Inoculation

It is often said that one of the best ways to inoculate people against the gun prohibitionists is to take them shooting.

Yesterday evening I took the Complementary Spouse’s brother-in-law and nephew shooting at the Top Gun Shooting Sports in Arnold, Missouri. Scott may have shot a couple of times when he was a boy but not since. Grant is your typical 14-year old who is into skateboards, video games, and YouTube. Grant had shot an airsoft gun but never a true firearm. He had been asking his dad if they could go shooting sometime.

After dinner, we trekked over to Top Gun which is one of the nicer indoor ranges and shops that I’ve ever visited. I brought a Ruger 10/22 and a Ruger Mk II target pistol, hearing protection, and safety glasses.

Grant with the Ruger 10/22

I started Grant out with just one round in the carbine. He was a little worried about the recoil but I assured him that with a .22 it is very light. He later said he was both excited and a little scared. I’d say he handled it very well – his first shot was in the bulls-eye of the target. We progressed from there to multiple rounds and he did just fine. I had sent him a YouTube video with the Four Rules and he had watched it beforehand. He did well on the safety aspect as well.

Scott with the Ruger Mk II pistol

I started out Scott in a similar manner to Grant and he did equally well. One of the best moments from the evening was when Grant turned to his dad and said, “This is fun!” Scott agreed.

Grant shooting the Ruger Mk II

We spent about an hour and a half at the range. Actually they had to shoo us out as they wanted to close up. When we got home, Grant told his 12-year old sister all about it and said she needs to go. Next time I think we’ll have two lanes and two more new shooters!

Taking a new shooter out is one of the best things we as gunnies can do. Tom Gresham always talks about it on GunTalk and he is right. When some anti tells them guns are evil and only meant to kill, they will know better. I think if we all commit to taking just one new person shooting a year and making it a fun experience, it will be the best insurance we could have in protecting our Second Amendment freedoms.

Mini-Blogger Meet In St. Louis

Kurt Hofmann, the St. Louis Gun Rights Examiner, and I had our own little “blogger meet” today in southern Illinois. We met for lunch in Edwardsville which is home to Southern Illinois University-Edwardsville. It is also the county seat of Madison County which is also famous – or infamous depending on your inclinations – for the number of class-action lawsuits that have been filed in its courts.

It was nice to finally meet Kurt in person as we had corresponded for many months and I have been reading his columns for a while now. He arrived wearing his brand-new Project Gunwalker T-shirt which will make his fellow 82nd Airborne alumnus Sean Sorrentino very happy. Mine is waiting for me at the Post Office.

We talked about a number of things including deer hunting in Illinois versus North Carolina, shooting, politics, families, the prospects for concealed carry in Illinois, etc. And, of course, we discussed the latest House Oversight and Government Reform Committee hearings on Operation Fast and Furious (aka Project Gunwalker). I think we were both amazed at how poorly William Newell presented himself in the hearings drawing even exasperated comments from Ranking Minority Member Elijah Cummings.

While discussing the region’s indoor shooting ranges, Kurt told me an amusing story of how he took out a target pulley system with his .500 S&W Magnum snubby(damn!). Kurt shoots from a lower position due to being in a wheelchair. The angle this time turned out just right for his bullet to clip the cable and sever it. Ooops! Still, anyone who can handle a .500 S&W Magnum snubby is more than OK in my book.

As long as Kurt is up for it, I think these lunches will be a regular thing when I come out to the St. Louis area. If there are other gun bloggers who would like to join us, please let me know. We may even be able to arrange a blogger shoot on the other side of the river in the free state of Missouri.

CalGuns Sues Merced County Sheriff Over CCW Policies

The CalGuns Foundation is doing a great job in keeping California sheriffs honest when it comes to concealed carry law in that state. They have just filed a suit in Merced County against the county, the sheriffs department, and Sheriff Mark Pazin for the additional requirements that Sheriff Pazin imposes on CCW applicants. CalGuns alleges these additional requirements contravene California state law.

I think it is safe to say that other counties in California may expect such lawsuits if they try to skirt the state law on concealed carry.

