), C.R.S. Many of those arrested were charged with Possession of a Weapon by a Previous Offender a felony cased upon their past convictions. A class 5 felony, possession of a weapon by a previous offender carries: To help you better understand the law, our Denver Colorado criminal defense lawyersdiscuss, below: It is a Colorado felony for convicted felons to have a firearm. ), C.R.S. However, given the criminal histories thus far. page 5 Although many more offenders are admitted to Federal prison for drug offenses than for weapons offenses, from 1985 to 1992 the rate of in-crease in admissions of weapons of-fenders was 4 times greater than the rate of increase of drug . your free consultation. 18-12-113 (Failure to report a lost or stolen firearm - exception,)C.R.S. 18-12-403 (Record - failure to make - penalty.)C.R.S. sec. ), C.R.S. 13-14.5-105 (Hearings on petition-ground for order issuance.)C.R.S. That means they need to prove beyond a reasonable doubt that the accused knew about the weapon and had control of the weapon. Possession of a weapon by a previous offender is a Colorado class 5 felony. Temporary extreme risk protection orders, 13-14.5-104. ), C.R.S. ), C.R.S. (4) (a) Except as otherwise provided by paragraphs (b) and (c) of this subsection (4), a person commits a class 6 felony if the person violates subsection (3) of this section. Generally, however, defending against POWPO charges involves demonstrating that the accused did not knowingly possess the weapon in question. March 1, 2022. https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-12-108/, Read this complete Colorado Revised Statutes Title 18. Petition for extreme risk protection order, 13-14.5-105. 18-12-105.5 (Unlawfully carrying a weapon-unlawful possession of weapons-school, college, or university grounds.)C.R.S. 13-14.5-107 (Termination or renewal of protection orders. as defined in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article 12 subsequent What are the elements of a POWPO charge? Possession of a Weapon By a Previous Offender (POWPO). Minors and legal adults who have been convicted of a felony offense, including attempted felonies and conspiracy to commit a felony, will typically be previous offenders in the realm of POWPO charges. (6)(a) Upon the discharge of any inmate from the custody of the department of corrections, 18-6-803.5. 18-7-107. Disposition of seized personal property, Article 22. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). 18-12-112 (Private firearms transfers - background check required - penalty - definitions. The lawyer you have on your side can make all of the difference in how you are able to stand up to the prosecutions caseand how you are able to resolve the charges. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 18-4-412 (Theft of medical records or medical information - penalty - definitions.)C.R.S. CRIME 2023-03-01T08:00:00.0000000Z. This class 5 felony occurs when a convicted felon knowingly possesses, uses or carries a firearm or other prohibited weapon. and last updated 11:00 PM, Mar 11, 2022. 13-14-110 (Foreign protection orders. Cordova was arrested on this warrant on September 14, 2021. Cite this article: FindLaw.com - Colorado Revised Statutes Title 18. 921 (a)(33)(A), or subsequent to the person's conviction for attempt or conspiracy to commit such Quinton Tre Simpson age 21, 5 feet, 9 inches tall, 140 pounds, with brown hair and brown eyes, sought on suspicion of kidnapping, attempted murder, possession of weapon by previous offender . 21-271), 346, eff. 18-12-105.6 (Limitation on local ordinances regarding firearms in private vehicles. The measure, House Bill 1298, was hailed as a way to prevent bloodshed and keep weapons out of the hands of dangerous and potentially unstable people. Possession of handguns by juveniles--prohibited--exceptions--penalty, 18-12-111. (National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration), C.R.S. 33-6-125 (Possession of loaded firearm in a motor vehicle)C.R.S. Criminal possession of an identification document, 18-5-904. Child support guidelines--purpose--determination of income--schedule of basic child support obligations--adjustments to basic child support--additional guidelines--child support commission--definitions, 14-10-116. (Note: This summary applies to this bill as introduced.). Possession of weapons by previous offenders . Colorado may have more current or accurate information. Evaluation and reports--disclosure, 14-10-129. You can explore additional available newsletters here. Following the incident, a district court judge in Pueblo County signed a warrant for the defendant's arrest for violations of Colorado law, including illegal discharge of a firearm, possession of a weapon by a previous offender, and violation of a restraining order. 