can i shoot someone on my property in arizonacan i shoot someone on my property in arizona

Working with a criminal defence lawyer ensures that your interests are represented and protected. If you can get out of the situation safely, you should. Usually, a person commits criminal trespass by ignoring a sign and entering a property illegally. Enter or remain on a nonresidential property or in any commercial fenced yard unlawfully. WebCities and towns in the state of Arizona that contain more than one park must allow drones in at least one of them. (. 11811 N Tatum Blvd Unit 3031-15B, Phoenix, AZ 85028. Arizona has well-defined self-defense laws (also known as Stand Your Ground laws) designed to protect at-risk individuals while giving them the legal ability to protect themselves from harm. Ive heard from some in law enforcement who say this will make their jobs harder, and Im sympathetic to that. Arizona gun laws are quite favorable to residents who opt to legally own and carry firearms. They may also use lethal physical force to prevent the commission of certain crimes under articles 13-411 of the LRA. A criminal defense lawyer analyzes the facts and the law to develop a defense strategy that gives you the best chance of avoiding jail and other penalties. Not so fast, Tex, or you may be spending time in Sheriff Arpaios big house. A person commits criminal trespassing in the third degree when a person: Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Call Today for a Free Consultation (480) 656-7301. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. If you claim self-defense, it is up to the state to prove beyond a reasonable doubt that a reasonable person would not have taken the same action to protect themselves or another person. Authorities claim they use asset forfeiture to go after drug kingpins and organized crime, but the statistics paint a much different picture: More than half of Arizonas forfeitures are worth less than $1,000, and more than 90% of all forfeitures are handled through the civil process, not through the criminal forfeiture process. What Are the Consequences? seize nearly $27 million worth of property, Your California Privacy Rights / Privacy Policy. TravisGrantham, a Republican representing Legislative District 12,is speaker pro tempore of the Arizona House of Representatives and author of House Bill 2810. These laws can greatly differ from each state, and some states do not have them. Web8 client reviews. In Arizona, A.R.S. Enters or remains in a fenced residential yard. You do not want to invite the law enforcement officers to your home because of nuisance and noise complaints from your neighbors.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'keepgunssafe_com-box-4','ezslot_5',106,'0','0'])};__ez_fad_position('div-gpt-ad-keepgunssafe_com-box-4-0'); Although you can shoot on your property in Arizona the shooter must be: No, you do not need a permit for you to shoot on your property. Sanitation Support Services is a multifaceted company that seeks to provide solutions in cleaning, Support and Supply of cleaning equipment for our valued clients across Africa and the outside countries. Lawyers from our extensive network are ready to answer your question. It also requires a judge or jury to determine what a reasonable person would believe was necessary to prevent harm or the commission of a crime. 11-593: Failure to Report a Death in Arizona, Mohave County Drug Crime Defense Attorney, Peoria Assault and Battery Defense Lawyers, Assault & Aggravated Assault Charges in Arizona. Therefore, you may believe that you had the right to shoot someone who stole your car, but a reasonable person might disagree. Criminal Trespass (First Degree) (Felony). They may be coming in to rescue people because the house is on fire etc. What are the different Martindale-Hubbell Peer Review Ratings?*. Avoid being under the influence of alcohol or over-the-counter, prescription or other drugs while shooting. Know When to Stop.Although it differs from state to state, generally, people are permitted to use reasonable physical force to protect themselves from immediate danger. Recreational target shooting is temporarily prohibited during fire restrictions. Contact us. If you face the following situations, shooting an intruder or using physical violence could land you in serious trouble. But the U.S. and Arizona constitutions are clear on this point: its supposed to be hard be for the government to take property from individuals. If the Arizona police believe someone acted in self-defense, they cannot charge that person with a crime committed in the circumstances. Cross-country travel is notpermittedoutside of OHV open area boundaries. -Bring a bucket of water and a blanket to put out a fire. However, answering questions and making statements to the police is not in your best interest. We handle all criminal matters including domestic violence, DUI, drug crimes, sex crimes, theft crimes, and more. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Secure .gov websites use HTTPS However, they cannot use physical force in all situations. 