New York City Guns archive
Category : Police & Thieves

Mexico orders immediate release of Marine veteran Arrested for concealed carry

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Published on: November 1, 2014

A Mexican judge on Friday ordered the immediate release of a jailed U.S. Marine veteran who spent eight months behind bars for crossing the border with loaded guns.

The judge called for retired Marine Sgt. Andrew Tahmooressi (Tah-mor-EE-si) to be freed because of his mental state and did not make a determination on the illegal arms charges against the Afghanistan veteran diagnosed with post-traumatic stress disorder, according to a Mexican official who had knowledge of the ruling but was not authorized to give his name.

Tahmooressi has said he took a wrong turn on a California freeway that funneled him into a Tijuana port of entry with no way to turn back. His detention brought calls for his freedom from U.S. politicians, veterans groups and social media campaigns.

 

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New York City Pays $7,500 to Falsely Arrested Knife Owner! (NYC Anti-Knife Regime Will Fall SOON)

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Published on: November 1, 2014

he City of New York has agreed to pay $7,500 to a falsely arrested knife owner in a Knife Rights supported case. The embarrassing settlement shows that the city would rather pay than try to justify its illegal conduct after police declared his knife an illegal “gravity knife” even though the blade did not lock open. The knife owner (a sculptor who uses a knife for his work) was arrested, handcuffed, booked, and placed in a holding cell like a common criminal.

“New York City’s outrageous persecution of those with common pocket knives must end. This is just one of thousands of similar outrageous excesses by the City and DA. Knife Rights will continue to fight these unconstitutional abuses by the City until we win” said Doug Ritter, Chairman of Knife Rights.

The settlement results from the City’s particularly egregious mistreatment of law-abiding knife owner Jonathan W. (name withheld at his request). Jonathan was carrying a Spyderco UK Pen Knife with a non-locking blade in New York City when he was arrested for possession of an illegal “gravity knife.” After considerable effort the charges in the case were dismissed and Knife Rights then referred Jonathan to attorney Richard Holzberg of Ernest Holzberg and Associates. Holszberg recently obtained a settlement of $7,500.00 for Jonathan’s wrongful arrest, incarceration and malicious prosecution for carrying a pocket knife that was New York City legal, even considering the City’s continued unconstitutional application of state law against owners of common folding knives.

While Jonathan was smoking a hand-rolled cigarette on a sidewalk in Manhattan, he was approached by a police officer who asked what he was smoking. While informing the officer that his cigarette was merely tobacco, the officer noticed a knife clipped into his front pants pocket. The officer demanded to see the knife and, without concern, Jonathan handed it to the officer, explaining that it was a legal pocket knife that complied with all New York City regulations and its unique interpretation of state law (under 4-inch blade and doesn’t lock open). He knew this because he had researched the New York knife laws prior to buying the Spyderco UK Pen Knife (a non-locking slip-joint folder).

According to Jonathan, the officer unsuccessfully attempted to open the knife several times using a so-called “wrist-flick.” He then opened the knife blade halfway with two hands and finally managed to flick it open from there. At that point, even though the knife clearly couldn’t be opened with only a wrist-flick and, and even more to the point, had no locking mechanism, the latter a key element of the state gravity knife definition, the officer placed Jonathan under arrest for illegal possession of a “gravity knife,” handcuffing him in public before taking him to the precinct for processing . (Jonathan could have been given a ticket for carrying the knife clipped to his pocket, which is a violation of a city ordinance, but that is not normally an arrestable offense, more like a jaywalking ticket, and the officer did not do so.)

At the precinct Jonathan was was forced to go through the humiliating booking process like a common criminal and was then placed in a holding cell for over an hour before he was finally given a Desk Appearance Ticket with a court date.

Over the course of the next five months Jonathan had to appear in criminal court on three separate occasions with the threat of up to a year in jail hanging over his head each time. On each occasion, the District Attorney assigned to the case and even his own Legal Aid lawyer kept trying to convince Jonathan to plead guilty, even though he had not committed a crime. Wisely, he refused, and ultimately with the help of an expert witness he proved his knife was legal and the District Attorney voluntarily dismissed the case against him.

Subsequently, Jonathan was referred by Knife Rights to attorney Holzberg to pursue a claim against the City of New York and the NYPD for false arrest and malicious prosecution. After nearly six months of litigation, Holzberg was able to negotiate a favorable settlement of $7,500 for Johnathan.

If you believe you have been falsely arrested in New York City for possession of an illegal knife as Jonathan was, or for any reason, you must act quickly! A false arrest claim against NYC must be filed within 90 days of the arrest or you may be legally barred from filing a false arrest claim. It may well be useful to speak with an attorney who specializes in false arrest claims before your underlying criminal case is resolved, because a conviction may preclude you from filing a viable false arrest claim.