FOUNDATION SUES MERCED COUNTY, SHERIFF MARK PAZIN OVER UNLAWFUL FIREARM CARRY LICENSE APPLICATION POLICIES

San Carlos, CA (July 27, 2011) – As part of its ongoing Carry License Compliance and Sunshine Initiative, the Calguns Foundation has filed a lawsuit in Merced County Superior Court challenging Merced County and its Sheriff’s firearm carry licensing policy for violating state law. Joining CGF are three individual plaintiffs who have been harmed by these policies, Michelle and Seth Rossow and James Clark. The plaintiffs are represented by Jason Davis of Mission Viejo and Donald Kilmer of San Jose.

California firearm carry license laws currently require applicants to have “good cause” and “good moral character.” The Calguns Foundation believes that those requirements are an unconstitutional prior restraint on the people’s right to bear arms, and is challenging those requirements in its Federal lawsuit over Yolo County’s carry licensing scheme in Richards v. Prieto, currently on appeal to the Ninth Circuit Court of Appeals in San Francisco.

However, in Merced County, the Sheriff saddles applicants with additional forms, fees, and processes – even for individuals who meet the heightened good cause and moral character requirements – that, CGF alleges, violate state law.

“Sheriff Pazin has had ample time to create a policy that adheres to state law,” said Brandon Combs, a director of CGF and leader of the Initiative. Calguns Foundation first contacted Merced in October of 2010, when it discovered that the Sheriff had established an unlawful moratorium on carry license applications. The Sheriff subsequently lifted the moratorium, but has since refused to modify parts of his policy that CGF identified as unlawful.

“This case is definitely important to all Merced County residents who seek a carry license,” added CGF chairman Gene Hoffman. “What Sheriff Pazin has done is further burden a process that’s already costly and complex with unlawful requirements and fees. We are merely requesting the court mandate that the Sheriff’s policy be consistent with existing law.”

In 1999, California enacted Assembly Bill 2022 to enforce standards upon the carry licensing process. “The Legislature, in AB 2022, sought to address the arbitrary and widely-varying abuses in carry license policies between different cities and counties in California,” said Jason Davis. “They made it clear that application requirements, forms, and fees are to be uniform throughout the state.”

“When we found out my wife was about to become a new mom,” said plaintiff Seth Rossow, “we knew we needed to take steps to protect our family when we weren’t in our home. We’ve had problems with meth users hiding at our ranch, and we watch the news like everybody else. In this day of budget cuts and reduced law enforcement patrols, it is important for us to be able to easily apply for our carry licenses.”

“The Rossow’s concerns for their safety are not unique,” added Don Kilmer. “California created a system that was designed so that applicants could focus on important issues, like training, rather than worry about a local form the Sheriff might or might not want them to fill out that day.”

“Ultimately, this case is about making carry license policies consistent with California law,” said Gene Hoffman. “We believe that we can accomplish this without 58 lawsuits, but if that’s what it requires, that’s what we are prepared to do.”

A downloadable copy of the complaint may be found at CGF’s downloads library. More information on Calguns Foundation’s Carry License Compliance and Sunshine Initiative and other Second Amendment-related litigation and educational efforts can be found at www.calgunsfoundation.org.

– Posted using BlogPress from my iPhone

Report – Demand Letters On Multi-Rifle Sales To Start August 14th

Alan Korwin, who publishes a number of books on gun laws in the states, is reporting that August 14th is the start date for the demand letters from ATF to Southwestern FFLs. In an email alert sent out on Monday night (July 25th), he reports:

According to four BATFE agents familiar with the planned Fast and Furious
gun-smuggling “fix,” the bureau plans to release a “demand letter” by the
end of this week, insisting that gun dealers in the four Mexico-border
states begin reporting multiple rifle sales to the bureau.

All multiple rifle sales made to the same buyer within a five-day period
will have to be reported beginning on August 14, on a form to be announced,
according to the agents.
The order will exclude rifles in .22 caliber, and
rifles without detachable magazines. The agents acknowledged that
congressional action, lawsuits, an injunction or other court orders might
forestall the implementation of the hastily concocted scheme. Such
preventive measures are already underway.

The rumored executive order to require gun dealers in California, Arizona,
New Mexico and Texas to begin reporting multiple rifle sales to BATFE will
not be issued. A previous Page Nine report that referred to the expected EO
now appears incorrect. It is possible that the uproar over the program
caused the administration to change its approach, and put all the heat on
BATFE to “enact” law without Congress. The EO was widely reported and
anticipated.

