HB 13-1224 High Capacity Magazines
http://www.leg.state.co.us/clics/cli...e=1224_enr.pdf CONCERNING PROHIBITING LARGE-CAPACITY AMMUNITION MAGAZINES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 3 to article 12 of title 18 as follows: PART 3 LARGE-CAPACITY AMMUNITION MAGAZINES 18-12-301. Definitions. AS USED IN THIS PART 3, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "BUREAU" MEANS THE COLORADO BUREAU OF INVESTIGATION CREATED AND EXISTING PURSUANT TO SECTION 24-33.5-401,C.R.S. (2) (a) "LARGE-CAPACITY MAGAZINE MEANS: NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.(I) A FIXED OR DETACHABLE MAGAZINE, BOX, DRUM, FEED STRIP, OR SIMILAR DEVICE CAPABLE OF ACCEPTING, OR THAT IS DESIGNED TO BE READILY CONVERTED TO ACCEPT, MORE THAN FIFTEEN ROUNDS OF AMMUNITION; (II) A FIXED, TUBULAR SHOTGUN MAGAZINE THAT HOLDS MORE THAN TWENTY-EIGHT INCHES OF SHOTGUN SHELLS, INCLUDING ANY EXTENSION DEVICE THAT IS ATTACHED TO THE MAGAZINE AND HOLDS ADDITIONAL SHOTGUN SHELLS; OR (III) A NONTUBULAR, DETACHABLE MAGAZINE, BOX, DRUM, FEED STRIP, OR SIMILAR DEVICE THAT IS CAPABLE OF ACCEPTING MORE THAN EIGHT SHOTGUN SHELLS WHEN COMBINED WITH A FIXED MAGAZINE. (b) "LARGE-CAPACITY MAGAZINE" DOES NOT MEAN: (I) A FEEDING DEVICE THAT HAS BEEN PERMANENTLY ALTERED SO THAT IT CANNOT ACCOMMODATE MORE THAN FIFTEEN ROUNDS OF AMMUNITION; (II) AN ATTACHED TUBULAR DEVICE DESIGNED TO ACCEPT, AND CAPABLE OF OPERATING ONLY WITH,.22 CALIBER RIMFIRE AMMUNITION; OR (III) A TUBULAR MAGAZINE THAT IS CONTAINED IN A LEVER-ACTION FIREARM. 18-12-302. Large-capacity magazines prohibited - penalties - exceptions. (1) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ON AND AFTER JULY 1,2013, A PERSON WHO SELLS, TRANSFERS, OR POSSESSES A LARGE-CAPACITY MAGAZINE COMMITS A CLASS 2 MISDEMEANOR. (b) ANY PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION AFTER HAVING BEEN CONVICTED OF A PRIOR VIOLATION OF SAID SUBSECTION (1) COMMITS A CLASS 1 MISDEMEANOR. (c) ANY PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION COMMITS A CLASS 6 FELONY IF THE PERSON POSSESSED A LARGE-CAPACITY MAGAZINE DURING THE COMMISSION OF A FELONY OR ANY CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406. PAGE 2-HOUSE BILL 13-1224(2) (a) A PERSON MAY POSSESS A LARGE-CAPACITY MAGAZINE IF HE OR SHE: (I) OWNS THE LARGE-CAPACITY MAGAZINE ON THE EFFECTIVE DATE OF THIS SECTION; AND (II) MAINTAINS CONTINUOUS POSSESSION OF THE LARGE-CAPACITY MAGAZINE. (b) IF A PERSON WHO IS ALLEGED TO HAVE VIOLATED SUBSECTION (1) OF THIS SECTION ASSERTS THAT HE OR SHE IS PERMITTED TO LEGALLY POSSESS A LARGE-CAPACITY MAGAZINE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2), THE PROSECUTION HAS THE BURDEN OF PROOF TO REFUTE THE ASSERTION. (3) THE OFFENSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION SHALL NOT APPLY TO: (a) AN ENTITY, OR ANY EMPLOYEE THEREOF ENGAGED IN HIS OR HER EMPLOYMENT DUTIES, THAT MANUFACTURES LARGE-CAPACITY MAGAZINES WITHIN COLORADO EXCLUSIVELY FOR TRANSFER TO, OR ANY LICENSED GUN DEALER, AS DEFINED IN SECTION 12-26.1-106(6),C.R.S., OR ANY EMPLOYEE THEREOF ENGAGED IN HIS OR HER OFFICIAL EMPLOYMENT DUTIES, THAT SELLS LARGE-CAPACITY MAGAZINES EXCLUSIVELY TO: (I) A BRANCH OF THE ARMED FORCES OF THE UNITED STATES; (II) A DEPARTMENT, AGENCY, OR POLITICAL SUBDIVISION OF THE STATE OF COLORADO, OR OF ANY OTHER STATE, OR OF THE UNITED STATES GOVERNMENT; (III) A FIREARMS RETAILER FOR THE PURPOSE OF FIREARMS SALES CONDUCTED OUTSIDE THE STATE; (IV) A FOREIGN NATIONAL GOVERNMENT THAT HAS BEEN APPROVED FOR SUCH TRANSFERS BY THE UNITED STATES GOVERNMENT; OR (V) AN OUT-OF-STATE TRANSFEREE WHO MAY LEGALLY POSSESS A LARGE-CAPACITY MAGAZINE; OR PAGE 3-HOUSE BILL 13-1224(b) AN EMPLOYEE OF ANY OF THE FOLLOWING AGENCIES WHO BEARS A FIREARM IN THE COURSE OF HIS OR HER OFFICIAL DUTIES: (I) A BRANCH OF THE ARMED FORCES OF THE UNITED STATES; OR (II) A DEPARTMENT, AGENCY, OR POLITICAL SUBDIVISION OF THE STATE OF COLORADO, OR OF ANY OTHER STATE, OR OF THE UNITED STATES GOVERNMENT; OR (c) A PERSON WHO POSSESSES THE MAGAZINE FOR THE SOLE PURPOSE OF TRANSPORTING THE MAGAZINE TO AN OUT-OF-STATE ENTITY ON BEHALF OF A MANUFACTURER OF LARGE-CAPACITY MAGAZINES WITHIN COLORADO. 