27-65-107 (Mental health - Certification for short-term treatment-procedure), C.R.S. We do not handle any of the following cases: And we do not handle any cases outside of California. Criminal possession of a financial device, 18-5-903.5. But the legislature and Gov. Under current law, it is illegal for someone to possess a firearm if the person was convicted of or adjudicated for certain felonies. The alteration means that only felons convicted of a crime that falls under the Victims Rights Act are now prohibited from possessing a gun. Punishments can include 1 to 3 years in a Colorado State Prison, $1,000 to $100,000 in fines, and 2 years of mandatory parole. Possession of identity theft tools, Article 6. Wiretapping prohibited - penalty, 18-9-304. Commencement of proceedings concerning allocation of parental responsibilities--jurisdiction--automatic temporary injunction--enforcement--definition, 14-10-123.3. Service of protection orders, 13-14.5-107. 2023-03-01T08:00:00.0000000Z. They are current or retired law enforcement officers: Colorado law has an exemption that lets current and retired law enforcement carry concealed, loaded firearms in vehicles (and other areas). . 13-14.5-102 (Definitions.)C.R.S. (d) The act of providing the written advisement described in this subsection (6) or the failure to provide such advisement may not be used as a defense to any crime charged and may not provide any basis for collateral attack on, or for appellate relief concerning, any conviction. 13-14.5-101 (Short Title- Extreme Risk Protection Orders. All Rights Reserved. (c) A person commits a class 5 felony if the person violates subsection (1) of this section and the person's previous conviction was for burglary, arson, or any felony involving the use of force or the use of a deadly weapon and the violation of subsection (1) of this section occurs as follows: (I) From the date of conviction to ten years after the date of conviction, if the person was not incarcerated; or. (c) The written statement shall provide that: (I)(A) A person commits the crime of possession of a weapon by a previous offender in violation of this section if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3)(h), or any other weapon that is subject to the provisions of this title subsequent to the persons conviction for a felony, or subsequent to the persons conviction for attempt or conspiracy to commit a felony, or subsequent to the persons conviction for a misdemeanor crime of domestic violence as defined in 18 U.S.C. Depending on the circumstances, you could also face other charges in addition to the initial POWPO charge. 18-12-302 Large capacity magazines prohibited - penalties - exceptionsC.R.S. the person's conviction for a felony, or subsequent to the person's conviction for Invasion of privacy for sexual gratification, 18-3-405.7. to the person's adjudication for an act which, if committed by an adult, would constitute 18-12-403 (Record - failure to make - penalty. (2) A person commits a class 5 felony if the person violates subsection (1) or (3) Call (719) 259-5082 or send us a message online to start discussing your case. ), C.R.S. 18-12-106 (Prohibited use of weapons. 13-14.5-101 (Short Title- Extreme Risk Protection Orders.)C.R.S. 13-14-104.5 (Procedure for temporary civil protection order.)C.R.S. 18-6-801.6. 18-12-108.5 (Possession of weapons by juveniles-prohibited-exceptions-penalties. 18-12-103.5 (Possession of a defaced firearm.)C.R.S. In these cases, possession of a weapon by a previous offender and/or other criminal charges can be filed. No matter how complicated your criminal record or case may be, our attorneys can help limit the potential negative impacts while guiding you towards favorable, just resolutions. 18-1-1001 (Restraining order - criminal - against defendant. Email addresses for the Colorado legislature have changedfrom the, Deadline Schedule for the 2023 Regular Session, Crime Survivors Grant Program And Presumptive Parole, Seal Misdemeanor Marijuana Conviction Records, Charge and Membership of the County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee, Colorado Open Records Act Maximum Hourly Research and Retrieval Fee, Rules & Regulations of Executive Agencies, Salaries for Legislators, Statewide Elected Officials, and County Officers, Solicitation for Members for the Behavioral Health Task Force, 2023 Remote Testimony and Remote Participation Policies, Services for Persons with Disabilities and Grievance Resolution Procedures, State of Colorado Accessibility Statement, Senate Committee on Judiciary Refer Unamended to Appropriations, Introduced In Senate - Assigned to Judiciary. 13-14.5-104 (Petition for extreme risk protection order.)C.R.S. In Weld County, Colorado, Possession of Weapons by Previous Offenders is a class 5 felony. Bureau Personnel & Training Session: 2023 Regular Session Subject: Crimes, Corrections, & Enforcement Bill Summary 462 (S.B. Forms/ Identification of Transferee Ricardo Rodriguez, 44, who is being investigated for possession of a weapon by a previous offender Kanoelehua Serikawa, 43, who is being investigated for possession of a controlled substance with intent to distribute. 27-81-112 (Involuntary commitment of a person with a substance use disorder), C.R.S. The Denver attorneys of Pearson & Paris, P.C., defend clients against all criminal charges in Colorado. ), C.R.S. 13-14.5-110 (Reporting of extreme risk protection orders.)C.R.S. Misdemeanors classified--drug misdemeanors and drug petty offenses classified--penalties--legislative intent--definitions, 18-3-207. Designation of custody for the purpose of other state and federal statutes, 14-10-131.8. 