An exhaustive examination of statutory authority under which BATFE is
required to operate revealed no legitimate power to demand these records,
though the agents claimed they do have authority (two younger ones said
they have no control over the process, and were simply following along).
When questioned if they would consider resigning if asked to implement an
illegally introduced rule, the agents all either declined to answer or said
no, they would not resign.

Because a buyer will have to be identified to show that the sales reflect
purchase by one person, the record collections will be a gun registry tied
to gun ownership, which is strictly forbidden under federal law. No
requirement to destroy these records exists, since no authority to collect
the records exists. The BATFE agents said they would not be keeping the
records, because they “lack authority,” but could not identify a time frame
in which the registry information would be destroyed, or any audit trail.

When pressed, the senior official identified a statute that supposedly
conveyed authority for the daring plan. The citation is to 18 USC
§923(g)(5)(A)
which states:

“Each licensee shall, when required by letter issued by the Attorney
General, and until notified to the contrary in writing by the Attorney
General, submit on a form specified by the Attorney General, for periods
and at the times specified in such letter, all record information required
to be kept by this chapter or such lesser record information as the
Attorney General in such letter may specify.”

This does not confer the needed authority, because “all record information
required to be kept by this chapter” does not include multiple sales of
long guns to the same person in a five-day period. The agent disagreed. In
fact, Congress specifically excluded such information when it enacted, by
due process, a statute requiring similar information for handguns in the
same law, in 18 USC §923(g)(3)(A):

“Each licensee shall prepare a report of multiple sales or other
dispositions whenever the licensee sells or otherwise disposes of, at one
time or during any five consecutive business days, two or more pistols, or
revolvers, or any combination of pistols and revolvers totalling two or
more, to an unlicensed person.”

In addition to the creation of this illegal reporting requirement, illegal
gun-owner registry, with unknown details and no public control over the
rule-making process, it amounts to record keeping specifically banned under
the Firearm Owners Protection Act, 18 USC §926(a)(2):

“No such rule or regulation prescribed after the date of the enactment of
the Firearms Owners Protection Act [5/19/86] may require that records
required to be maintained under this chapter or any portion of the contents
of such records, be recorded at or transferred to a facility owned,
managed, or controlled by the United States or any State or any political
subdivision thereof, nor that any system of registration of firearms,
firearms owners, or firearms transactions or disposition be established.”

Like so many laws the federal government writes, this one declares that
these acts cannot legally be done, but provides no specific punishment for
perpetrators, such as those running this scheme inside BATFE. Laws could be
written with teeth, to control bureaucrats. Instead of saying, “No one may
collect this information,” the law could say, “Anyone who collects this
information shall go to prison and pay a fine.” Given the common abuses now
prevalent in government, such laws have been needed for a long time, on a
state and local level as well as federally, some legislators say. Any
legislator unwilling to draft laws that way, allowing “officials” to do
whatever they please without consequence, deserve to be removed from
office, according to leading experts.

VPC Claims Mini-14 Is “Poor Man’s Assault Rifle”

In the wake of revelations that the deranged killer in Norway used a Ruger Mini-14, the Violence Policy Center has released a “report” calling the Mini-14 the “poor man’s assault rifle.” This term came from “Assault Pistols, Rifles and Submachine Guns” – an old, out-of-date book (published in 1986) – by Duncan Long

The MRSP for the base model of the Ruger Mini-14 is $881. The price for the model they feature in the “report” is $921. Street prices for these rifles are still in the upper $600 range. Those are U.S. prices. I imagine it is much higher priced in Europe.
The Violence Policy Center then goes into exhaustive detail from the deranged killer’s 1500 page manifesto about why he went with the Ruger Mini-14. They, of course, call it a “militarized weapon” which can defeat body armor and are easily available in the United States. Mind you, the deranged killer was Norwegian and bought his rifle under the extremely strict Norwegian gun control laws.

Again, it is the implement that the gun prohibitionists blame and not the killer. Nowhere on their site do I see anything about the killer’s access to fertilizer with which he constructed a car bomb that killed 7 people.

This “research” is typical of VPC. They use obscure books and articles to condemn the firearm, quote extensively from a deranged man’s “manifesto”, and, by doing so, give him the publicity he so desparately was seeking.

