Virginia Shooting Sports Association

2010 General Assembly Legislative Tracking Form

Updated 5:44PM 2/17/10

Legend:      _ Code clean up/no impact on gun owner rights

                                    :  ­_ Improves gun owner rights

                                    : ­ _ Restricts gun owner rights

                                    :  *  VSSA has taken no position at this time

 

The General Assembly Convenes January 13, 2010

Cross Over Day (last day for house of origin to act on its bills) – February 16, 2010

Adjourn Sine Die – March 13, 2010

Reconvened Session to Consider Governor’s Amendments and Vetoes – April 21, 2010

 

House Bills Introduced

Bill No.

LIS Bill Summary as Introduced

(unless otherwise noted)

Title

Last Action

VSSA Position

 

 

 

 

HB 8

Charles W. Carrico, Sr.

Concealed handgun permits; renewal by mail. Allows a person who previously has been issued a Virginia concealed handgun permit to submit an application to renew the permit via the United States mail.

02/16/10  House: VOTE: --- PASSAGE (85-Y 14-N)

 

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 26

Thomas C. Wright, Jr.

Concealed handgun permit; documentation and information provided by applicant. Clarifies that the clerk of court accepting a concealed handgun permit application shall not require the applicant to provide any documentation or information not required by § 18.2-308 or by the application form prescribed by the Department of State Police.

02/16/10  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)

 

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 32

Robert G. Marshall

Concealed handguns; possession by faculty members at state institutions of higher education.  Allows full-time faculty members of state institutions of higher education who possess a valid Virginia concealed handgun permit to carry a concealed handgun on campus.

02/08/10  House: Subcommittee recommends laying on the table (3-Y 2-N)

Bill Dead for 2010

Support

 

 

 

 

HB 49

L. Scott Lingamfelter

Handguns; repeals one-gun-a-month limitation. Repeals the prohibition against purchasing more than one handgun in a 30-day period.

02/16/10  House: VOTE: --- PASSAGE (61-Y 37-N)

 

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 52

Mark L. Cole

Concealed handgun permit; failure to produce upon demand of a law-enforcement officer, penalty. Provides that failure to produce, upon demand of a law-enforcement officer, a concealed handgun permit and a government-issued photo identification while carrying a concealed handgun is punishable by a $25 civil penalty. A court may waive this penalty if the person presents a valid concealed handgun permit and government-issued photo identification to the court.

02/16/10  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)

 

02/17/10  Senate: Referred to Committee for Courts of Justice

 

 

 

 

 

HB 54

Mark L. Cole

Handgun; person with lawful possession may carry into courthouse. Allows a person who may lawfully possess a firearm to carry a handgun into a courthouse when the courthouse is being used for non-judicial activities.

02/16/10  House: Left in Militia, Police and Public Safety

Bill Dead for 2010

Support

 

 

 

 

HB 69

Charles W. Carrico, Sr.

Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.

02/16/10  House: VOTE: --- PASSAGE (70-Y 29-N)

 

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 72

Charles W. Carrico, Sr.

Firearms; possession with intent to use on school property Class 1 misdemeanor. Changes the penalty for possession of a firearm on school property from a Class 6 felony to a Class 1 misdemeanor, the same penalty that applies to the possession of other weapons on school property. However, if a person possesses a firearm on school property with the intent to use the firearm unlawfully or to threaten or endanger another person, or if a person actually uses the firearm in an unlawful manner or threatens or endangers another person, such person is guilty of a Class 6 felony. If a person unlawfully discharges a firearm upon school property, upon other property being used exclusively for school-sponsored functions or extracurricular activities, or upon a school bus, such person shall be sentenced to a mandatory minimum term of imprisonment of five years.

02/08/10  House: Subcommittee recommends laying on the table (3-Y 2-N)

Bill Dead for 2010

Support

 

 

 

 

HB 79

R. Lee Ware, Jr.

Concealed handgun permits; prohibits clerk of court from providing public access to applications. Prohibits a clerk of court from providing public access to concealed handgun permit applications and information regarding identifiable permittees without the written consent of the applicant or permittee. The applications and information would be available to law-enforcement agencies, and the clerk of court would be authorized to release aggregate information that does not identify individual applicants or permittees.

