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 Washington Background Check Process 
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The purpose of this thread is to document the background check process that occurs when a Washington state resident buys a gun at a Washington state FFL (Federal Firearms Licensee).

The following processes apply regardless of whether you are buying a gun from an FFL, doing a transfer (such as for an online purchse) through an FFL, or you are doing a private transfer. This does not address purchase/transfer of NFA items such as short-barreled rifles and silencers.

Shotgun, a rifle that is not semi-automatic, or "other" (e.g., a receiver)

1) Buyer fills out federal 4473 form.
2) FFL submits the 4473 information to NICS (National Instant Criminal Background Check System), either by phone or internet.
3) NICS provides one of three responses:
- Proceed: The buyer takes the gun and the sale is concluded.
- Delay: The NICS system needs more time to make a determination. The FFL keeps the gun until NICS provides a determination, or until after ten business days have passed without a response (see Note 1), at which point the FFL legally may give the gun to the buyer, but is not required to do so.
- Deny: The sale may not proceed, as the buyer has been deemed ineligible to buy a firearm. In the case of a "deny" response, the FFL is required to notify the Washington State Patrol.

Handgun
1) Buyer fills out federal 4473 form and Washington state firearm transfer application (FTA).
2) FFL submits the FTA form to the buyer's local law enforcement agency (LEA) to conduct the state background check.
3) The LEA will notify the FFL that the application has been approved, denied, or placed on hold (see Note 2).
4) The FFL notifies the buyer that the handgun may be picked up once the application has been approved or after 10 complete business days after submittal of the FTA, whichever comes first, unless a hold has been placed on the application by the LEA. If a hold is placed, the handgun cannot be transferred until the application is approved. (See Note 3.)
5) When the buyer arrives to pick up the handgun, he/she must sign another section of the original 4473 to show that the gun has been transferred on a date other than the date on the original 4473.
6) FFL submits a copy of the completed FTA to the firearms section of the Department of Licensing within seven days of the buyer receiving the handgun.

Semi-automatic rifle
1) Within five years prior to the transfer, the buyer must take a qualifying class to meet the requirements of Initiative 1639. One such class is provided by Sporting Systems in Vancouver, and can be found online here.
2) Buyer fills out federal 4473 form and Washington state firearm transfer application (FTA). Some FFLs may request to see proof that a qualifying class has been taken.
3) FFL submits the FTA form to the buyer's local law enforcement agency (LEA) to conduct the state background check.
4) The LEA will notify the FFL that the application has been approved, denied, or placed on hold (see Note 2).
5) The buyer may pick up the semi-automatic rifle after 10 complete business days after submittal of the FTA (and no sooner, even if the application has already been approved by the LEA), unless a hold has been placed on the application by the LEA. If a hold is placed, the rifle cannot be transferred until the application is approved. (See Note 3.)
6) When the buyer arrives to pick up the rifle, he/she must sign another section of the original 4473 to show that the gun has been transferred on a date other than the date on the original 4473.
7) FFL submits a copy of the completed FTA and an $18 fee to the firearms section of the Department of Licensing within seven days of the buyer receiving the rifle. The fee is typically paid by the buyer.


Note 1: Per federal law, in the event of a NICS delay the firearm may be released after three business days. However, Washington state law extends that to ten business days per RCW 9.41.092 (1)(b):

RCW 9.41.092 (1)(b) wrote:
(1) Except as otherwise provided in this chapter and except for semiautomatic assault rifles under subsection (2) of this section, a licensed dealer may not deliver any firearm to a purchaser or transferee until the earlier of:
(a) The results of all required background checks are known and the purchaser or transferee (i) is not prohibited from owning or possessing a firearm under federal or state law and (ii) does not have a voluntary waiver of firearm rights currently in effect; or
(b) Ten business days have elapsed from the date the licensed dealer requested the background check. However, for sales and transfers of pistols if the purchaser or transferee does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, then the time period in this subsection shall be extended from ten business days to sixty days.


Note 2: Reference RCW 9.41.090 (5). Take note of the specific reasons why the LEA is allowed to initiate a hold:

RCW 9.41.090 (5) wrote:
(5) In any case where the chief or sheriff of the local jurisdiction, or the state pursuant to subsection (3)(b) of this section, has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for an offense making a person ineligible under RCW 9.41.040 to possess a firearm, or (e) an arrest for an offense making a person ineligible under RCW 9.41.040 to possess a firearm, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a firearm, the local jurisdiction or the state may hold the sale and delivery of the pistol or semiautomatic assault rifle up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court, superior court, or municipal court for good cause shown. A dealer shall be notified of each hold placed on the sale by local law enforcement or the state and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.