Newell, White House Staffer Discused Fast And Furious

In an article on today’s hearings into Operation Fast and Furious, CBS’s Sharyl Attkisson has this update on William Newell’s testimony.

Update, 2:40 p.m.: The special agent in charge of the Phoenix ATF office during gunwalking scandal, Bill Newell, testified early this afternoon that he discussed the program with a White House staffer.

Newell said he talked to his friend, Kevin O’Reilly, who is listed the White House’s Director for North America at the National Security Council.

This is, to my knowledge, the first direct indication that at least one staffer in the White House was aware of Operation Fast and Furious. There is no way to know currently whether he passed this information to others on the NSC or up the chain to the President’s office.

With every revelation in Project Gunwalker, it just keeps getting more and more interesting.

UPDATE: David Codrea examines the significance of the NSC’s Director for North America being in the loop about Project Gunwalker here.

What’s evident from today’s exchange is Issa’s committee has some degree of access to past Newell/O’Reilly email correspondence. How much is one question. Where following up on what they have will lead—and how high up—is another, and the most important one of all.

William Newell Is Full Of It

I just read over the prepared testimony of former ATF SAC of Phoenix Field Division William Newell. To put it bluntly, it is full of self-serving bullshit.

On Brian Terry’s death:

The death of Border Patrol Agent Brian Terry is one I will mourn for the rest of my life, as I do for all those brave heroes who have taken up the badge to serve and protect and then made the ultimate sacrifice. I express my deepest condolences to the Terry family and may our Heavenly Father bless him and the Terry family through these very difficult times.

On the lack of “tools” to combat gun trafficking:

Firearms trafficking investigations are not always easy to conduct for a variety of reasons including the lack of a Federal statute that specifically prohibits firearms trafficking related activity; 1 the fact that firearms unless altered in some way are not, in and of themselves, contraband; the lack of adequate punishment for “straw” purchasers thus impacting our ability to identify the leadership of the criminal organization; and the limited resources at our disposal.

On gunwalking:

One, it was not the purpose of the investigation to permit the transportation of firearms into Mexico and to the best of my knowledge none of the suspects in this case was ever witnessed by our agents crossing the border with firearms.

 On keeping ATF Agents in Mexico informed on Operation Fast and Furious:

From the beginning of this investigation in late 2009 to the first indictments in January of 2011 I made every reasonable effort to keep the Phoenix PGR representative and my ATF colleagues in Mexico briefed on this investigation. I am also aware of numerous discussions throughout this investigation between the agents working this case with their ATF peers in Mexico, dialogue which I encouraged. In addition, and in conjunction with our Mexico Country Office, I extended an invitation for Mexican Federal prosecutors to participate in briefings in order to provide them with essential facts of the case. I was determined that if and when we ever identified the key decision makers of the criminal organization, most likely cartel members in Mexico, that we would be fully supportive of providing this information to our Mexican counterparts in order for them to pursue criminal charges there.

Testimony of former ATF Attache Darren Gil

Darren Gil is delivering this prepared statement currently before the House Oversight and Government Reform Committee.

Statement of Darren D. Gil, Former ATF Attaché to Mexico

Hearing before the House Committee on Oversight and Government Reform
July 26, 2011

Thank you, Chairman Issa, Ranking Member Cummings and members of the
Committee for inviting me to participate in this important hearing regarding the serious ATF matter known as “Operation Fast and Furious.”

First, I would like to offer my sincere condolences to the families of Agents Brian
Terry and Jaime Zapata. I am deeply sorry for their loss, and for the grief that this illconceived operation may have caused. Also, I would like to thank ICE special agent Victor Avila for his services and sacrifices in fighting the narco‐violence in Mexico and along the border. I can only imagine the horror of helplessly watching a brother law enforcement officer die in the line of duty.

In addition, as the former head of the ATF contingent in Mexico, I would like to
apologize to my former Mexican law enforcement counterparts and to the Mexican people for Operation Fast and Furious. I hope they understand that this operation was kept secret from most of ATF, including me and my colleagues in Mexico. Unfortunately, as a result of this operation, it is the Mexican people who will continue to suffer the consequences of narco‐related firearms violence. I have no doubt, as recent media reports have indicated, that American citizens will also be exposed to more firearms‐related violence as a result of this operation.