02/16/10  House: VOTE: --- PASSAGE (87-Y 10-N)

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 106

Mark L. Cole

Concealed handguns; person with valid permit allowed to carry in place of worship with permission. Allows a person with a valid concealed handgun permit to carry a concealed handgun in a place of worship with permission of the leader of the religious meeting. The bill also eliminates the restriction against carrying a concealed handgun in a restaurant that serves alcohol.

02/16/10  House: Left in Militia, Police and Public Safety

 

Bill Dead for 2010

Support

 

 

 

 

HB 108

Mark L. Cole

Firearms; disposition of those acquired by localities. Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction or sealed bids to a person licensed as a dealer or be disposed of in any other appropriate manner.

02/16/10  House: VOTE: --- PASSAGE (75-Y 24-N)

02/17/10  Senate: Referred to Committee on Local Government

Support

 

 

 

 

HB 109

Mark L. Cole

Firearms; destruction of certain records by clerk of circuit court. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.

02/16/10  House: VOTE: --- PASSAGE (80-Y 18-N)

02/17/10  Senate: Referred to Committee on Local Government

Support

 

 

 

 

HB 152

John M. O'Bannon, III (by request)

Electronic security employees; those with valid permits may carry concealed handguns. Allows licensed electronic security employees who have a valid concealed handgun permit and who may lawfully carry a handgun to carry a concealed handgun for personal protection during business hours, so long as the employee does not represent that he is carrying the handgun in the course of his employment.

01/28/10  House: Subcommittee recommends laying on the table by voice vote

Bill Dead for 2010

Support

 

 

 

 

HB 171

Brenda L. Pogge

Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on school property, nor would the provisions apply to vehicles owned or leased by an employer or business and used by an employee in the course of his employment.

02/16/10  House: VOTE: --- PASSAGE (72-Y 27-N)

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 236

William R. Janis

Firearms; Class 1 misdemeanor to discharge in certain areas. Makes it a Class 1 misdemeanor to discharge a firearm towards a subdivision within the range of the firearm, or to discharge a firearm towards any person or structure, when no barrier exists that would prevent the projectile from striking a person or animal or structure. With these changes, a locality would no longer be able to prohibit hunting generally within a half-mile radius of a subdivision, but would still be able to prohibit hunting within a subdivision.

02/16/10  House: VOTE: --- PASSAGE (79-Y 19-N)

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 251

Donald W. Merricks

Self-defense; person who lawfully occupies dwelling may use degree of force against an intruder. Provides that any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily injury. The bill also provides that a person who uses justifiable force against an intruder shall be immune from civil liability for injuries or death of the other person. (Castle Doctrine)

02/03/10  House: Incorporated by Courts of Justice (HB854-Morefield) by voice vote

Support

 

 

 

 

HB 475

Charles W. Carrico, Sr.

Possession of firearms on school property; concealed handgun permits. Allows a person who has a valid concealed handgun permit to carry a concealed handgun in a part of a school building not being used for school-related functions or extracurricular activities. The bill also allows persons with a valid concealed handgun permit to carry a concealed handgun while in a parking lot or traffic circle of a school, regardless of whether such person is in a vehicle. Current law only allows such a person to carry the concealed firearm in a parking lot or traffic circle while in a vehicle.

02/16/10  House: Left in Militia, Police and Public Safety

Bill Dead for 2010

Support

 

 

 

 

HB 489

L. Scott Lingamfelter

Reorganizing the law related to concealed weapons and concealed handgun permits. Reorganizes existing § 18.2-308 of the Code of Virginia, relating to concealed weapons and concealed handgun permits, into a new article 6.1 in Chapter 7 of Title 18.2 of the Code of Virginia. The reorganization does not make substantive changes to existing law, but instead seeks to clarify and make easier to use the existing laws regarding carrying concealed weapons and obtaining a concealed handgun permit in the Commonwealth.