18-12-303. Identification markings for large-capacity magazines - rules. (1) A LARGE-CAPACITY MAGAZINE THAT IS MANUFACTURED IN COLORADO ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION MUST INCLUDE A PERMANENT STAMP OR MARKING INDICATING THAT THE LARGE-CAPACITY MAGAZINE WAS MANUFACTURED OR ASSEMBLED AFTER THE EFFECTIVE DATE OF THIS SECTION. THE STAMP OR MARKING MUST BE LEGIBLY AND CONSPICUOUSLY ENGRAVED OR CAST UPON THE OUTER SURFACE OF THE LARGE-CAPACITY MAGAZINE. (2) THE BUREAU MAY PROMULGATE SUCH RULES AS MAY BE NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION, INCLUDING BUT NOT LIMITED TO RULES REQUIRING A LARGE-CAPACITY MAGAZINE THAT IS MANUFACTURED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION TO BEAR IDENTIFYING INFORMATION IN ADDITION TO THE IDENTIFYING INFORMATION DESCRIBED IN SUBSECTION (1) OF THIS SECTION. (3) A PERSON WHO MANUFACTURES A LARGE-CAPACITY MAGAZINE IN COLORADO IN VIOLATION OF SUBSECTION (1) OF THIS SECTION COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED IN ACCORDANCE WITH SECTION 18-1.3-501. SECTION 2. Effective date. This act takes effect July 1, 2013. SECTION 3. Safety clause. The general assembly hereby finds, |
HB 13-1228 Charges gun buyers for cost of background checks
http://www.leg.state.co.us/clics/cli...e=1228_enr.pdf HOUSE BILL 13-1228 24-33.5-424. National instant criminal background check system - state point of contact - fee - grounds for denial of firearm transfer - appeal - rule-making - unlawful acts - fund created - repeal. (3.5) (a) ON AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3.5), THE BUREAU SHALL IMPOSE A FEE FOR PERFORMING AN INSTANT CRIMINAL BACKGROUND CHECK PURSUANT TO THIS SECTION.THE AMOUNT OF THE FEE . ________ Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.SHALL NOT EXCEED THE TOTAL AMOUNT OF DIRECT AND INDIRECT COSTS INCURRED BY THE BUREAU IN PERFORMING THE BACKGROUND CHECK. (b) THE BUREAU SHALL TRANSMIT ALL MONEYS COLLECTED PURSUANT TO THIS SUBSECTION (3.5) TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE INSTANT CRIMINAL BACKGROUND CHECK CASH FUND, WHICH FUND IS HEREBY CREATED AND REFERRED TO IN THIS SUBSECTION (3.5) AS THE "FUND". (c) THE MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT COSTS ASSOCIATED WITH PERFORMING BACKGROUND CHECKS PURSUANT TO THIS SECTION. THE STATE TREASURER MAY INVEST ANY MONEYS IN THE FUND NOT EXPENDED FOR THE PURPOSE OF THIS SECTION AS PROVIDED BY LAW. THE STATE TREASURER SHALL CREDIT ANY INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND TO THE FUND. (d) ANY UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN THE FUND AT THE END OF A FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT BE CREDITED TO ANY OTHER FUND. TO THE EXTENT PRACTICABLE, THE BUREAU SHALL USE ANY SUCH REMAINING FUNDS TO REDUCE THE AMOUNT OF THE FEE DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (3.5). (e) THE BUREAU IS AUTHORIZED TO CONTRACT WITH A PUBLIC OR PRIVATE ENTITY FOR SERVICES RELATED TO THE COLLECTION OF THE FEE DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (3.5). (f) ON JANUARY 15,2014, AND ON JANUARY 15 OF EACH CALENDAR YEAR THEREAFTER, THE BUREAU SHALL REPORT TO THE JOINT BUDGET COMMITTEE CONCERNING: (I) THE NUMBER OF FULL-TIME EMPLOYEES USED BY THE BUREAU IN THE PRECEDING YEAR FOR THE PURPOSE OF PERFORMING BACKGROUND CHECKS PURSUANT TO THIS SECTION; AND (II) THE CALCULATIONS USED BY THE BUREAU TO DETERMINE THE AMOUNT OF THE FEE IMPOSED PURSUANT TO THIS SUBSECTION (3.5). (g) (I) THE BUREAU IS AUTHORIZED TO CONTINUE USING GENERAL PAGE 2-HOUSE BILL 13-1228FUND MONEYS APPROPRIATED TO THE BUREAU FOR THE 2013-14 FISCAL YEAR FOR THE PURPOSE OF PERFORMING CRIMINAL BACKGROUND CHECKS PURSUANT TO THIS SECTION UNTIL THE SOONER OF: (A) A DATE SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (f); OR (B) A DATE UPON WHICH SUFFICIENT MONEYS EXIST WITHIN THE FUND TO PAY FOR THE PERFORMING OF CRIMINAL BACKGROUND CHECKS PURSUANT TO THIS SECTION. (II) THIS PARAGRAPH (f) IS REPEALED, EFFECTIVE JULY 1, 2014. SECTION 2. Appropriation - adjustments to 2013 long bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act to the department of public safety for the fiscal year beginning July 1, 2013, are adjusted as follow: (a) The general fund appropriation for the executive director's office is decreased by $107,739. (b) The general fund appropriation for the state point of contact-national instant criminal background check program is decreased by $924,637 and 15.0 FTE. (2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the instant criminal background check cash fund created in section 24-33.5-424 (3.5) (b), Colorado Revised Statutes, not otherwise appropriated, to the department of public safety, for the fiscal year beginning July 1, 2013, the sum of $1,032,376 and 15.0 FTE, or so much thereof as may be necessary, to be allocated for the implementation of this act as follows: (a) $107,739 for the executive director's office; and (b) $924,637 and 15.0 FTE for the state point of contact-national instant criminal background check program. SECTION 3. Safety clause. The general assembly hereby finds, PAGE 3-HOUSE BILL 13-1228determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. |