I am grateful for the opportunity to be here today and would like to provide the
Committee with a brief description of my background. I received a Bachelors degree in Criminology from the University of Maryland, a Masters degree in Criminal Justice from the University Alabama, and am currently completing my dissertation at the University of Southern Mississippi, focusing on international affairs and security studies. I have been in service to our nation since my enlistment in the U.S. Army in 1980. After my tour in the Army, I joined the Las Vegas Metropolitan Police Department, where I served until I received my commission as an ATF Special Agent in 1987. I then served for 23 years in various positions in ATF, including intelligence assignments and as Attaché to Mexico, until I retired in December 2010.

I chose ATF for my career because it was a small organization with a focused
mission that I found appealing: combating the most violent offenders in America. During my first 12 years as a field agent, I participated in, or directed investigations that targeted the worst of the worst. For the remainder of my career, I supervised, managed and led agents who conducted similar investigations. Throughout my career at ATF, not once, never, did firearms “walk” from any investigations I directed or which fell under my command. This includes my service as ATF Attaché in Mexico. Put bluntly, it is inconceivable in my mind, or the mind of any competent ATF Special Agent, to allow firearms to disappear at all. Furthermore, it is even more inconceivable that a competent ATF Special Agent would allow firearms to cross an international border, knowing that they are ultimately destined for the hands of the “worst of the worst” criminals in the Western Hemisphere.

I recall my first days at the ATF academy, where it was drilled into us as new agents that under no circumstances would any firearms, in any investigation, leave the control of ATF. Instructors stressed that even if a weapon was lost “by accident,” the agent was still subject to termination. Even today, if an agent loses their ATF‐issued firearms, they are subject to termination. My point is that ATF agents don’t allow ‐ and ATF as an organization historically has not tolerated ‐ the notion that firearms could simply disappear. Yet, that apparently is what was allowed to happen here.

In early 2011 after retiring from ATF, I started receiving inquires from former ATF
colleagues, including Senior Special Agents Vince Cefalu and Jay Dobyns, as well as from numerous media organizations. They all wanted to know whether I was aware that ATF had allowed firearms to walk into Mexico. I advised my former colleagues that I was not aware, but refused to speak with the media without a complete understanding of the issue. After talking with several ATF agents in the field and at headquarters, I became convinced that firearms might have been walked into Mexico by ATF. Thankfully, Congress and the media continued to investigate the matter and Operation Fast and Furious began to receive greater notoriety. Nonetheless, I remained reluctant to speak out about what I had come to suspect since retiring from ATF, but was never told, about this operation. After discussions with my former staff in Mexico and employees at ATF Headquarters, I learned that ATF executive staff would not make statements exonerating my former staff in Mexico
of any knowledge of the gun walking aspects of this operation. Out of a desire to set the record straight and protect my colleagues in Mexico, it was only then that I decided to speak to the media. My understanding is that my initial interview with Sharyl Atkinson of CBS News did have some calming effect on relations between the Government of Mexico and ATF personnel assigned to Mexico. To this day, I do not understand the failure of the ATF executive staff to provide their own support in this matter to ATF personnel serving in Mexico.

During my dissertation research I came across a study that provided some insight
into how an operation like Fast and Furious could arise and be supported. Interestingly enough, it is titled The Waco, Texas, ATF Raid and Challenger Launch Decision: Management, Judgment and the Knowledge Analytic by Terence Garret (2001). The paper could have substituted “Operation Fast and Furious” for “Waco, Texas, ATF Raid” in the title and the study’s conclusions would have been the same: namely, poor management, poor judgment and poor leadership resulted in disaster. Operation Fast and Furious, as I have come to understand it, is indeed a disaster.

I know the Committee has asked me to testify and to answer questions today, which
I look forward to doing. But, I also have a few questions of my own which I hope this committee may someday be able to answer. For example, who actually presented this operation for implementation? What was the objective? My staff in Mexico was already working with the Government of Mexico in tracing thousands of cartel‐related firearms recovered from crime scenes that had been smuggled into Mexico illegally. Why the need to introduce even more firearms into a country being besieged by narco‐ violence? Also, what supervisor approved this plan? Who thought this was a good idea? Why did the ATF leadership in Washington fail to exercise oversight of this disaster? And, why were ATF personnel in Mexico kept in the dark on this operation, which has now imperiled trust and cooperation between U.S. and Mexican law enforcement at a time when that trust and cooperation is more essential than ever?