02/16/10  House: Left in Militia, Police and Public Safety

Bill Dead for 2010

Support

 

 

 

 

HB 490

L. Scott Lingamfelter

Concealed handgun; development of plan for issuance of lifetime permit by Virginia State Police. Directs the Department of State Police, in cooperation with the Secretary of Public Safety, to develop a plan to allow for the State Police to issue lifetime concealed handgun permits to Virginia residents. The Department and the Secretary shall submit the plan, and any recommended legislative changes to implement the plan, to the Chairmen of the House Committee on Militia, Police, and Public Safety and the Senate Committee for Courts of Justice by October 15, 2010.

02/16/10  House: VOTE: --- PASSAGE (78-Y 20-N)

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 505

C. Todd Gilbert

Concealed handguns; restaurants. Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises.

02/12/10  House: VOTE: --- PASSAGE (67-Y 27-N)

02/15/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 520

Joseph D. Morrissey

Sale of firearms at firearms shows. Requires any person who has a fixed location at a firearms show to display and sell firearms and any person who sells three or more firearms at a firearms show, regardless of whether he has a fixed location, to be licensed as a Virginia firearms dealer.

02/16/10  House: Left in Militia, Police and Public Safety

Bill Defeated

Oppose

 

 

 

 

HB 854

James W. Morefield

Castle doctrine. Encodes a version of the "castle doctrine," allowing the use of physical force, including deadly force, against an intruder or attacker, with no duty to retreat and without criminal or civil liability.

02/16/10  House: VOTE: --- PASSAGE (75-Y 24-N)

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 870

Benjamin L. Cline

Concealed handgun permit applications; fingerprints. Removes the option for a locality to require that an applicant for a concealed handgun permit submit fingerprints as part of the application.

02/16/10  House: VOTE: --- PASSAGE (83-Y 15-N)

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 879

Mamye E. BaCote

Firearms; locality may adopt an ordinance that prohibits thereof in libraries. Provides that a locality may adopt an ordinance that prohibits firearms, ammunition, or components or combination thereof in libraries owned or operated by the locality.

01/28/10  House: Subcommittee recommends passing by indefinitely by voice vote.

Bill Defeated

Oppose

 

 

 

 

HB 885

Clifford L. Athey, Jr.

Possession of concealed weapons. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment.

02/16/10  House: VOTE: --- PASSAGE (74-Y 25-N)

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 886

Clifford L. Athey, Jr.

Firearms, firearms accessories, and ammunition manufactured and retained in Virginia. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.

02/12/10  House: Incorporated by Militia, Police and Public Safety (HB69-Carrico) by voice vote

Support

 

 

 

 

HB 995

David A. Nutter

Firearms; purchaser may present military identification card or concealed handgun permit. Allows a prospective purchaser to present a current or retired military identification card or a concealed handgun permit in order to establish citizenship or lawful admission for permanent residence in order to purchase an assault firearm.

02/12/10  House: Continued to 2011 in Militia, Police and Public Safety by voice vote

Support

 

 

 

 

HB 1070

Clifford L. Athey, Jr.

Carrying of concealed handguns in emergency shelters. Provides that a person who has a valid concealed handgun permit may not be barred from carrying a concealed handgun in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons.

02/16/10  House: VOTE: --- PASSAGE (74-Y 24-N)

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 1092

Anne B. Crockett-Stark (by request)

Carrying concealed handguns; retired law-enforcement officers. States that a retired law-enforcement officer who receives proof of consultation and favorable review to carry a concealed handgun without a concealed handgun permit shall have the same ability to carry a concealed handgun wherever he may travel in the Commonwealth as a law-enforcement officer authorized to carry a concealed handgun without a permit.

02/16/10  House: VOTE: --- PASSAGE (86-Y 12-N)

02/17/10  Senate: Referred to Committee for Courts of Justice

 

 

 

 

 

HB 1146

James M. Scott

Firearms; possession by certain persons who have had parental rights terminated. Prohibits a person who has had his parental rights terminated based upon a finding of aggravated circumstances from purchasing, possessing, or transporting a firearm. The bill defines aggravated circumstances as torture, chronic or severe abuse, or chronic or severe sexual abuse of a child of the parent or a child with whom the parent resided at the time such conduct occurred. A violation of this section would be a Class 1 misdemeanor.