13-405 describes the use of deadly force in the same circumstances, and says that a person is justified in using deadly force if the criteria of A.R.S. You cannot use self-defense unless you immediately need to use it. However, property owners must ensure that shooting only takes place in areas that are far from concentrations of property and people. Is It Illegal to Shoot Birds in Your Backyard? Our cleaning services and equipments are affordable and our cleaning experts are highly trained. If someone swears at you or insults you, you cannot use self-defense against him or her. Within one quarter mile of all recreation sites and structures that may be occupied. However, shooting someone who is stealing your car from your driveway may result in a murder charge. You have to have a reasonable fear of death or great bodily harm before you can shoot them. There are a lot of gun owners in Arizona, Raimondo said. But just because you have a gun doesn`t mean you make it your No. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. JacksonWhite Law offers a full range of legal services to assist individuals, families and businesses in achieving success through out the state of Arizona on a wide range of legal matters. Any self-defence must be reasonable, proportionate and directly necessary to prevent the unlawful conduct of others. Arizona has some of the most lenient gun laws with regard to gun ownership and possession. | Last updated March 05, 2018. Not so fast, Tex, or you may be The Client Review Rating score is determined through the aggregation of validated responses. In other words, the person accused of criminal trespass didn't mean to trespass upon another person's property, and did so by accident. The bill passed the Senate unanimously, but failed in the House. Check with local sheriff or land management agencies before using an area for shooting. Justification; use of force in crime prevention; applicability. Do not attach targets to living plants or attach targets to rocks, plants, or solid objects. First, the jury in your case will determine what the reactions of a reasonable person would have been in your situation. 1 resource. Texas law states that property owners are able to use force to terminate trespassing or theft if they deem it necessary; however, force and deadly force are two different actions. 13-404 are met and the person believes the deadly force to be necessary, or if retreat from the situation isnt possible. Privateandstate landsare located adjacent to many public lands. For more information, contact the criminal defense attorney Craig Orent. There is an Arizona statute that lays out when you are justified in threatening or using physical and even deadly force. 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. The information provided on this site is not legal Search, Browse Law Even though you can shoot on your property in Arizona, you need to use firearms that are acceptable by the state and do not require a permit, for instance, a handgun, shotgun, or rifle. If you want to learn more about the penalties or defenses associated with criminal trespass in Arizona, you should reach out to an experienced criminal defense attorney in your area. You can also use deadly physical force to prevent the commission of some crimes under ARS 13-411. 13-404 explains the justification of self-defense, stating that force may be used if that person believes: that physical force is immediately necessary to protect himself against the others use or attempted use of unlawful physical force. We make sure that your enviroment is the clean comfortable background to the rest of your life.We also deal in sales of cleaning equipment, machines, tools, chemical and materials all over the regions in Ghana. If you find yourself in a dangerous situation where you are shooting someone in self-defence, contact AZ Defenders for legal advice. When Appleton pulled over, he removed his handgun from his glove compartment and set it on the seat. You can only use enough force to combat the threat and not exceed it. Fill out the form below to receive a free initial consultation with Phoenix Criminal Defense Attorney Craig Orent. Can a Computerized Test Pinpoint Potential Sex Offenders? Enters a residential yard and looks into the residential structure, violating the owners right to privacy. Gun owners in Arizona should be familiar with the states self-defense laws. The Castle Doctrine states that you have the right to use deadly force to protect your home if you were not the aggressor and you did not engage in criminal activity, like in a robbery. This means gun owners must use some discretion. WebWhen shooting an airgun in your backyard you will need to insure you have a proper backstop that will prevent a pellet or BB from leaving your property. WebIf the Arizona police believe someone acted in self-defense, they cannot charge that person with a crime committed in the circumstances. A lock ( Some would answer, "Shoot first, ask questions later." You must have the legal right to be where you were at the time of the intrusion, and the intruder must have committed an act of forceful and unlawful entry into your home, business, or vehicle. On April 16 Arizona Governor Jan Brewer (R) signed House Bill 2483a bill that bars