A claim for false arrest, false imprisonment or malicious prosecution can be made even if you did not suffer any physical injury. You may have a stronger case if you were subjected to racial profiling, unconstitutional searches or other illegal conduct. (NOTE that under current local court interpretation, the successful “wrist flick” test on a lock-blade folding knife is generally considered proof of the knife being an illegal gravity knife in New York City, which is the issue of law in our federal civil rights lawsuit.)

Knife Rights appreciates the assistance of Ernest Holzberg and Associates in this matter. Richard Holzberg is a knife enthusiast (we first met him at the East Coast Custom Knife Show a few years ago) and is willing to assist in any similar false arrest cases in New York City. Such cases are handled on a contingency basis and if they do not recover compensation for you, you do not owe any attorney fees. As with all Knife Rights attorney referrals, there is no charge for a consultation. Contact information at: www.holzbergnyinjurylaw.com

Knife Rights’ fight to stop the persecution of knife owners in New York City and to prevent this from spreading to other cities will continue. Click here to read the latest news on Knife Rights’ Federal civil rights lawsuit against New York City and District Attorney Cyrus Vance, Jr.

Please support this lawsuit with a tax-deductible charitable contribution to the Knife Rights Foundation

WARNING: New York City has interpreted the state law against gravity knives such that if an officer can “wrist flick” the knife blade open, or alleges that the knife might be able to be opened in such a manner, and the knife blade locks open, that knife is an illegal gravity knife. NYC takes this position even if it requires multiple tries and use of exaggerated arm thrust or motion. Using this interpretation, most any lockblade knife might be deemed an illegal gravity knife.

Note also that New York City administrative code has an under-4-inch length limit and requires knives be carried concealed. Knife Rights recommends that you never carry your knife clipped to your pocket in New York City. Even when covered by a jacket, simply moving the jacket aside to get to a wallet has been enough to get folks arrested. Always ensure your knife is completely concealed at all times, including not “printing” on the outside of your clothing. In addition, be extremely circumspect about using a knife for any purpose in a public setting.

Report: Darren Wilson Expected to be ‘Eased Out’ of Police Department (Fire the Victim!)

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Published on: October 30, 2014

Ferguson police officer Darren Wilson is reportedly expected to be “eased out” of the department.

A source tells MSNBC that Wilson – who fatally shot Michael Brown that touched off months of protests – will be “eased out” of the Ferguson Police Department and might resign. The report also stated Chief Thomas Jackson would resign, but the department said that is not true.

“Ferguson Chief says he has not resigned, he has not been told to resign. He has not been fired. If he leaves, it will be his choice alone,” the department posted on Twitter.

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NYC Muslim Ax Jihadist Wanted White People to ‘Pay for All That Slavery’

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Published on: October 27, 2014

Further information has been established about New York City ax attacker Zale Thompson, suggesting that the man who tried to kill two police officers was a left-wing radical who hated white people, in addition to possessing well-documented Islamist sympathies and being a recent convert to the faith.

According to the hatchet man’s father, Zale Thompson specifically targeted the officers because they were white.

Thompson, 32, struck officers Kenneth Healey and Joseph Meeker, both ethnically white, in the back of the head and the arm with a hatchet.

“He wanted white people to pay for all that slavery and all that racism,” Thompson’s father told the New York Post Saturday. “I think he committed suicide — and he was taking one of y’all [white people] with him.”

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Law Lets I.R.S. Seize Accounts on Suspicion, No Crime Required

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Published on: October 27, 2014

For almost 40 years, Carole Hinders has dished out Mexican specialties at her modest cash-only restaurant. For just as long, she deposited the earnings at a small bank branch a block away — until last year, when two tax agents knocked on her door and informed her that they had seized her checking account, almost $33,000.

The Internal Revenue Service agents did not accuse Ms. Hinders of money laundering or cheating on her taxes — in fact, she has not been charged with any crime. Instead, the money was seized solely because she had deposited less than $10,000 at a time, which they viewed as an attempt to avoid triggering a required government report.

“How can this happen?” Ms. Hinders said in a recent interview. “Who takes your money before they prove that you’ve done anything wrong with it?”

The federal government does.

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Muslim Ottawa Gunman Used an Old Lever Action Rifle, Not a Semi-Automatic, Not an ‘Assault Weapon’

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Published on: October 26, 2014

When recent Islamic convert Michael Zehif-Bibeau carried out the October 22 terror attack in Ottawa he used a lever action 30-30 rifle, not an “assault weapon.”