During my tenure in Mexico, I observed firsthand the extraordinary changes
occurring in that country. Mexico is indeed working towards improvements in the rule of law, a transition to an adversarial court system, and improvement of their police forces. The heads of the agencies leading these changes for Mexico are some of the bravest people I have ever met. As a result of their leadership and implementation of change, they become marked targets by the Mexican Drug Organizations. I find it grotesquely ironic that as representatives of United States law enforcement in Mexico, my staff and I were asked to expose ourselves and our families to the same sort of risk while speaking to our Mexican counterparts of integrity, rule of law, honor and duty in policing. Meanwhile, members of our own ATF and Department of Justice for whatever reason, appear to have refused to follow the same principles.

As a career ATF Special Agent, I believe in the mission and the people of ATF. ATF is an organization that constantly operates under political and budgetary constraints. Despite these constraints, the men and women of ATF go to work around the world every day with a strong sense of mission and duty. I hope that once all the facts are known about this operation and whatever necessary managerial changes are made in response to it, that ATF will emerge a stronger, more effective organization and that it will continue to focus on its core mission: taking the worst of the worst armed violent offenders off the streets in America.

Again, thank you Mr. Chairman and members of the committee for inviting me to
testify today. I would be happy to answer any questions you may have.

Preview Of Today’s Hearing On Fast And Furious

The House Oversight and Government Reform Committee has released a staff report this morning on the impact of Fast and Furious on Mexico. It gives a preview of the hearings that start at 10am. The key points include the fact that there was little information sharing between ATF in Mexico and Phoenix, that Assistant Attorney General Lanny Breuer was “in the loop”, and that ATF agents in Mexico were furious when they found out the full extent of the gunwalking.

ATF Officials in Mexico Denied Access to Information by U.S. Counterparts about Reckless Strategy that Allowed Guns to Fall Into the Hands of Mexican Drug Cartels

Issa, Grassley release staff report focusing on impact of Operation Fast and Furious on Mexico

WASHINGTON – Findings in a second staff report released by Representative Darrell Issa and Senator Chuck Grassley show that ATF officials based in the United States Embassy in Mexico City were increasingly worried about the alarming rate of guns found in violent crimes in Mexico from a single ATF operation based out of the ATF’s Phoenix Field Division. Issa is Chairman of the House Oversight and Government Reform Committee and Grassley is Ranking Member of the Senate Judiciary Committee.

“The consequences of arming Mexican drug cartels seem obvious. But even guns turning up at crime scenes in Mexico wasn’t enough for Justice Department officials to arrest straw purchasers and shut down their trafficking operations. Tragically, it wasn’t until Fast and Furious guns were found at the murder scene of a Border Patrol Agent that Justice officials finally ended this reckless and arrogant effort,” said Issa.

“It’s incomprehensible that officials at the Justice Department, the ATF and the U.S. attorney’s office would keep their counterparts at the U.S. embassy in Mexico City in the dark about Operation Fast and Furious. Keeping key details secret while straw purchasers continued buying weapons for gun traffickers jeopardized our relationship with our southern ally and put lives at risk,” Grassley said.

The report released today outlines several important findings, including:

• There was little to no information sharing from the Phoenix Field Division, ATF Headquarters and the Justice Department to their colleagues in Mexico City. Every time Mexico City officials asked about the mysterious investigation, their U.S. based ATF counterparts in Phoenix and Washington, D.C. continued to say they were “working on it” and “everything was under control.”

• Lanny Breuer, the Assistant Attorney General for the Criminal Division at the Justice Department, was clearly aware of Operation Fast and Furious and touted the case during a visit to Mexico.

• ATF officials in Mexico City were incredulous that their agency would knowingly allow guns to fall into the hands of Mexican drug cartels, and they were incensed when they finally began to learn the full scope of Operation Fast and Furious and the investigative techniques used.

Issa and Grassley are leading a congressional inquiry into the ill-advised strategy known as Operation Fast and Furious.

David Codrea has uploaded the full staff report to Scribd and I have embedded it below. You can also download the PDF here. In his National Gun Rights Examiner column, David notes that the ATF attache called the program a “perfect storm of idiocy.” How true.

ATF Mexico Report
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