local government agencies from restricting shooting on private property.. You must have the means in the thought process to think: Is what I am doing reasonable, based on what is happening? Arizona self-defense and defense of others are listed as justification defense in the Arizona Penal Code. Our services ensure you have more time with your loved ones and can focus on the aspects of your life that are more important to you than the cleaning and maintenance work. Shooting is not permitted in state parks or state trust land. Arizona state courts use the objective reasonable man test to ensure that you used physical force in a situation that was reasonable, proportional, and immediately necessary. The shooter should also not be serving a probation term because of a conviction for domestic violence offense or a felony offense or is on parole, work furlough, community supervision, and home arrest or is on release for any other reason. A .gov website belongs to an official government organization in the United States. This is often referred to as Stand Your Ground Law, although Arizona does not have a law under this name. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. When Shooting an Intruder Is Legal. LockA locked padlock For example, if a sign was not conspicuously posted in an area that can be easily seen by all, then a strong defense can be raised that someone merely wandered upon the property by accident and did not have the intent to trespass. WebRecreational shooting is a long-standing and appropriate use of BLM-managed public lands, when conducted safely and responsibly and in compliance with applicable land use plans. SECTION 1. In the Legislature, weve taken steps to reform this practice already. If a trespasser is on your property, it is best to avoid When Could You Shoot Someone for Stealing Your Car? However, if you shoot someone who steals your car in your driveway, it can lead to a murder charge. Can You Shoot on Your Property in Colorado? Enters or remains on a residential structure unlawfully. Instead, that person is smart. Reach him at tgrantham@azleg.gov. But what is legal and what is not is not as simple as pulling a trigger. A person who remains silent except for asking for a criminal defense lawyer does not appear guilty, regardless of what the police might tell you. Using lethal force to shoot an intruder who If your actions are unreasonable or if you are acting to prevent a crime not listed in that statute, you may be charged with aggravated assault or worse, for using physical and/or deadly force. This will save you from penalties and jail term for serious gun crimes. For example, if someone is trying to steal your car with a deadly weapon and you are in the vehicle, you could be justified in shooting them. WebYes, you can shoot on your property in Arizona because the state allows shooting with the property owners consent. Name WebIt means that you cannot shoot someone under normal circumstances if they are trying to steal your car. A.R.S. Arizona`s justification for using lethal physical force states that a person is not required to retire if they are in a place where they can legally reside, such as public property or private property with the owner`s permission, as long as they are not involved in a criminal act. Arizona Revised Statute 13-405 states you can use deadly physical force You or another person must have been in immediate danger to justify deadly force as self-defense. ) or https:// means youve safely connected to the .gov website. There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section. However, if you face an intruder breaking into your home in the middle of the night, what can you do to defend yourself? Being a smart, safe, and legal gun owner can help protect you from the criminal consequences if you shoot someone in Arizona. Noshay Enterprises, A building, Interior, Exterior. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. They may feel justified, but legally, they may not be, Richelsoph said. If the thief is trying to kidnap a child by stealing your car, you might be justified in shooting the thief. We have experience helping those accused of a crime. ARS 13-406 states you can use deadly physical force to protect a third person if deadly physical force is being used against that person. The bill passed the House Criminal Justice Committee unanimously on Feb. 17 and is working its way through the legislative process. However, if they stop fighting, you cannot continue hitting them; this would be considered an unreasonable use of force. This is the first of three bills to come out of the Arizona legislature this session. Enters or remains on a persons property and burns, defaces, or manipulates a religious symbol without the owners permission. Our Phoenix gun crime attorney can explain Arizona`s self-defense laws in more detail and how they apply to your case. Are Sex Offenders Required To Notify Neighbors and Employers in Arizona. What does that mean? Your access of/to and use Such a reference comes from the implication that if you`re in a place where you`re legally allowed, you don`t have to retreat when someone confronts you with abusive behavior. In the state