02/16/10  House: Left in Courts of Justice

Bill Defeated

 

 

 

 

 

HB 1191

H. Morgan Griffith

Issuance of concealed handgun permits; clerk of court. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application.

02/16/10  House: VOTE: --- PASSAGE (86-Y 12-N)

02/17/10  Senate: Referred to Committee for Courts of Justice

Support

 

 

 

 

HB 1209

Jeion A. Ward

Crimes; registration of machine guns. Requires that the Superintendent of State Police be notified in writing of the change of address of the registrant or the change of the address of the permanent physical location of a machine gun.

02/04/10  House: Subcommittee recommends striking from docket by voice vote

Bill Defeated

Oppose

 

 

 

 

HB 1210

G. Manoli Loupassi

Carrying concealed handguns; judges. Allows a judge to carry a concealed handgun without a permit at all times. Currently, judges are authorized to carry a concealed handgun without a permit while in the discharge of their official duties.

01/28/10  House: Subcommittee failed to recommend reporting (2-Y 3-N)

Bill Defeated

 

 

 

 

 

HB 1214

L. Kaye Kory

Possession of firearm on public school property; penalty. Prohibits a person from possessing an unloaded firearm that is in a closed container in or upon a motor vehicle located at a public elementary, middle, or high school or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle located at a public elementary, middle, or high school.

02/16/10  House: Left in Militia, Police and Public Safety

Bill Defeated

Oppose

 

 

 

 

HB 1217

Lynwood W. Lewis, Jr.

Firearm safety education program. Allows local school boards to offer firearm safety education programs in the elementary grades. To assist local school boards opting to provide such instruction, the Board of Education must establish a standardized program of firearm safety education for students in the elementary school grades to promote the protection and safety of children. The bill requires that the program objectives incorporate, among other principles of firearm safety, accident prevention and the rules of the National Rifle Association's Eddie Eagle Gunsafe Program. Local school boards offering the program must comply with Board curriculum guidelines and integrate the instruction in appropriate subject areas, if feasible, to ensure that every elementary school student receives instruction in firearm safety education.

02/16/10  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)

02/17/10  Senate: Referred to Committee on Education and Health

Support

 

 

 

 

HB 1234

Jennifer L. McClellan

Transfer of firearms; criminal records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.

01/28/10  House: Subcommittee recommends passing by indefinitely by voice vote

Bill Defeated

Oppose

 

 

 

 

HB 1256

Paula J. Miller

Resignation of law-enforcement officers; carrying concealed weapon. Provides that certain law-enforcement officers who resign from their position in good standing to accept a position covered by the Virginia Retirement System shall be eligible to carry a concealed handgun if he has received written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the agency from which the officer resigned.

02/16/10  House: VOTE: --- PASSAGE (90-Y 6-N 1-A)

02/17/10  Senate: Referred to Committee for Courts of Justice

 

 

 

 

 

HB 1257

Paula J. Miller

Purchase of service handguns; resignation in good standing. Provides that certain law-enforcement officers who resign from their position in good standing to take another position covered by the Virginia Retirement System may purchase their service handgun for $1.

02/16/10  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)

02/17/10  Senate: Referred to Committee for Courts of Justice

 

 

 

 

 

HB 1271

Luke E. Torian

Regulating firearms by educational institution. Provides that the board of visitors or other governing body of an educational institution has the power to establish rules and regulations for the possession or transportation of firearms or ammunition on property owned or operated by the institution.

02/16/10  House: Left in Militia, Police and Public Safety

Bill Defeated

Oppose

Bill No.

Senate Bills Introduced

LIS Bill Summary as Introduced

(unless otherwise noted)

Title

Last Action

VSSA Position

 

 

 

 

SB 3

Ralph K. Smith

Concealed handgun permits; renewal thereof by mail. Allows a person who previously has been issued a Virginia concealed handgun permit to submit an application to renew the permit via the United States mail.