HB 13-1229 Expands background checks for gun purchases
http://www.leg.state.co.us/clics/cli...e=1229_enr.pdf HOUSE BILL 13-1229 CONCERNING CRIMINAL BACKGROUND CHECKS PERFORMED PURSUANT TO THE TRANSFER OF A FIREARM, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 18-12-112 as follows: 18-12-112. Private firearms transfers - background check required - penalty - definitions. (1) (a) ON AND AFTER JULY 1, 2013, EXCEPT AS DESCRIBED IN SUBSECTION (6) OF THIS SECTION, BEFORE ANY PERSON WHO IS NOT A LICENSED GUN DEALER, AS DEFINED IN SECTION 12-26.1-106(6),C.R.S., TRANSFERS OR ATTEMPTS TO TRANSFER POSSESSION OF A FIREARM TO A TRANSFEREE, HE OR SHE SHALL: NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.(I) REQUIRE THAT A BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., BE CONDUCTED OF THE PROSPECTIVE TRANSFEREE; AND (II) OBTAIN APPROVAL OF A TRANSFER FROM THE BUREAU AFTER A BACKGROUND CHECK HAS BEEN REQUESTED BY A LICENSED GUN DEALER, IN ACCORDANCE WITH SECTION 24-33.5-424,C.R.S. (b) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE, "TRANSFEREE" MEANS A PERSON WHO DESIRES TO RECEIVE OR ACQUIRE A FIREARM FROM A TRANSFEROR. IF A TRANSFEREE IS NOT A NATURAL PERSON, THEN EACH NATURAL PERSON WHO IS AUTHORIZED BY THE TRANSFEREE TO POSSESS THE FIREARM AFTER THE TRANSFER SHALL UNDERGO A BACKGROUND CHECK, AS DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1), BEFORE TAKING POSSESSION OF THE FIREARM. (2) (a) A PROSPECTIVE FIREARM TRANSFEROR WHO IS NOT A LICENSED GUN DEALER SHALL ARRANGE FOR A LICENSED GUN DEALER TO OBTAIN THE BACKGROUND CHECK REQUIRED BY THIS SECTION. (b) A LICENSED GUN DEALER WHO OBTAINS A BACKGROUND CHECK ON A PROSPECTIVE TRANSFEREE SHALL RECORD THE TRANSFER, AS PROVIDED IN SECTION 12-26-102,C.R.S., AND RETAIN THE RECORDS, AS PROVIDED IN SECTION 12-26-103,C.R.S., IN THE SAME MANNER AS WHEN CONDUCTING A SALE, RENTAL, OR EXCHANGE AT RETAIL.THE LICENSED GUN DEALER SHALL COMPLY WITH ALL STATE AND FEDERAL LAWS, INCLUDING 18 U.S.C. SEC. 922, AS IF HE OR SHE WERE TRANSFERRING THE FIREARM FROM HIS OR HER INVENTORY TO THE PROSPECTIVE TRANSFEREE. (c) A LICENSED GUN DEALER WHO OBTAINS A BACKGROUND CHECK FOR A PROSPECTIVE FIREARM TRANSFEROR PURSUANT TO THIS SECTION SHALL PROVIDE THE FIREARM TRANSFEROR AND TRANSFEREE A COPY OF THE RESULTS OF THE BACKGROUND CHECK, INCLUDING THE BUREAU'S APPROVAL OR DISAPPROVAL OF THE TRANSFER. (d) A LICENSED GUN DEALER MAY CHARGE A FEE FOR SERVICES RENDERED PURSUANT TO THIS SECTION, WHICH FEE SHALL NOT EXCEED TEN DOLLARS. PAGE 2-HOUSE BILL 13-1229(3) (a) A PROSPECTIVE FIREARM TRANSFEREE UNDER THIS SECTION SHALL NOT ACCEPT POSSESSION OF THE FIREARM UNLESS THE PROSPECTIVE FIREARM TRANSFEROR HAS OBTAINED APPROVAL OF THE TRANSFER FROM THE BUREAU AFTER A BACKGROUND CHECK HAS BEEN REQUESTED BY A LICENSED GUN DEALER, AS DESCRIBED IN PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION. (b) A PROSPECTIVE FIREARM TRANSFEREE SHALL NOT KNOWINGLY PROVIDE FALSE INFORMATION TO A PROSPECTIVE FIREARM TRANSFEROR OR TO A LICENSED GUN DEALER FOR THE PURPOSE OF ACQUIRING A FIREARM. (4) IF THE BUREAU APPROVES A TRANSFER OF A FIREARM PURSUANT TO THIS SECTION, THE APPROVAL SHALL BE VALID FOR THIRTY CALENDAR DAYS, DURING WHICH TIME THE TRANSFEROR AND TRANSFEREE MAY COMPLETE THE TRANSFER. (5) A PERSON WHO TRANSFERS A FIREARM IN VIOLATION OF THE PROVISIONS OF THIS SECTION MAY BE JOINTLY AND SEVERALLY LIABLE FOR ANY CIVIL DAMAGES PROXIMATELY CAUSED BY THE TRANSFEREE'S SUBSEQUENT USE OF THE FIREARM. (6) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO: (a) A TRANSFER OF AN ANTIQUE FIREARM, AS DEFINED IN 18U.S.C. SEC.921(a)(16), AS AMENDED, OR A CURIO OR RELIC, AS DEFINED IN 27CFR 478.11, AS AMENDED; (b) A TRANSFER THAT IS A BONA FIDE GIFT OR LOAN BETWEEN IMMEDIATE FAMILY MEMBERS, WHICH ARE LIMITED TO SPOUSES, PARENTS, CHILDREN, SIBLINGS, GRANDPARENTS, GRANDCHILDREN, NIECES, NEPHEWS, FIRST COUSINS, AUNTS, AND UNCLES; (c) A TRANSFER THAT OCCURS BY OPERATION OF LAW OR BECAUSE OF THE DEATH OF A PERSON FOR