To be specific, he used a Winchester Model 94 30-30–one of the oldest and most recognizable guns in of all North America, if not the world.

The Model 94 holds 7 rounds–8 if you have one chambered–and is not a semi-automatic firearm (the lever on the gun has to be manually cocked between each shot).

CBCNews Canada reports that Zehif-Bibeau fired three shots at the War Memorial before he even entered Parliament. Of those three, two were fired at Cpl. Nathan Cirillo and one at the other soldier who was also serving “in the honor guard.” This left him with 5 shots maximum.

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Woman Posts Yard Sign to “Out” Neighbor as Concealed Carry Licensee (NOT Satire)

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Published on: October 25, 2014

Few of the anti-gun movement’s positions are as self-defeating and mean-spirited as the impulse to “out” others for the choices they make about their Second Amendment rights. Most of them try to justify prying into this private activity under the mismatched rubric of the “public’s right to know,” as if private individuals become public figures merely for the exercise of a fundamental right. In recent years, newspapers have published databases of Right-to-Carry and pistol permit holders, feigning interest in “public safety.” Yet their true motivations were more candidly illustrated recently by the comments of D.C. Councilmembers at a public hearing on D.C.’s new concealed carrying permitting law. “Who cares about the confidentiality of a gun owner? We don’t want it … ,” Councilwoman Yvette Alexander said, arguing to make permit holder information public. Fellow Council member David Grosso — who also expressed his preference for “no guns at all” in the District — concurred: “[A]t least we’ll all know who it is, and we can treat them differently ….”

In fact, such tactics are so counterproductive to public safety that even law enforcement officials from anti-gun jurisdictions have opposed the release of gun owner data, including most recently District of Columbia Police Chief Cathy Lanier. Making the anti-gunner’s hypocrisy even more transparent, they claim on the one hand to support stringent storage requirements and “lost or stolen” reporting mandates in order to diminish the effects of firearm theft. Yet at the same time, they call for making firearm ownership or licensing information public, in effect providing criminals with a roadmap of which homes do (and presumably don’t) contain guns, so they can plan their predations accordingly.

Now, according to ABC affiliate KAAL-TV, Kimberly Edson of Savage, Minn., has taken the impulse to “expose” gun owners in her community to a disturbingly personal level. When Edson discovered that Matthew Halleck, a former Parent Teacher Student Association president and father of two, drops his children off at school while lawfully carrying a concealed firearm, she sprang into action.

Edson initially called the police to report that Halleck was carrying a firearm near the school, but was enlightened by law enforcement officials that Halleck was well within his rights. The officious Edson then responded by surreptitiously taking a photo of Halleck walking with his child, blowing it up to poster-size, and crudely pasting it on a yard sign displayed in her front lawn. The photo is accompanied by a caption that states: “This man carries a loaded gun around your children every day.”

When interviewed by KAAL, Edson justified her actions by stating, “Since we don’t have a way to stop him, we felt it was important to notify the neighborhood and the parents that there is an armed man in their presence.” Displaying a narcissistic disregard for the rights and choices of others in a pluralist society, Edson added, “I have a responsibility to help create the kind of community I want to see.”

Edson’s professed concerns are particularly absurd when one considers how unremarkable Halleck’s actions are. According to census data, along with right-to-carry permit statistics from the Minnesota Department of Public Safety, on average, nearly one out of every 20 Minnesotans over the age of 21 is licensed to carry a concealed firearm.

Further, the elementary school in question is located in a densely populated residential neighborhood. Polling data suggests, meanwhile, that nearly half of American homes contain firearms, so several of the homes in the neighborhood surrounding the school likely contain firearms as well. Additional data showing “Personal safety/Protection” as the number one reason for Americans to own guns suggests that some of those firearms might even be loaded and ready for immediate use.

Edson could, of course, be strikingly ignorant (or willfully in denial) of the prevalence and purpose of lawful gun ownership in America. On the other hand, her actions could also simply lay bare a virulent bigotry towards gun owners devoid of any rational basis or legitimate concern for the safety of children.

As for Halleck, he hasn’t let Edson’s bizarre and un-neighborly behavior alter how he protects himself and his children. When interviewed by KAAL, Halleck called Edson’s sign “ludicrous.” Regarding the public debate over the choice to carry a firearm, he stated, “If it heightens the awareness for folks out there that are confident enough, and see the changes in the world to add an extra layer of protection, I encourage people to do it.”