18-12-402 (Retail dealers - record - inspection.)C.R.S. 13-14.5-106 (Service of protection orders. ), C.R.S. When a convicted criminal knowingly owns, uses, or carries a firearm or other restricted weapon, it is considered "possession of a weapon by a previous offender" (POWPO). 18-12-105.6 (Limitation on local ordinances regarding firearms in private vehicles.)C.R.S. Merely possessing a gun with a broken firing mechanism is enough to put you in violation of Colorados POWPO law.8. or any other alternative sentence and shall be sentenced to the department of corrections. Uniform Dissolution of Marriage Act, 14-10-106. The change to Colorados felon-in-possession law was made through Senate Bill 271, a 304-page measure that mostly altered the states misdemeanor code by lowering penalties and reclassifying crimes. CRS 18-12-108 provides the specific elements of this offense in CO. You commit POWPO in Castle Rock or Parker if you: knowingly possess, use, or carry, a firearm or any other weapon, AND have been convicted of a . 2:59 p.m. ), C.R.S. (b) Any written stipulation for deferred judgment and sentence entered into by a defendant pursuant to section 18-1.3-102 shall contain a written advisement of the prohibited acts and penalties specified in this section. 27-65-108 (Mental health - extension of short-term treatment)C.R.S. They were able to help me get through my case with the best possible outcome their was. The accused thought the weapon was a different object and, therefore, was unaware that (s)he was in possession of the weapon. (1) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law. Denver District Attorney Beth McCann has charged the 21-year-old with three counts of possession of a weapon by a previous offender and one count of third-degree assault. (1) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as defined in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article 12 subsequent to the person's conviction for a felony crime as defined in The best defense to Colorado POWPO charges depends on the facts of your case. Permits to Carry Concealed Handguns, 18-12-203. 18-12-108. 20082021 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. 18-12-111 (Unlawful purchase of firearms. 1.3. 13-14-106 (Procedure for permanent civil protection orders. 18-12-108.7 (Unlawfully providing or permitting a juvenile to possess a handgun-penalty-unlawfully providing a firearm other than a handgun to a juvenile-penalty.)C.R.S. 29-11.7-103 (Regulation of firearms - Type of firearm - Prohibited), C.R.S. Keeping a place of child prostitution, 18-7-405.5. Possession of weapons by previous offenders (1) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article subsequent to the 18-6-801.5. However, defenses we commonly see include (but are not limited to): Yes. The language of CRS 18-12-108 states that: A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article 12 subsequent to the persons conviction for a felony crime as defined in section 24-4.1-302 (1), or subsequent to the persons conviction for attempt or conspiracy to commit a crime as defined in section 24-4.1-302 (1) that is a felony, under Colorado or any other states law or under federal law. 13-14.5-114 (Instructional and informational material-definition. Protection for victims of unlawful sexual behavior, stalking, or domestic violence. NNEDV is a 501(3) non-profit organization; EIN 52-1973408. The alteration allowing some felons to legally possess a firearm appears to create conflict in the states criminal code. 18-12-108. 18-12-103.5 (Possession of a defaced firearm. Someone convicted of felony car theft or drug dealing can't legally pass a background check, so they should be sanctioned for possessing a weapon. Posting a private image for harassment--definitions, 18-7-108. ), C.R.S. (c) The written statement shall provide that: (I)(A) A person commits the crime of possession of a weapon by a previous offender ), C.R.S. 18-12-105.5 (Unlawfully carrying a weapon-unlawful possession of weapons-school, college, or university grounds. ), C.R.S. (5) Deleted by Laws 2021, Ch. POWPO consequences include: Probation is not available if the person used or threatened the use of the firearm in the commission of another crime. Senate Bill 271 also made being a felon in possession of a firearm a Class 5 felony, up from a Class 6 felony. Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in CRS 18-6-800.3 (1); An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in CRS 18-6-800.3 (1); Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in CRS 18-6-800.3 (1), pursuant to CRS 18-6-801 (1); Aggravated intimidation of a witness or a victim (CRS 18-8-705); Retaliation against a judge or elected official (CRS 18-8-615); Retaliation against a prosecutor (CRS 18-8-616); Retaliation against a juror (CRS 18-8-706.5); 1 to 3 years in Colorado State Prison, and/or. 13-14-109 (Fee and costs)C.R.S. That increased the maximum penalty for those who violate the law to three years in prison from 18 months. Parental education--legislative declaration, 14-10-127. Possession of weapons by previous offenders - last updated January 01, 2019 Application and construction, Article 13.5 Uniform Child Abduction Prevention Act, 14-13.5-104. Mateo Velez, 22, was charged with felony possession of a weapon by a previous offender, stemming from an incident on Dec. 22, 2020. . State of Colorado On January 26, 2020, at approximately 12:02 PM, the Colorado Springs Police Department 13-14.5-104 (Petition for extreme risk protection order. ), C.R.S. Tristan Gorman, legislative policy coordinator for the Colorado Criminal Defense Bar, worked on Senate Bill 271. 18-12-504 (Posted notice - penalty.)C.R.S. Page 1661 Bill No. 21-271), 346, eff. Also known as felon with a firearm, this offense has the potential to make a difficult situation that much worse. 18-12-106 (Prohibited use of weapons.)C.R.S. Rights of children in matters relating to parental responsibilities, 14-10-123.6. 13-14-105.5 (Civil protection orders - prohibition on possessing or purchasing a firearm.)C.R.S. (3) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person's adjudication for an act which, if committed All rights reserved. (c) A person commits a class 5 felony if the person commits the conduct described in subsection (3) of this section and the person's previous adjudication was based on an act that, if committed by an adult, would constitute burglary, arson, or any felony involving the use of force or the use of a deadly weapon and the violation of subsection (3) of this section occurs as follows: (I) From the date of adjudication to ten years after the date of adjudication, if the person was not committed to the department of institutions, or on or after July 1, 1994, to the department of human services; or. Possession of a Weapon by a Previous Offender (Felony); ), C.R.S. ), C.R.S. You possess a weapon when you have actual or constructive control of it either by yourself or shared with another person.6, You have actual possession when you have direct physical control over the weapon. 18-12-501 (Background Checks at gun shows-penalty), C.R.S. March 1, 2022. SB 21-256 - Regulation of Firearms by Local Governing Bodies, HB 19-1177-Extreme Risk Protection Order, SB 13-197- Domestic Violence, Firearm Relinquishment, HB 13 - 1224 - Large Capacity Magazine Ban, Technical Guidance on the Interpretation and Application of House Bill 13-1224 Large Capacity Magazine Ban, Additional Technical Guidance on the Interpretation and Application of House Bill 13-1224 Large Capacity Magazine Ban, C.R.S. Modification of parenting time, 14-10-129.5. Possession of a weapon by a previous offender is and would remain a felony under HB-1257. Our ongoing accessibility effort works towards being in line with the Web Content Accessibility Guidelines (WCAG) version 2.1, level AA criteria. 13-14-110 (Foreign protection orders. ), C.R.S. A person who violates subsection (1) or (3) of this section and used or threatened the use of the firearm in the commission of another crime is not eligible for probation or any other alternative sentence and shall be sentenced to the department of corrections. Misdemeanor and Petty Offense Sentencing, 18-1.3-501. For purposes of CRS 18-12-108, you were previously convicted even if you pleaded guilty or no contest and received a deferred judgment. 29-11.7-101 (Regulation of firearms - Firearms Database - Legislative declaration. 18-12-404 (Jurisdiction- County courts. 13-14-107 (Enforcement of protection order- duties of peace officer. 18-12-109 (Possession, use, or removal of explosives or incendiary devices-possession of components thereof- chemical, biological, and nuclear weapons-persons exempt-hoaxes.)C.R.S. ), C.R.S. in violation of this section if the person knowingly possesses, uses, or carries upon 18-12-102 and the weapon is a dangerous weapon. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. (II) A violation of this section may result in a sentence of imprisonment or fine, or both. 13-14.5-113 (Liability.)C.R.S. Possession of weapons by previous offenders on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. and. ), C.R.S. Copyright 2023 Colorado Legal Defense Group. This website requires javascript to run optimally on computers, mobile devices, and screen readers. (1) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as DEFINED in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this ARTICLE 12 subsequent to the person's conviction for a felony CRIME AS DEFINED IN (II) A violation of this section may result in a sentence of imprisonment or fine, or both. If you or a loved one is facing POWPO charges, the following shares some essential information to know about Colorado law, these cases, and general defense options. In Golden, Jefferson County, and everywhere else in Colorado, Possession of Weapons by Previous Offenders is normally a class 6 felony, but it can be a class 5 felony if you violate C.R.S. The legislation also requires judges to impose a prison sentence and not just probation if, during the commission of a crime, the offender brandishes or uses the weapon. Violating this law can result in POWPO charges, which are serious felony-level charges that can bring years of prison time upon conviction. 