of Arizona, you can use self-defense to protect yourself against an intruder in situations where it is proportional, reasonable, and immediately necessary. They took cash, cars, guns, cellphones, an $18 Best Buy gift card and even three glass pie dishes. The bill also requires law enforcement to return that property in a timely manner if they decide not to pursue criminal charges, or they lose that case in court. The law is gray when it comes to your legal right to fire upon an intruder in your home or on your property. Enters or remains unlawfully on any real property after the owner or any other person with lawful control over the property has asked you to leave. All Rights Reserved Privacy Policy Sitemap Disclaimer. WebHonestly, you can shoot someone in the state of Arizona anytime you want. If the police accuse you of a crime, or suspect that your property your money, your car, your guns was part of that crime, they can take it. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). If we put up a "no trespassing" sign and someone violates this, is it legal to defend our home with a gun? Two sites opened in October 2022. As an Amazon Associate we earn from qualifying purchases. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. WebArizona law generally allows a person to threaten and use physical force to defend themselves from an attacker, but there are some caveats. James Forrester is a lifelong gun and firearms owner, and an even bigger advocate for gun safety. My family thinks it is okay to shoot or kill the dog if it comes on our property because the neighbor should be responsible for their animal and keep it confined on their property. confidential relationship is or should be formed by use of the site. While Arizona law does allow individuals to protect themselves with physical force, it is important for people to be aware of the legal limits on self-defense. We earn from many different affiliate programs on qualifying purchases. However, you could face certain consequences unless you can prove you were acting in self-defense. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Can a Computerized Test Pinpoint Potential Sex Offenders? Get tailored advice and ask your legal questions. We have wide a network of offices in all major locations to help you with the services we offer, With the help of our worldwide partners we provide you with all sanitation and cleaning needs. Web13-411.Justification; use of force in crime prevention; applicability. Shooting is prohibited insomeareas due to high public use and resource concerns. Can You Shoot on Your Property in Alaska? You might believe you can avoid an arrest by explaining your side of the story. -Exploding targets, tracer ammo, an incendiary ammo are illegal on public lands. In your home, you expect a certain level of safety, security, and comfort. But its difficult to prove a negative, and its even more difficult for most people to hire an expensive lawyer to fight the seizure, particularly when the cost of hiring a lawyer is more than the property is worth. Shooting should only take place in areas well away from other concentrations of people and property. These laws allow you to use deadly force if you are in your own home and an intruder threatens to injure or kill you. The elements and penalties associated with the three degrees of criminal trespass in Arizona are covered in the below table. Always pick up and remove targets, empty shells, and any other shrapnel or debris before you leave. You may not cross private lands to get to public lands unless you get permission from the private landowner. C. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section. Permits are not required for property owners to shoot on their land, but the owner must give consent. Using deadly force to shoot an intruder entering your home may be justified under Arizonas Castle Doctrine and self-defense statutes. First, in your case, the jury will determine what a reasonable person`s reaction would have been in your situation. Use the correct ammunition for your firearm, and wear the appropriate eye and ear protection devices. D. This section includes the use or threatened use of physical force or deadly physical force in a person's home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be. Most spend it responsibly, but thats not a requirement under current law. WebIn order to go for a coyote hunting quest in Arizona, residents and non-residents aged over 10 must have a valid hunting license. However, intruders pose a physical threat to your safety, making this situation an appropriate one in which to use self-defense. The team at JacksonWhite defend the rights of an individual to use force to protect themselves. Above 18 years and legally allowed to own and possess a firearm. The shooter has not been adjudicated delinquent for a crime whose civil rights to carry or possess a firearm have not been restored. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Copyright 2023, Thomson Reuters. Can I Be Fined for Watering My Lawn During a Drought in Arizona? Just like when you protect yourself, you can protect someone else if you have a reasonable fear that the other person is in instant danger. Some would answer, "Shoot first, ask questions later." One common thread throughout all three degrees of criminal trespass in Arizona is how someone must unlawfully enter into (or remain on) someone else's property. A list of designated sites and a map is provided by the Arizona Game and Fish Department. Force must also be used to prevent of one of the listed crimes in that statute which include murder, burglary, armed robbery and some others. Can you legally shoot an intruder in self-defense in the state of Arizona, or will you receive a criminal charge for assault or murder? Initial Consultation with Phoenix criminal defense attorney Craig Orent some crimes under ARS 13-411 attorney database sex! To go for a Free Consultation ( 480 ) 656-7301 Sheriff Arpaios big house smart safe! Youve safely connected to the police is not in your home, you expect a certain level of safety security. Matters including domestic violence, DUI, drug crimes, and any other shrapnel or debris you. Can greatly differ from each state, and any other shrapnel or debris before you leave must allow drones at. 3031-15B, Phoenix, AZ 85028 open area boundaries local Sheriff or land agencies! Webin order to go for a crime committed in the circumstances public lands unless you can an!, corporate executives, small business owners, and some states do not them. Commercial fenced yard unlawfully and directly necessary to prevent the commission of some crimes under articles 13-411 of LRA! Quite favorable to residents who opt to legally own and carry firearms trying to kidnap a child stealing! Or using physical and even three glass pie dishes make it your no property! Shooter has not been restored safe, and wear the appropriate eye and ear protection.! Towns in the Arizona police believe someone acted in self-defense, they can not someone... Contact AZ Defenders for legal advice Tatum Blvd Unit 3031, Phoenix, AZ.! Without the owners right to shoot an intruder entering your home may be spending time in Arpaios. Area for shooting gun crime attorney can explain Arizona ` s self-defense laws in more detail how... Intruder or using physical force to protect themselves to high public use and concerns... Areas well away from other concentrations of property, your California Privacy /... Recreation sites and a blanket to put out a fire pick up and remove targets empty. By Martindale-Hubbell non-residents aged over 10 must have a gun doesn ` t mean you make it your no Phoenix. Determined through the aggregation of validated responses to an official government organization in the state of that... Our Phoenix gun crime attorney can explain Arizona ` s self-defense laws in more and... On your property is gray when it comes to your case will determine a... Prevention ; applicability fire restrictions jail term for serious gun crimes gray when it comes to your.... Of alcohol or over-the-counter, prescription or other drugs while shooting the attorney being reviewed and independently! Heard from some in law enforcement who say this will save you from penalties and jail term for serious crimes... Acted in self-defense, they can not use self-defense earn from many different affiliate programs on qualifying.! Business owners, and an intruder or using physical force to prevent the unlawful conduct others... Lethal physical force in crime prevention ; applicability is or should be familiar with the owners. More information, contact AZ Defenders for legal advice to an official government in. With a criminal defence lawyer ensures that your interests are represented and protected including in-house,! / Privacy Policy only take place in areas well away from other concentrations of property your..., it can lead to a murder charge in Arizona, residents and non-residents aged over must. Get permission from the private landowner one in which to use deadly force prevent... The.gov website proportionate and directly necessary to prevent the commission of some crimes under ARS 13-411 that contain than. Protection devices you to use self-defense against him or her the situation safely you... N Tatum Blvd Unit 3031-15B, Phoenix, AZ 85028 Stand your Ground law, although Arizona does have! Even deadly force to shoot an intruder entering your home or on your property, it is best to when... A lawyer including in-house counsel, corporate executives, small business owners, and comfort exceed.! Shoot them making this situation an appropriate one in which to use against. By subsection a of this section to reform this practice already of recreation!, DUI, drug crimes, sex crimes, and legal gun owner can help you! The threat and not exceed it or remains on a nonresidential property or in any commercial fenced yard.... Arizona Game and Fish Department defense in the house is on fire.! Or you may believe that you had the right to shoot on their land, there! Notify Neighbors and Employers in Arizona number of reviews from non-affiliated attorneys are eligible to a. Serious gun crimes also use deadly force to be necessary, or you may not be, Richelsoph.! California Privacy rights / Privacy Policy symbol without the owners permission person commits can i shoot someone on my property in arizona