A hold may not be initiated simply because the LEA wants more time to process the application, or for any reasons other than those listed in the RCW.

Note 3: The FFL is required to release the handgun or rifle to the buyer after 10 complete business days after submittal of the FTA if the LEA has not provided a response. Reference RCW 9.41.090 (6)(c):

RCW 9.41.090 (6)(c) wrote:
The dealer shall deliver the pistol or semiautomatic assault rifle to the purchaser following the period of time specified in this chapter unless the dealer is notified of an investigative hold under subsection (5) of this section in writing by the chief of police of the municipality, the sheriff of the county, or the state, whichever is applicable, or of the denial of the purchaser's application to purchase and the grounds thereof.


Note the words "shall deliver" -- it is not discretionary. As for "the period of time specified in this chapter," that is specified in RCW 9.41.090 (1)(b), and merely points to RCW 9.41.092:

RCW 9.41.090 (1)(b) wrote:
(1) In addition to the other requirements of this chapter, no dealer may deliver a pistol to the purchaser thereof until:
(a) The dealer is notified in writing by (i) the chief of police or the sheriff of the jurisdiction in which the purchaser resides that the purchaser is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is approved by the chief of police or sheriff; or (ii) the state that the purchaser is eligible to possess a firearm under RCW 9.41.040, as provided in subsection (3)(b) of this section; or
(b) The requirements or time periods in RCW 9.41.092 have been satisfied.


That time period is defined in RCW 9.41.092 (1)(b); note that it is extended to sixty days in certain cases:

RCW 9.41.092 (1)(b) wrote:
(b) Ten business days have elapsed from the date the licensed dealer requested the background check. However, for sales and transfers of pistols if the purchaser or transferee does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, then the time period in this subsection shall be extended from ten business days to sixty days.

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Sun Jul 26, 2020 12:32 pm
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This thread replaces an earlier one that did not address the changes made per Initiative 1639, or the later changes to the handgun purchase process.

If you think that something in the post above is unclear, incomplete or incorrect, PLEASE CHIME IN! I want this to be a resource for us, and I don't know it all!

And yes, we know that some dealers will not release a firearm until they receive an approved background check, regardless of what the RCW says. Let's not turn this thread into a debate about that . . . it is what it is, for now.

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Please support the organizations that support all of us.

Leave it cleaner than you found it.


Sun Jul 26, 2020 8:08 pm
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The $18 S.A.R. fee goes to the state and is additional to any transfer fees the FFL may charge.

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Sun Jul 26, 2020 8:17 pm
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jukk0u wrote:
The $18 S.A.R. fee goes to the state and is additional to any transfer fees the FFL may charge.


Yup.

Quote:
7) FFL submits a copy of the completed FTA and an $18 fee to the firearms section of the Department of Licensing within seven days of the buyer receiving the rifle. The fee is typically paid by the buyer.


Es claro, no?

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Please support the organizations that support all of us.

Leave it cleaner than you found it.


Sun Jul 26, 2020 8:58 pm
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MadPick wrote:
jukk0u wrote:
The $18 S.A.R. fee goes to the state and is additional to any transfer fees the FFL may charge.


Yup.

Quote:
7) FFL submits a copy of the completed FTA and an $18 fee to the firearms section of the Department of Licensing within seven days of the buyer receiving the rifle. The fee is typically paid by the buyer.


Es claro, no?


Didn't mention the fees paid to the business owner in addition to the state fee, is all I meant to point out, ess-eh.

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"I love to sniff jukk0u's Crack!" ~ usrifle

“A return to First Principles in a Republic is sometimes caused by simple virtues of a single man. His good example has such an influence that the good men strive to imitate him, and the wicked are ashamed to lead a life so contrary to his example. Before all else, be armed!” ~ Niccolo Machiavelli


Sun Jul 26, 2020 9:11 pm
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Put one in on 7/30 still no answer, one on 8/3, just picked that one up. there is no rhyme or reason.

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Fri Aug 07, 2020 2:10 pm
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Gasitman wrote:
Put one in on 7/30 still no answer, one on 8/3, just picked that one up. there is no rhyme or reason.


It doesn't rhyme, but the reason is to deter you from buying firearms.
Like the NFA.
Taxes and wait periods.

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Fri Aug 07, 2020 2:49 pm
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And this came in teh email today....Enjoy...

