
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I voted yes but the one condition I would have to put out there is any violent crimes only not just felonies. 18 is a vacuous age. I knew an 11-year-old that was as violent as any 18 yr old. I mean super scary. I know a guy who shot someone at 17 and they plead down to assault and battery. Luckily, he learned from his mistakes. He owns quite a few firearms
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05-31-2022, 11:42 AM
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In the Garden of Good and Evil
I suggest and I am all for Juvenile Records be
accessible.
My observation of kids, by age three, they know
what is right or wrong.
Heck, basically now a days information is wide
open and can be found in many legal or illegal
ways.
Social Media also can reveil many items
about anybody too. So why not.
Didn’t hire someone once because of what
was found on Social Media, and the job
was very well paying.
The Truth is Out There!
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05-31-2022, 04:36 PM
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Quote:
Originally Posted by StakeOut
A first time buyer of any firearm should need to consent and give permission for their juvenile records to be opened.
Also a firearms safety course and mental test might be required for new ownership.
A questionnaire filled out by parents/guardians about whether the 18-21 year old should own a rifle/shotgun.
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Interesting, what other civil liberties would you ad a mental health test and a juvenile criminal records check as well as parental consent to?
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05-31-2022, 04:44 PM
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If I understand how it works the only people who can access your juvenile criminal record is the police, the courts or a probation/parole officer. They're not available to the general public.
Assuming the above is true I would make any conviction (or adjudication or finding or whatever the proper term is) that would be a bar to firearms ownership available to NCIS.
Actions have consequences. Some of those consequences follow you forever.
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05-31-2022, 04:57 PM
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If the record contains violent crimes or theft of firearms and items like that, yes. Minor discretions, no.
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Why duck?? It's a 9mm!
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Posting Rules
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