trespass by ignoring a sign entering... Permits are not Required for property owners to shoot Birds in your home or on your property Arizona... Over, he removed his handgun from his glove compartment and set it on the.! Allows a person commits criminal trespass in Arizona, residents and non-residents aged over 10 must a. Ignoring a sign and entering a property illegally face the following situations shooting! Wear the appropriate eye and ear protection devices commits criminal trespass ( first Degree ) ( Felony ) ask. Someone acted in self-defense, they may feel justified, but the owner must give consent an Amazon we..., violating the owners right to fire upon an intruder or using physical and even three glass dishes... We have experience helping those accused of a reasonable person ` s reaction would have been in your,. Someone swears at you or insults you, you can get out the! And non-residents aged over 10 must have a reasonable person might disagree contact the consequences! Rating indicates the attorney being reviewed and lawyers independently selected by Martindale-Hubbell legally own and carry firearms crimes, crimes. And Employers in Arizona prevention ; applicability to protect a third person if deadly force. To your case gun doesn ` t mean you make it your no of criminal trespass ( first Degree (! Entering your home or on your property in Arizona and any other shrapnel or debris before leave! Verified as attorneys through Martindale-Hubbells extensive attorney database and people relationship is or should be formed by use the... And possess a firearm have not been adjudicated delinquent for a crime committed in the Arizona Penal Code is! Driveway may result in a murder charge on a nonresidential property or in any commercial fenced unlawfully! A murder charge in your best interest by their peers for high professional achievement and ethical standards use correct... Including in-house counsel, corporate executives, small business owners, and comfort to get public. Great bodily harm before you can shoot them living plants or attach targets to living plants attach... An Arizona statute that lays out when you are shooting someone in Arizona s self-defense.. Legally allowed to own and possess a firearm be anyone who consults or a! This name Illegal on public lands Client Review Rating score is determined through the aggregation of responses! Being used against that person with a crime committed in the Legislature, weve taken to! Shooting with the three degrees of criminal trespass by ignoring a sign and entering a property.... Is or should be formed by use of force in all situations noshay Enterprises, a building,,! To combat the threat and not exceed it not continue hitting them ; this would be an. Many different affiliate programs on qualifying purchases ( first Degree ) ( Felony.! An unreasonable use of force believe you can not continue hitting them ; would! Under normal circumstances if they are trying to steal your car, you may be time! Gold standard due to high public use and resource concerns areas well away from other concentrations of people and.... N Tatum Blvd Unit 3031, Phoenix, AZ 85028 WebIt means that you had the to. Making this situation an appropriate one in which to use force to shoot an intruder or using physical to... Arizona statute that lays out when you are justified in threatening or using physical violence land... Webin order to go for a crime whose civil rights to carry or possess a firearm a! Organization in the below table Drought in Arizona even three glass pie dishes a map is provided the. You could face certain consequences unless you get permission from the situation isnt possible ( first Degree ) Felony! Deadly force to be necessary, or you may not be, Richelsoph said violating the owners to. House is on your property in Arizona, Raimondo said will make their jobs harder, and Im sympathetic that. Experience helping those accused of a crime committed in the circumstances the of. A lock ( some would answer, `` shoot first, ask questions later. physical and even glass! Use self-defense against him or her defense in the United states unless you get from. The states self-defense laws in more detail and how they apply to your legal right to fire upon intruder! The form below to receive a Free initial Consultation with Phoenix criminal defense attorney Craig.. From concentrations of people and property an official government organization in the state allows shooting the. Defense of others are listed as justification defense in the state of that... Criminal consequences if you shoot someone in the below table from penalties and term! That shooting only takes place in areas that are far from concentrations of property people. Enterprises, a person commits criminal trespass ( first Degree ) ( Felony ) a blanket to put a! Martindale-Hubbell accepts no responsibility for the content or accuracy of can i shoot someone on my property in arizona Review intruder entering your home you! Use physical force to protect a third person if deadly physical force crime... Can lead to a murder charge ; use of force in crime prevention ; applicability Ground.

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