02/16/10  Senate: Read third time and passed Senate (29-Y 11-N)

02/17/10  House: Referred to Committee on Militia, Police and Public Safety

Support

 

 

 

 

SB 42

Richard H. Stuart

Handguns; allows law-enforcement officer retiring at age 70 with 10 years service to purchase. Allows a law-enforcement officer who retires at or after age 70 with at least 10 years of service to purchase his service handgun for $1.

01/21/10  Senate: Read third time and passed Senate (39-Y 0-N)

 

02/03/10  House: Referred to Committee on Militia, Police and Public Safety

Support

 

 

 

 

SB 79

W. Roscoe Reynolds

Concealed handgun permit applications; removes option for requiring fingerprints. Removes the option for a locality to require that an applicant for a concealed handgun permit submit fingerprints as part of the application.

02/15/10  Senate: Failed to report in Courts of Justice (6-Y 9-N)

 

Bill Dead for 2010

Support

 

 

 

 

SB 89

Richard H. Stuart

Firearms; petition to restore right to possess or transport to be served on attorney for State. Provides that if a person acquitted by reason of insanity files a petition to restore his right to possess or carry a firearm, a copy of the petition shall be served on the attorney for the Commonwealth who shall be entitled to respond and represent the interests of the Commonwealth. The court shall hold a hearing on the petition if requested by either the petitioner or the attorney for the Commonwealth.

01/26/10  Senate: Read third time and passed Senate (40-Y 0-N)

 

02/03/10  House: Referred to Committee for Courts of Justice

 

 

 

 

 

SB 268

Mary Margaret Whipple

Dangerous weapons in government facilities. Provides that the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.

01/26/10  Senate: Failed to report (defeated) in Local Government (6-Y 9-N)

Bill Defeated

Oppose

 

 

 

 

SB 331

Richard H. Stuart

Petition to restore right to possess, etc., firearm; notice to attorney for the Commonwealth. Provides that if a person acquitted by reason of insanity files a petition to restore his right to possess or carry a firearm, a copy of the petition shall be served on the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth shall be made a party defendant to the proceeding and may file an objection or answer to the petition within 21 days after service.

01/20/10  Senate: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)

 

Bill Dead for 2010

 

 

 

 

 

SB 334

Emmett W. Hanger, Jr.

Concealed handguns; restaurants; penalty. Allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club and prohibits such person from consuming alcoholic beverages while on the premises. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor.

02/16/10  Senate: Read third time and passed Senate (22-Y 18-N)

02/17/10  House: Referred to Committee on Militia, Police and Public Safety

Support

 

 

 

 

SB 501

L. Louise Lucas

Concealed handgun permits; disqualifying convictions. Provides that a conviction from another state for driving while intoxicated or for drunkenness in public within the preceding three years disqualifies an individual from obtaining a concealed handgun permit.

02/16/10  Senate: Passed Senate (40-Y 0-N)

 

 

 

 

 

SB 533

Ryan T. McDougle

Concealed handgun permit applications; right to ore tenus hearing. Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit.

02/16/10  Senate: Read third time and passed Senate (32-Y 8-N)

Support

 

 

 

 

SB 580

David W. Marsden

Airsoft guns on school property; penalty. Adds weapons designed to expel a projectile at a speed of more than 250 feet per second by action of compressed air or gas, such as an airsoft gun, to the list of weapons that are prohibited from being possessed on school property.

02/12/10  Senate: Read third time and passed Senate (33-Y 5-N)

 

02/16/10  House: Referred to Committee on Militia, Police and Public Safety

Oppose

 

 

 

 

SB 595

L. Louise Lucas

Transfer of firearms; criminal records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal background check be performed on the prospective transferee, if such transferee does not possess a concealed handgun permit, before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.

02/15/10  Senate: Left in Courts of Justice (15-Y 0-N)

Bill Defeated

Oppose

 

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Note!!! Legislation is subject to change at a moment’s notice.  VSSA may take a position on a bill based on current information and change its position later based on amendments or other actions.  Please check the tracking form  and the VSSA Blog regularly for the most up-to-date information.

 

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