"This message is from the Washington State Patrol. DOL is consulting with them as they develop their single point of contact background check system. Please read carefully, and if you have any questions please contact them or at the email NICSRequest@wsp.wa.gov.

Dear FFL's,

As many of you are aware, the Washington State Legislature passed legislation (in the form of E2SHB 2467, https://app.leg.wa.gov/billsummary?Bill ... tive=false) to establish Washington as a centralized, single point-of-contact state for firearms background checks, with responsibility for the checks residing at the Washington State Patrol (WSP). The Legislature directed WSP to prepare an implementation plan and present the plan to the Governor and Legislature by December 1, 2020. WSP has been developing this plan since early May. We are reaching out to the firearms dealer community in the state today to brief you on the status of the planning effort and to invite your input.

WSP engaged a team of consultants with deep expertise in background check policy and technology and familiarity with how firearms background checks are performed at the FBI and in the twelve other point-of-contact states. The consultant team has thoroughly explored the implementation of centralized programs in these other states, including interviewing the public officials that manage them and observing demonstrations of their supporting technology. We conducted a Request for Information (RFI) to invite the software vendor community to share its ideas about how to support the new program with effective technology; ten vendors responded to the request with detailed information on how their solutions could meet the needs of the program. We have analyzed data on the daily volume of background checks conducted in Washington over the past three years in an effort to forecast not only overall annual volume, but to get a sense of the "peaks and valleys" throughout the year. All of this information has fed into the creation of a data-driven plan for staffing, facilities, technology, and policy for the new program.

We recognize that firearms dealers will be the primary users of this program. Much of our information gathering with the twelve current point-of-contact states has focused on what has worked well and what could be improved in service to the dealers that use their systems every day. We believe we have identified a process, and supporting technology, that optimize efficiency and information flow back to the dealers, enabling you to better serve your customers while protecting public safety and adhering to all state and Federal legal requirements. Under the new program, an FFL will initiate a check by logging into a secure website and submitting the buyer's information from the ATF 4473 form and state Firearm Transfer Application form (if the firearm is a handgun or semi-automatic rifle). For dealers that prefer not to use the web form, a phone number will be available to submit the background check request. Dealers can log into the web site at any time to check on the status of pending checks, and the system will notify them proactively when the status of their checks change. Behind the scenes, the system will distribute the buyer's information to the required data sources with Federal and state agencies to complete the check. Based upon the experience of other states, we expect that around 60-70 percent of checks will require some manual review by staff at WSP prior to final disposition; the system will forward these to a queue managed by the background check staff in the new program division at WSP, from which the staff will research and proceed to complete the check. A significant benefit of the new centralized system for FFLs is that you will now have a single place to submit all background checks, including long guns and “other” firearms, regardless of the jurisdiction where the transferee resides.

This description of the background check process is understandably high-level, as many of the details will be worked out during the implementation of the program. It is important to us that the voice of FFLs be heard in the development and implementation of this program. To this end, we'd like to convene a focus group of volunteers to provide us with some input between now and November, and to remain engaged throughout the implementation as more details take shape. We will be reaching out via email to those of you who participated in the effort last year led by the Department of Licensing to see if you wish to serve in this capacity. If any FFL representative who did not participate in DOL's effort would like to be part of the focus group, please email NICSRequest@wsp.wa.gov so we can follow up.

Thank you for working with us to implement an effective centralized point-of-contact background check program for the State of Washington.

Kateri Candee
Assistant Division Commander
ACCESS & Collision Records Sections
Washington State Patrol
Criminal Records Division
Office: (360) 534-2103
VoIP: 16103"

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Mon Aug 17, 2020 4:56 pm
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Nitro_Guns wrote:
And this came in teh email today....Enjoy...

"This message is from the Washington State Patrol. DOL is consulting with them as they develop their single point of contact background check system. Please read carefully, and if you have any questions please contact them or at the email NICSRequest@wsp.wa.gov.

Dear FFL's,

As many of you are aware, the Washington State Legislature passed legislation (in the form of E2SHB 2467, https://app.leg.wa.gov/billsummary?Bill ... tive=false) to establish Washington as a centralized, single point-of-contact state for firearms background checks, with responsibility for the checks residing at the Washington State Patrol (WSP). The Legislature directed WSP to prepare an implementation plan and present the plan to the Governor and Legislature by December 1, 2020. WSP has been developing this plan since early May. We are reaching out to the firearms dealer community in the state today to brief you on the status of the planning effort and to invite your input.