21-271), 346, eff. Visit our page on Colorado DUI Laws to learn more. Possession of a weapon by persons previously convicted or adjudicated (as a juvenile) of certain previous offenses is prohibited in Colorado under both federal and state laws. Protection order against defendant, 18-1.3-204. This offense is fully documented in Colorado Springs Police Department Offense Report 20-04329 detailing the offense(s) of: 18-12-108,Possession of Weapon by a Previous Offender, Class Five Felony (F5); With the victim(s) identified as: 1. 13-14.5-109 (Firearms-return-disposal.)C.R.S. Criteria for obtaining a permit, 19-1-117. Colorado lawmakers this year, in the wake of a mass shooting at a Boulder King Soopers, passed a bill barring people convicted of certain misdemeanor crimes from purchasing a gun for five years. 18-12-108, punishable by up to $100,000 or a jail sentence of up to three years. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. the department shall provide a written advisement to such inmate of the prohibited or both. Ive seen the most (previous offender in possession of a weapon) charges in cases where my client is pulled over for driving while Black or driving while Latino and there is a firearm found, Gorman said. (3) A person commits the crime of possession of a weapon by a previous offender if . A criminal charge of Possession of Weapons by Previous Offenders in Greeley involves possession of a gun or firearm, following a permanent conviction for any felony. Dissolution of marriage--legal separation, 14-10-107. 27-81-109 (Voluntary treatment of alcoholics), C.R.S. the failure to provide such advisement may not be used as a defense to any crime charged 29-11.7-104 (Regulation of firearms - Carrying - Posting), C.R.S. Colorado Law for Possession of a Weapon by a Previous Offender Lawyer in Greeley If you're being accused of Possession of a Weapon by a Previous Offender in Greeley, you need a criminal lawyer's help. Required notice of prior restraining orders to prevent domestic abuse--proceedings concerning parental responsibilities relating to a child--resources for family services, 14-10-123.7. 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Tristan Gorman, legislative policy coordinator for the Colorado criminal Defense Bar, on... 501 ( 3 ) a person with a substance use disorder ) C.R.S! 29-11.7-101 ( Regulation of firearms - firearms Database - legislative declaration you could also face other charges in Colorado learn... A class 5 felony rights of children in matters relating to parental responsibilities, 14-10-123.6, to. Responsibilities -- jurisdiction -- automatic temporary injunction -- Enforcement -- definition, 14-10-123.3 definitions )... Alteration allowing some felons to legally possess a firearm a class 6 felony days year... Of corrections, 18-6-803.5 ) ; ), C.R.S introduced. ) C.R.S upon. Of CRS 18-12-108, punishable by up to $ 100,000 or a jail sentence of up to $ 100,000 a... A jail sentence of imprisonment or fine, or Domestic Violence mechanism is enough to you... Type of firearm - prohibited ), C.R.S investigators are available 365 days a year, ready come... Those who violate the law to three years Gorman, legislative policy coordinator for the criminal... Knowingly possesses, uses or carries upon 18-12-102 and the weapon in question are now prohibited from possessing gun. Bill summary 462 ( S.B penalty - definitions. ) C.R.S ( colorado possession of weapon by previous offender health - extension of short-term treatment C.R.S... Deleted by Laws 2021, Ch for someone to possess a firearm, this offense has the potential to -... Violating this law can result in a sentence of imprisonment or fine or!, punishable by up to three years Weapons. ) C.R.S violating this law result... Commonly see include ( but are not limited to ): Yes the maximum penalty for those who the... Are not limited to ): Yes 18 months visit our page on Colorado DUI to... Generally, however, defending against POWPO charges, which are serious charges! ( Reporting of extreme risk protection orders. ) to parental responsibilities, 14-10-123.6 ( but not! The custody of the National Network to End Domestic Violence, Inc. all reserved. Report a lost or stolen firearm - exception, ) C.R.S against all criminal charges can be filed criminal in.: Crimes, corrections, 18-6-803.5 cases, possession of handguns by --. ) C.R.S - penalties - exceptionsC.R.S sexual behavior, stalking, or both of a weapon by a offender... ( National instant criminal background check required - penalty - definitions. C.R.S... The National Network to End Domestic Violence, Inc. all rights reserved nnedv is a Colorado class 5 felony up! Worked on senate Bill 271 Bill 271 defend clients against all criminal charges in addition to the department corrections...

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