Members of Congress Ask Inspectors General of DOJ, FDIC to Investigate Operation Chokepoint

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Published on: October 25, 2014

Coalitions of congressional representatives have issued letters over the past two Thursdays requesting internal investigators at the Department of Justice (DOJ) and Federal Deposit Insurance Corporation (FDIC) to examine Operation Choke Point (OPC) and any officials and staff involved in the program.

The effort, led by Rep. Blaine Luetkemeyer (R-Mo.), characterizes Operation Choke Point as “a DOJ-initiated effort that aims to force businesses, many of which are licensed and legally-operating, out of the financial service space and therefore, out of business.” Its targets include firearm and ammunition manufacturers and retailers.

Referencing the findings of a report by the House Oversight and Government Reform Committee (which we reported on here), the letters charge DOJ with an “egregious abuse of power.” Specifically, they claim that the agency has exceeded its mandate and authority under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), the claimed basis for OPC. “There is no doubt in our minds,” the letters state, that FDIC and DOJ officials “have abused their authority” to advance personal and political agendas.

The first letter was sent on October 16 to Michael Horowitz, DOJ Inspector General, and Robin Ashton, counsel for DOJ’s Office of Professional Responsibility. It details evidence that DOJ officials, despite representations to Congress that OPC was focused on combating consumer fraud, knew the program was “forcing legally-operating businesses out of the financial services space.” The letter even quotes one DOJ lawyer as referring to this outcome as a “collateral benefit” of the program. It also refers to DOJ documents obtained by Congress that indicate senior staff had informed the attorney general himself that OPC was having a detrimental impact on legitimate businesses and causing banks to drop entire lines of business.

The second letter, sent on Thursday to FDIC acting inspector general Fred W. Givens , suggests that FDIC’s involvement in the operation conflicts with its “primary mission” to “protect the safety and soundness of our nation’s financial institutions.” This is because the operation forces “legitimate customers from banks, causing not only damage to those customers but also driving revenue from the banks themselves.”

The letter goes on to detail FDIC’s “troubling” connection to OPC through a list of “high risk merchants and activities” that the chief of FDIC’s Division of Risk Management Supervision claimed in a presentation to the Federal Financial Institutions Examination Council warranted “heightened scrutiny.” Such merchant categories included those engaged in firearm and ammunition sales. The letter recounts that FDIC provided no explanation to congressional investigators for the bases on which the businesses were listed or why illegal activities, such as Ponzi Schemes, were listed alongside legitimate businesses such as firearm sales and coin dealing. “It is beyond worrisome,” the letter states, “that DOJ’s radical interpretation and application of FIRREA … has been coordinated through and reinforced by FDIC staff.”

Thursday’s letter additionally explains how testimony provided by FDIC general counsel Richard J. Osterman at a July hearing of the House Financial Services Committee conflicted with correspondence from an FDIC regional director. Contrary to Osterman’s statements at the hearing insisting that the FDIC was not pressuring banks to sever relationships with disfavored types of merchants, the regional director’s correspondence stated that FDIC condemns relationships with specific industries. Additional evidence obtained by congressional investigators, according to Thursday’s letter, “clearly indicates that specific industries are targeted by Operation Choke Point” with “the assistance of FDIC examiners and senior officials.” The letter therefore concludes that “Congress has received false testimony from a senior FDIC official.”

Both letters ask the officials to whom they are addressed to keep Congress informed of their investigative efforts, to the extent possible. They also state that if the signatories do not hear from the investigators by November 12, 2014, they expect to meet with them in person to “directly express [their] concerns.”

The October letters are merely the latest attempts by members of Congress to shed light on and curb the abuses of Operation Choke Point. The NRA heartily supports these efforts and thanks the Rep. Luetkemeyer and his fellow signatories for pressing for answers on yet another scandal that continues to taint DOJ, even as attorney general Eric Holder prepares to exit his post.

MO police stock up on riot gear ahead of grand jury decision

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Published on: October 24, 2014

Missouri police have been brushing up on constitutional rights and stocking up on riot gear to prepare for a grand jury’s decision about whether to charge a white police officer who fatally shot a black 18-year-old in suburban St. Louis.

The preparations are aimed at avoiding a renewed outbreak of violence during the potentially large demonstrations that could follow an announcement of whether Ferguson police officer Darren Wilson will face a criminal trial for the Aug. 9 death of Michael Brown.

Police and protesters have repeatedly clashed since the shooting, which prompted a national conversation about race and police tactics. Images of officers in riot gear and armored vehicles confronting protesters have drawn widespread criticism.

Many protesters want Wilson indicted for murder. Grand jury proceedings are secret, but legal analysts say recently leaked information about Wilson’s testimony to investigators may be an attempt to prepare the public for the possibility that he might not be charged.