WHOM THE PROSPECTIVE TRANSFEROR IS AN EXECUTOR OR ADMINISTRATOR OF AN ESTATE OR A TRUSTEE OF A TRUST CREATED IN A WILL; (d) A TRANSFER THAT IS TEMPORARY AND OCCURS WHILE IN THE HOME OF THE UNLICENSED TRANSFEREE IF: PAGE 3-HOUSE BILL 13-1229(I) THE UNLICENSED TRANSFEREE IS NOT PROHIBITED FROM POSSESSING FIREARMS; AND (II) THE UNLICENSED TRANSFEREE REASONABLY BELIEVES THAT POSSESSION OF THE FIREARM IS NECESSARY TO PREVENT IMMINENT DEATH OR SERIOUS BODILY INJURY TO THE UNLICENSED TRANSFEREE; (e) A TEMPORARY TRANSFER OF POSSESSION WITHOUT TRANSFER OF OWNERSHIP OR A TITLE TO OWNERSHIP, WHICH TRANSFER TAKES PLACE: (I) AT A SHOOTING RANGE LOCATED IN OR ON PREMISES OWNED OR OCCUPIED BY A DULY INCORPORATED ORGANIZATION ORGANIZED FOR CONSERVATION PURPOSES OR TO FOSTER PROFICIENCY IN FIREARMS; (II) AT A TARGET FIREARM SHOOTING COMPETITION UNDER THE AUSPICES OF, OR APPROVED BY, A STATE AGENCY OR A NONPROFIT ORGANIZATION; OR (III) WHILE HUNTING, FISHING, TARGET SHOOTING, OR TRAPPING IF: (A) THE HUNTING, FISHING, TARGET SHOOTING, OR TRAPPING IS LEGAL IN ALL PLACES WHERE THE UNLICENSED TRANSFEREE POSSESSES THE FIREARM; AND (B) THE UNLICENSED TRANSFEREE HOLDS ANY LICENSE OR PERMIT THAT IS REQUIRED FOR SUCH HUNTING, FISHING, TARGET SHOOTING, OR TRAPPING; (f) A TRANSFER OF A FIREARM THAT IS MADE TO FACILITATE THE REPAIR OR MAINTENANCE OF THE FIREARM; EXCEPT THAT THIS PARAGRAPH (f) DOES NOT APPLY UNLESS ALL PARTIES WHO POSSESS THE FIREARM AS A RESULT OF THE TRANSFER MAY LEGALLY POSSESS A FIREARM; (g) ANY TEMPORARY TRANSFER THAT OCCURS WHILE IN THE CONTINUOUS PRESENCE OF THE OWNER OF THE FIREARM; (h) A TEMPORARY TRANSFER FOR NOT MORE THAN SEVENTY-TWO HOURS. A PERSON WHO TRANSFERS A FIREARM PURSUANT TO THIS PARAGRAPH (h) MAY BE JOINTLY AND SEVERALLY LIABLE FOR DAMAGES PROXIMATELY CAUSED BY THE TRANSFEREE'S SUBSEQUENT UNLAWFUL USE PAGE 4-HOUSE BILL 13-1229OF THE FIREARM; OR (i) A TRANSFER OF A FIREARM FROM A PERSON SERVING IN THE ARMED FORCES OF THE UNITED STATES WHO WILL BE DEPLOYED OUTSIDE OF THE UNITED STATES WITHIN THE NEXT THIRTY DAYS TO ANY IMMEDIATE FAMILY MEMBER, WHICH IS LIMITED TO A SPOUSE, PARENT, CHILD, SIBLING, GRANDPARENT, GRANDCHILD, NIECE, NEPHEW, FIRST COUSIN, AUNT, AND UNCLE OF THE PERSON. (7) FOR PURPOSES OF PARAGRAPH (f) OF SUBSECTION (6) OF THIS SECTION: (a) AN OWNER, MANAGER, OR EMPLOYEE OF A BUSINESS THAT REPAIRS OR MAINTAINS FIREARMS MAY RELY UPON A TRANSFEROR'S STATEMENT THAT HE OR SHE MAY LEGALLY POSSESS A FIREARM UNLESS THE OWNER, MANAGER, OR EMPLOYEE HAS ACTUAL KNOWLEDGE TO THE CONTRARY AND MAY RETURN POSSESSION OF THE FIREARM TO THE TRANSFEROR UPON COMPLETION OF THE REPAIRS OR MAINTENANCE WITHOUT A BACKGROUND CHECK; (b) UNLESS A TRANSFEROR OF A FIREARM HAS ACTUAL KNOWLEDGE TO THE CONTRARY, THE TRANSFEROR MAY RELY UPON THE STATEMENT OF AN OWNER, MANAGER, OR EMPLOYEE OF A BUSINESS THAT REPAIRS OR MAINTAINS FIREARMS THAT NO OWNER, MANAGER, OR EMPLOYEE OF THE BUSINESS IS PROHIBITED FROM POSSESSING A FIREARM. (8) NOTHING IN SUBSECTION (6) OF THIS SECTION SHALL BE INTERPRETED TO LIMIT OR OTHERWISE ALTER THE APPLICABILITY OF SECTION 18-12-111 CONCERNING THE UNLAWFUL PURCHASE OR TRANSFER OF FIREARMS. (9) (a) A PERSON WHO VIOLATES A PROVISION OF THIS SECTION COMMITS A CLASS 1 MISDEMEANOR AND SHALL BE PUNISHED IN ACCORDANCE WITH SECTION 18-1.3-501. THE PERSON SHALL ALSO BE PROHIBITED FROM POSSESSING A FIREARM FOR TWO YEARS, BEGINNING ON THE DATE OF HIS OR HER CONVICTION. (b) WHEN A PERSON IS CONVICTED OF VIOLATING A PROVISION OF THIS SECTION, THE STATE COURT ADMINISTRATOR SHALL REPORT THE CONVICTION TO THE BUREAU AND TO THE NATIONAL INSTANT CRIMINAL PAGE 5-HOUSE BILL 13-1229BACKGROUND CHECK SYSTEM CREATED BY THE FEDERAL "BRADY HANDGUN VIOLENCE PREVENTION ACT"(PUB.L.103-159), THE RELEVANT PORTION OF WHICH IS CODIFIED AT 18U.S.C. SEC. 922 (t). THE REPORT SHALL INCLUDE INFORMATION INDICATING THAT THE PERSON IS PROHIBITED FROM POSSESSING A FIREARM FOR TWO YEARS, BEGINNING ON THE DATE OF HIS OR HER CONVICTION. SECTION 2. In Colorado Revised Statutes, 13-5-142, amend (1) introductory portion, (2), (3) introductory portion, (3) (a), and (3) (b) (II); and add (1.5) and (4) as follows: 13-5-142. National instant criminal background check system - reporting. (1) Beginning July 1, 2002 ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, the clerk of the court of every judicial district in the state COURT ADMINISTRATOR shall periodically reportSEND ELECTRONICALLY the following information to