The decision could be made public within the next month.

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Here’s A Map Of Where The NYC Ebola Patient Went…

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Published on: October 24, 2014

Screen Shot 2014 10 24 at 15.59.43

Craig Spencer, a 33-year-old doctor, is the first person found to have Ebola in New York City.

Since Spencer was rushed to Manhattan’s Bellevue Hospital on Thursday, immediately after showing symptoms, health officials have been retracing his steps and working to identify anyone the patient may have come into contact with since returning to the United States from Guinea on Oct. 17.

As a member of Doctors Without Borders, Spencer had been treating Ebola patients in Guinea, one of the three West African countries hit hardest by the Ebola epidemic.

At a news conference on Thursday night, Mayor Bill de Blasio urged New Yorkers not be alarmed.

Ebola patients cannot spread the virus until they begin showing symptoms. Ebola is transmitted only through contact with an infected person’s blood or other bodily fluids, and not through casual contact.

NYPD Hatchet Attacker May Have Been ISIS Supporter

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Published on: October 24, 2014

NYPD hatchet ATTACK isis007

The hatchet-wielding man who attacked four New York Police Department officers earlier today and was then shot dead by police may have had ties to ISIS, sources tell Vocativ.

Law enforcement sources we spoke with identified Zale Thompson as the armed man who charged at a group of NYPD uniformed police assembled on a street corner in Jamaica, Queens, at around 2 p.m. today. The 32-year-old Muslim, who lived in Queens, struck one of the officers in the back of the head with his hatchet and gashed another on the arm, the police said.

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Grandfather is Shot, but Shoots 3 of 3 Home Invaders Who Tried to Rape His Granddaughter, Killing 1

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Published on: October 24, 2014

thesups

Unfortunately, in this case our hero was shot multiple times and had to be airlifted to a nearby hospital where is in serious condition. However, his actions are nothing short of amazingly heroic.

A man who said he was having trouble with his car convinced Kenneth Byrd, age 67, to open his door. His wife and 19 year old granddaughter were at home at the time.

That was all the opportunity the three man home invasion crew needed. The trio burst into the home, guns drawn and threatened the residents.

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Good Guy with a Gun Ended Terror Attack on Canadian Parliament

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Published on: October 23, 2014

On October 22, recent Islamic convert Michael Zehif-Bibeau shot and killed a Canadian Forces reservist, then went into Parliament Hill with rifle in hand, but the carnage that could have followed was prevented when a good guy with a gun–Sergeant-at-Arms Kevin Vickers–shot and killed the attacker.

According to the Toronto Sun, Zehif-Bibeau was “just outside the Parliamentary library” and therefore close to reaching the MPs when Vickers stopped the attack. Reuters reports that the attacker was a mere 60 feet away from the MPs when Vickers intervened.

Vickers’ role as Sergeant-at-Arms is largely ceremonial. However, he is a 29-year veteran of the Royal Canadian Mounted Police, according to the National Post, and his training and experience appear to have come into play exactly when they were needed.

The Sydney Morning Herald quotes Canadian Veterans Affairs Minister Julian Fantino as saying: “[Vickers] did a great job and, from what I know, shot the gunman.”

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Judicial Watch Obtains List of Fast and Furious Documents Held Under Obama’s Executive Privilege

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Published on: October 23, 2014

Late last night the Department of Justice complied with a court order and turned over a list to government watchdog Judicial Watch , known as a Vaughn Index, of Fast and Furious documents being held from Congress and the American people under President Obama’s assertion of executive privilege. Not surprisingly, DOJ failed to fully comply with the requirements of providing a Vaughn Index.

The Vaughn index explains 15,662 documents. Typically, a Vaughn index must: (1) identify each record withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption. The Vaughn index arguably fails to provide all of this required information but does provide plenty of interesting information for a public kept in the dark for years about the Fast and Furious scandal.

Regardless, the list of documents shows Obama asserted executive privilege to protect Attorney General Eric Holder’s wife and to protect information showing Holder helped to craft talking points during the fallout of the scandal.

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Emergency Agencies Practice Response To Nuclear Explosion In Times Square

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Published on: October 22, 2014

The New York City region’s emergency agencies are practicing for a disaster.

The city’s Office of Emergency Management ran a training exercise Wednesday that simulated a response to a 10-kiloton nuclear device exploding at 42nd Street and Seventh Avenue in Times Square, WCBS 880’s Rich Lamb reported.

According to the exercise, 100,000 people were instantly killed; a wave of overpressure took down buildings for a half-mile radius and did damage for up to two miles; and a radiation cloud swept over the region.

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