the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act" (Pub.L. 103-159), the relevant portion of which is codified at 18 U.S.C. sec. 922 (t) COLORADO BUREAU OF INVESTIGATION CREATED PURSUANT TO SECTION 24-33.5-401,C.R.S., REFERRED TO WITHIN THIS SECTION AS THE "BUREAU": (1.5) NOT MORE THAN FORTY-EIGHT HOURS AFTER RECEIVING NOTIFICATION OF A PERSON WHO SATISFIES THE DESCRIPTION IN PARAGRAPH (a), (b), OR (c) OF SUBSECTION (1) OF THIS SECTION, THE STATE COURT ADMINISTRATOR SHALL REPORT SUCH FACT TO THE BUREAU. (2) Any report made by the clerk of the court of every judicial district in the state COURT ADMINISTRATOR pursuant to this section shall describe the reason for the report and indicate that the report is made in accordance with 18 U.S.C. sec. 922 (g) (4). (3) The clerk of the court of every judicial district in the state COURT ADMINISTRATOR shall take all necessary steps to cancel a record made by that clerkTHE STATE COURT ADMINISTRATOR in the national instant criminal background check system if: (a) The person to whom the record pertains makes a written request to the clerk STATE COURT ADMINISTRATOR; and PAGE 6-HOUSE BILL 13-1229(b) No less than three years before the date of the written request: (II) The period of commitment of the most recent order of commitment or recommitment expired, or the A court entered an order terminating the person's incapacity or discharging the person from commitment in the nature of habeas corpus, if the record in the national instant criminal background check system is based on an order of commitment to the custody of the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse; except that the clerk STATE COURT ADMINISTRATOR shall not cancel any record pertaining to a person with respect to whom two recommitment orders have been entered under section 27-81-112 (7) and (8), C.R.S., or who was discharged from treatment under section 27-81-112 (11), C.R.S., on the grounds that further treatment will not be likely to bring about significant improvement in the person's condition; or (4) PURSUANT TO SECTION 102 (c) OF THE FEDERAL "NICS IMPROVEMENT AMENDMENTS ACT OF 2007" (PUB.L. 110-180), A COURT, UPON BECOMING AWARE THAT THE BASIS UPON WHICH A RECORD REPORTED BY THE STATE COURT ADMINISTRATOR PURSUANT TO SUBSECTION (1) OF THIS SECTION DOES NOT APPLY OR NO LONGER APPLIES, SHALL: (a) UPDATE, CORRECT, MODIFY, OR REMOVE THE RECORD FROM ANY DATABASE THAT THE FEDERAL OR STATE GOVERNMENT MAINTAINS AND MAKES AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM, CONSISTENT WITH THE RULES PERTAINING TO THE DATABASE; AND (b) NOTIFY THE ATTORNEY GENERAL THAT SUCH BASIS DOES NOT APPLY OR NO LONGER APPLIES. SECTION 3. In Colorado Revised Statutes, add 13-5-142.5 as follows: 13-5-142.5. National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration. (1) Legislative declaration. THE PURPOSE OF THIS SECTION IS TO SET FORTH A JUDICIAL PROCESS WHEREBY A PERSON MAY APPLY OR PETITION FOR RELIEF FROM FEDERAL FIREARMS PROHIBITIONS PAGE 7-HOUSE BILL 13-1229IMPOSED PURSUANT TO 18 U.S.C. SEC. 922 (d) (4) AND (g) (4), AS PERMITTED BY THE FEDERAL "NICSIMPROVEMENT AMENDMENTS ACT OF 2007" (PUB.L. 110-180, SEC. 105). (2) Eligibility. A PERSON MAY PETITION FOR RELIEF PURSUANT TO THIS SECTION IF: (a) (I) HE OR SHE HAS BEEN FOUND TO BE INCAPACITATED BY ORDER OF THE COURT PURSUANT TO PART 3 OF ARTICLE 14 OF TITLE 15,C.R.S.; (II) HE OR SHE HAS BEEN COMMITTED BY ORDER OF THE COURT TO THE CUSTODY OF THE UNIT IN THE DEPARTMENT OF HUMAN SERVICES THAT ADMINISTERS BEHAVIORAL HEALTH PROGRAMS AND SERVICES, INCLUDING THOSE RELATED TO MENTAL HEALTH AND SUBSTANCE ABUSE, PURSUANT TO SECTION 27-81-112 OR 27-82-108,C.R.S.; OR (III) THE COURT HAS ENTERED AN ORDER FOR THE PERSON'S INVOLUNTARY CERTIFICATION FOR SHORT-TERM TREATMENT OF MENTAL ILLNESS PURSUANT TO SECTION 27-65-107, C.R.S., FOR EXTENDED CERTIFICATION FOR TREATMENT OF MENTAL ILLNESS PURSUANT TO SECTION 27-65-108,C.R.S., OR FOR LONG-TERM CARE AND TREATMENT OF MENTAL ILLNESS PURSUANT TO SECTION 27-65-109,C.R.S.; AND (b) HE OR SHE IS A PERSON TO WHOM THE SALE OR TRANSFER OF A FIREARM OR AMMUNITION IS PROHIBITED BY 18U.S.C. SEC.922 (d) (4), OR WHO IS PROHIBITED FROM SHIPPING, TRANSPORTING, POSSESSING, OR RECEIVING A FIREARM OR AMMUNITION PURSUANT TO 18U.S.C. SEC.922 (g) (4). (3) Due process. IN A COURT PROCEEDING PURSUANT TO THIS SECTION: (a) THE PETITIONER SHALL HAVE AN OPPORTUNITY TO SUBMIT HIS OR HER OWN EVIDENCE TO THE COURT CONCERNING HIS OR HER PETITION; (b) THE COURT SHALL REVIEW THE EVIDENCE; AND (c) THE COURT SHALL CREATE AND THEREAFTER MAINTAIN A RECORD OF THE PROCEEDING. PAGE 8-HOUSE BILL 13-1229(4) Proper record. IN DETERMINING WHETHER TO GRANT RELIEF TO A PETITIONER PURSUANT TO THIS SECTION, THE COURT SHALL RECEIVE EVIDENCE CONCERNING, AND SHALL CONSIDER: (a) THE CIRCUMSTANCES REGARDING THE FIREARMS PROHIBITIONS IMPOSED BY 18U.S.C. SEC. 922 (g) (4); (b) THE PETITIONER'S RECORD, WHICH MUST INCLUDE, AT A MINIMUM, THE PETITIONER'S MENTAL HEALTH RECORDS AND CRIMINAL HISTORY RECORDS; AND (c) THE PETITIONER'S REPUTATION, WHICH THE COURT SHALL DEVELOP, AT A MINIMUM, THROUGH CHARACTER WITNESS STATEMENTS, TESTIMONY, OR OTHER CHARACTER EVIDENCE. (5) Proper findings. (a) BEFORE GRANTING RELIEF TO A PETITIONER PURSUANT TO THIS SECTION, THE COURT SHALL ISSUE FINDINGS THAT: (I) THE PETITIONER IS NOT LIKELY TO ACT IN A MANNER THAT IS DANGEROUS TO PUBLIC SAFETY; AND (II) GRANTING RELIEF TO THE PETITIONER IS NOT CONTRARY TO THE PUBLIC INTEREST. (b) (I) IF THE COURT DENIES RELIEF TO A PETITIONER PURSUANT TO THIS SECTION, THE PETITIONER MAY PETITION THE COURT OF APPEALS TO REVIEW THE DENIAL, INCLUDING THE RECORD OF THE DENYING COURT. (II) A REVIEW OF A DENIAL SHALL BE DE NOVO IN THAT THE COURT OF APPEALS MAY, BUT IS NOT REQUIRED TO, GIVE DEFERENCE TO THE DECISION OF THE DENYING COURT. (III) IN REVIEWING A DENIAL, THE COURT OF APPEALS HAS DISCRETION, BUT IS NOT REQUIRED, TO RECEIVE ADDITIONAL EVIDENCE NECESSARY TO CONDUCT AN ADEQUATE REVIEW. SECTION 4. In Colorado Revised Statutes, 13-9-123, amend (1) introductory portion, (2), (3) introductory portion, (3) (a), and (3) (b) (II); and add (1.5) and (4) as follows: PAGE 9-HOUSE BILL 13-122913-9-123. National instant criminal background check system - reporting. (1) Beginning July 1, 2002 ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, the clerk of the probate court STATE COURT ADMINISTRATOR shall periodically report SEND ELECTRONICALLY the following information to the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act", Pub.L. 103-159, the relevant portion of which is codified at 18 U.S.C. sec. 922 (t) COLORADO BUREAU OF INVESTIGATION CREATED PURSUANT TO SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS SECTION AS THE "BUREAU": (1.5) NOT MORE THAN FORTY-EIGHT HOURS AFTER RECEIVING NOTIFICATION OF A PERSON WHO SATISFIES THE DESCRIPTION IN PARAGRAPH (a), (b), OR (c) OF SUBSECTION (1) OF THIS SECTION, THE STATE COURT ADMINISTRATOR SHALL REPORT SUCH FACT TO THE BUREAU. (2) Any report made by the clerk of the probate court STATE COURT ADMINISTRATOR pursuant to this section shall describe the reason for the report and indicate that the report is made in accordance with 18 U.S.C. sec. 922 (g) (4). (3) The clerk of the probate court STATE COURT ADMINISTRATOR shall take all necessary steps to cancel a record made by that clerk THE STATE COURT ADMINISTRATOR in the national instant criminal background check system if: (a) The person to whom the record pertains makes a written request to the clerk STATE COURT ADMINISTRATOR; and (b) No less than three years before the date of the written request: (II) The period of commitment of the most recent order of commitment or recommitment expired, or the court entered an order terminating the person's incapacity or discharging the person from commitment in the nature of habeas corpus, if the record in the national instant criminal background check system is based on an order of commitment to the custody of the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse; except that the clerk STATE COURT ADMINISTRATOR shall not cancel any record pertaining to a person PAGE 10-HOUSE BILL 13-1229with respect to whom two recommitment orders have been entered under section 27-81-112 (7) and (8), C.R.S., or who was discharged from treatment under section 27-81-112 (11), C.R.S., on the grounds that further treatment will not be likely to bring about significant improvement in the person's condition; or (4) PURSUANT TO SECTION 102 (c) OF THE FEDERAL "NICS IMPROVEMENT AMENDMENTS ACT OF 2007" (PUB.L. 110-180), A COURT, UPON BECOMING AWARE THAT THE BASIS UPON WHICH A RECORD REPORTED BY THE STATE COURT ADMINISTRATOR PURSUANT TO SUBSECTION (1) OF THIS SECTION DOES NOT APPLY OR NO LONGER APPLIES, SHALL: (a) UPDATE, CORRECT, MODIFY, OR REMOVE THE RECORD FROM ANY DATABASE THAT THE FEDERAL OR STATE GOVERNMENT MAINTAINS AND MAKES AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM, CONSISTENT WITH THE RULES PERTAINING TO THE DATABASE; AND (b) NOTIFY THE ATTORNEY GENERAL THAT SUCH BASIS DOES NOT APPLY OR NO LONGER APPLIES. SECTION 5. In Colorado Revised Statutes, add 13-9-124 as follows: 13-9-124. National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration. (1) Legislative declaration. THE PURPOSE OF THIS SECTION IS TO SET FORTH A JUDICIAL PROCESS WHEREBY A PERSON MAY APPLY OR PETITION FOR RELIEF FROM FEDERAL FIREARMS PROHIBITIONS IMPOSED PURSUANT TO 18 U.S.C. SEC. 922 (d) (4) AND (g) (4), AS PERMITTED BY THE FEDERAL "NICSIMPROVEMENT AMENDMENTS ACT OF 2007" (PUB.L. 110-180, SEC. 105). (2) Eligibility. A PERSON MAY PETITION FOR RELIEF PURSUANT TO THIS SECTION IF: (a) (I) HE OR SHE HAS BEEN FOUND TO BE INCAPACITATED BY ORDER OF THE COURT PURSUANT TO PART 3 OF ARTICLE 14 OF TITLE 15,C.R.S.; (II) HE OR SHE HAS BEEN COMMITTED BY ORDER OF THE COURT TO PAGE 11-HOUSE BILL 13-1229THE CUSTODY OF THE UNIT IN THE DEPARTMENT OF HUMAN SERVICES THAT ADMINISTERS BEHAVIORAL HEALTH PROGRAMS AND SERVICES, INCLUDING THOSE RELATED TO MENTAL HEALTH AND SUBSTANCE ABUSE, PURSUANT TO SECTION 27-81-112 OR 27-82-108,C.R.S.; OR (III) THE COURT HAS ENTERED AN ORDER FOR THE PERSON'S INVOLUNTARY CERTIFICATION FOR SHORT-TERM TREATMENT OF MENTAL ILLNESS PURSUANT TO SECTION 27-65-107, C.R.S., FOR EXTENDED CERTIFICATION FOR TREATMENT OF MENTAL ILLNESS PURSUANT TO SECTION 27-65-108,C.R.S., OR FOR LONG-TERM CARE AND TREATMENT OF MENTAL ILLNESS PURSUANT TO SECTION 27-65-109,C.R.S.; AND (b) HE OR SHE IS A PERSON TO WHOM THE SALE OR TRANSFER OF A FIREARM OR AMMUNITION IS PROHIBITED BY 18U.S.C. SEC. 922 (d) (4), OR WHO IS PROHIBITED FROM SHIPPING, TRANSPORTING, POSSESSING, OR RECEIVING A FIREARM OR AMMUNITION PURSUANT TO 18U.S.C. SEC.922 (g) (4). (3) Due process. IN A COURT PROCEEDING PURSUANT TO THIS SECTION: (a) THE PETITIONER SHALL HAVE AN OPPORTUNITY TO SUBMIT HIS OR HER OWN EVIDENCE TO THE COURT CONCERNING HIS OR HER PETITION; (b) THE COURT SHALL REVIEW THE EVIDENCE; AND (c) THE COURT SHALL CREATE AND THEREAFTER MAINTAIN A RECORD OF THE PROCEEDING. (4) Proper record. IN DETERMINING WHETHER TO GRANT RELIEF TO A PETITIONER PURSUANT TO THIS SECTION, THE COURT SHALL RECEIVE EVIDENCE CONCERNING, AND SHALL CONSIDER: (a) THE CIRCUMSTANCES REGARDING THE FIREARMS PROHIBITIONS IMPOSED BY 18U.S.C. SEC. 922 (g) (4); (b) THE PETITIONER'S RECORD, WHICH MUST INCLUDE, AT A MINIMUM, THE PETITIONER'S MENTAL HEALTH RECORDS AND CRIMINAL HISTORY RECORDS; AND PAGE 12-HOUSE BILL 13-1229(c) THE PETITIONER'S REPUTATION, WHICH THE COURT SHALL DEVELOP, AT A MINIMUM, THROUGH CHARACTER WITNESS STATEMENTS, TESTIMONY, OR OTHER CHARACTER EVIDENCE. (5) Proper findings. (a) BEFORE GRANTING RELIEF TO A PETITIONER PURSUANT TO THIS SECTION, THE COURT SHALL ISSUE FINDINGS THAT: (I) THE PETITIONER IS NOT LIKELY TO ACT IN A MANNER THAT IS DANGEROUS TO PUBLIC SAFETY; AND (II) GRANTING RELIEF TO THE PETITIONER IS NOT CONTRARY TO THE PUBLIC INTEREST. (b) (I) IF THE COURT DENIES RELIEF TO A PETITIONER PURSUANT TO THIS SECTION, THE PETITIONER MAY PETITION THE COURT OF APPEALS TO REVIEW THE DENIAL, INCLUDING THE RECORD OF THE DENYING COURT. (II) A REVIEW OF A DENIAL SHALL BE DE NOVO IN THAT THE COURT OF APPEALS MAY, BUT IS NOT REQUIRED TO, GIVE DEFERENCE TO THE DECISION OF THE DENYING COURT. (III) IN REVIEWING A DENIAL, THE COURT OF APPEALS HAS DISCRETION, BUT IS NOT REQUIRED, TO RECEIVE ADDITIONAL EVIDENCE NECESSARY TO CONDUCT AN ADEQUATE REVIEW. SECTION 6. In Colorado Revised Statutes, 18-12-101, add (1) (b.5) as follows: 18-12-101. Definitions - peace officer affirmative defense. (1) As used in this article, unless the context otherwise requires: (b.5) "BUREAU" MEANS THE COLORADO BUREAU OF INVESTIGATION CREATED IN SECTION 24-33.5-401,C.R.S. SECTION 7. In Colorado Revised Statutes, 18-12-202, repeal (1) as follows: 18-12-202. Definitions. As used in this part 2, unless the context otherwise requires: PAGE 13-HOUSE BILL 13-1229(1) "Bureau" means the Colorado bureau of investigation within the department of public safety. SECTION 8. In Colorado Revised Statutes, 18-12-103.5, amend (2) as follows: 18-12-103.5. Defaced firearms - contraband - destruction. (2) Defaced firearms which THAT are deemed to be contraband shall be placed in the possession of the Colorado bureau of investigation or of a local law enforcement agency designated by the Colorado bureau of investigation and shall be destroyed or rendered permanently inoperable. SECTION 9. Appropriation to the department of public safety for the fiscal year beginning July 1, 2012. In Session Laws of Colorado 2012, section 2 of chapter 305, (HB 12-1335), amend Part XVII (1) (A), (5) (D), and the affected totals as amended by section 1 Senate Bill 13-101, as follows: Section 2. Appropriation. (5) COLORADO BUREAU OF INVESTIGATION (D) State Point of Contact - National Instant Criminal Background Check Program Personal Services 1,312,023 1,086,212 225,811 These amounts shall be from permit application fees collected pursuant to Section 18-12-205 (2) (b), C.R.S. PAGE 17-HOUSE BILL 13-1229SECTION 10. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of public safety, for the fiscal year beginning July 1, 2013, the sum of $1,415,932 and 24.7 FTE, or so much thereof as may be necessary, to be allocated for the implementation of this act as follows: (a) $324,806 for the executive director's office; (b) $80,000 for the Colorado crime information center; and (c) $1,011,126 and 24.7 FTE for the state point of contact-national instant criminal background check program. SECTION 11. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the instant criminal background check cash fund created in section 24-33.5-424 (3.5) (b), Colorado Revised Statutes, not otherwise appropriated, to the department of public safety, for the fiscal year beginning July 1, 2013, the sum of $1,415,932 and 24.7 FTE, or so much thereof as may be necessary, to be allocated for the implementation of this act as follows: (a) $324,806 for the executive director's office; (b) $80,000 for the Colorado crime information center; and (c) $1,011,126 and 24.7 FTE for the state point of contact-national instant criminal background check program. SECTION 12. Effective date. This act takes effect upon passage; except that section 10 of this act takes effect only if House Bill 13-1228 does not become law, and section 11 of this act takes effect only if House Bill 13-1228 becomes law. SECTION 13. Safety clause. The general assembly hereby finds, PAGE 18-HOUSE BILL 13-1229determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. |
Originally Posted by txhunter58
(Post 4045423)
Duh! Of course that is the intent, but it makes YOU a criminal for doing it even if they don't check you in the field.
I keep getting asked about these bills from family members/friends as they all think I should be freaking out because of them. Personally, I'm not. None of them will affect me in anyway except it's going to cost me $10 for a background check every time I buy another gun in this state. I don't believe these bills keep anyone safe, or solve any problems, but they are not a reason to lose any sleep either. |
Will take a while to fully digest, but does appear on the surface at least, to indicate it is not as bad as reported. thanks!
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the thing i see with carring a side arm with 15 or more rounds is that these handguns are not hunting calibers. 9mm, 40, 41, 45 ACP are not used for hunting. these are not backup calibers. a handgun needs to have enough power to kill an animal. those calibers above would tend to wound deer or bear. in a bears case it would tend to tick them off. revolvers that shoot heavy calibers such as 41, 44, 454, would be a better choice.
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Jorgy,
Thanks for providing the real info. Greatly appreciated. |
Yes. Quit bringing firearms into Colorado that's exactly what the democrats want.
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Originally Posted by w123t
(Post 4045498)
Jorgy,
Thanks for providing the real info. Greatly appreciated. |
Originally Posted by A11en
(Post 4045247)
Yesterday, Colorado passed several gun control laws - one limiting the capacity of magazines to 15. While rifle or bow hunting in CO, I always carry a sidearm. Based on these new laws, I no longer have a sidearm I can legally take into CO.
I will not contribute to the economy of a state that chooses to infringe on my right to bear arms. I will now take my business to other Western states that respect the my rights. Please join me and send a message to CO by taking our business elsewhere You can still feel free to take your business to another western state, but you are going to miss the fun of smoking some legal pot while watching gay couples getting married. :popcorn: |
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