WSP engaged a team of consultants with deep expertise in background check policy and technology and familiarity with how firearms background checks are performed at the FBI and in the twelve other point-of-contact states. The consultant team has thoroughly explored the implementation of centralized programs in these other states, including interviewing the public officials that manage them and observing demonstrations of their supporting technology. We conducted a Request for Information (RFI) to invite the software vendor community to share its ideas about how to support the new program with effective technology; ten vendors responded to the request with detailed information on how their solutions could meet the needs of the program. We have analyzed data on the daily volume of background checks conducted in Washington over the past three years in an effort to forecast not only overall annual volume, but to get a sense of the "peaks and valleys" throughout the year. All of this information has fed into the creation of a data-driven plan for staffing, facilities, technology, and policy for the new program.

We recognize that firearms dealers will be the primary users of this program. Much of our information gathering with the twelve current point-of-contact states has focused on what has worked well and what could be improved in service to the dealers that use their systems every day. We believe we have identified a process, and supporting technology, that optimize efficiency and information flow back to the dealers, enabling you to better serve your customers while protecting public safety and adhering to all state and Federal legal requirements. Under the new program, an FFL will initiate a check by logging into a secure website and submitting the buyer's information from the ATF 4473 form and state Firearm Transfer Application form (if the firearm is a handgun or semi-automatic rifle). For dealers that prefer not to use the web form, a phone number will be available to submit the background check request. Dealers can log into the web site at any time to check on the status of pending checks, and the system will notify them proactively when the status of their checks change. Behind the scenes, the system will distribute the buyer's information to the required data sources with Federal and state agencies to complete the check. Based upon the experience of other states, we expect that around 60-70 percent of checks will require some manual review by staff at WSP prior to final disposition; the system will forward these to a queue managed by the background check staff in the new program division at WSP, from which the staff will research and proceed to complete the check. A significant benefit of the new centralized system for FFLs is that you will now have a single place to submit all background checks, including long guns and “other” firearms, regardless of the jurisdiction where the transferee resides.

This description of the background check process is understandably high-level, as many of the details will be worked out during the implementation of the program. It is important to us that the voice of FFLs be heard in the development and implementation of this program. To this end, we'd like to convene a focus group of volunteers to provide us with some input between now and November, and to remain engaged throughout the implementation as more details take shape. We will be reaching out via email to those of you who participated in the effort last year led by the Department of Licensing to see if you wish to serve in this capacity. If any FFL representative who did not participate in DOL's effort would like to be part of the focus group, please email NICSRequest@wsp.wa.gov so we can follow up.

Thank you for working with us to implement an effective centralized point-of-contact background check program for the State of Washington.

Kateri Candee
Assistant Division Commander
ACCESS & Collision Records Sections
Washington State Patrol
Criminal Records Division
Office: (360) 534-2103
VoIP: 16103"

So, is this good or bad?

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Mon Aug 17, 2020 4:59 pm
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AR15L wrote:
Nitro_Guns wrote:
And this came in teh email today....Enjoy...

Spoiler: show
"This message is from the Washington State Patrol. DOL is consulting with them as they develop their single point of contact background check system. Please read carefully, and if you have any questions please contact them or at the email NICSRequest@wsp.wa.gov.

Dear FFL's,

As many of you are aware, the Washington State Legislature passed legislation (in the form of E2SHB 2467, https://app.leg.wa.gov/billsummary?Bill ... false) to establish Washington as a centralized, single point-of-contact state for firearms background checks, with responsibility for the checks residing at the Washington State Patrol (WSP). The Legislature directed WSP to prepare an implementation plan and present the plan to the Governor and Legislature by December 1, 2020. WSP has been developing this plan since early May. We are reaching out to the firearms dealer community in the state today to brief you on the status of the planning effort and to invite your input.

WSP engaged a team of consultants with deep expertise in background check policy and technology and familiarity with how firearms background checks are performed at the FBI and in the twelve other point-of-contact states. The consultant team has thoroughly explored the implementation of centralized programs in these other states, including interviewing the public officials that manage them and observing demonstrations of their supporting technology. We conducted a Request for Information (RFI) to invite the software vendor community to share its ideas about how to support the new program with effective technology; ten vendors responded to the request with detailed information on how their solutions could meet the needs of the program. We have analyzed data on the daily volume of background checks conducted in Washington over the past three years in an effort to forecast not only overall annual volume, but to get a sense of the "peaks and valleys" throughout the year. All of this information has fed into the creation of a data-driven plan for staffing, facilities, technology, and policy for the new program.

We recognize that firearms dealers will be the primary users of this program. Much of our information gathering with the twelve current point-of-contact states has focused on what has worked well and what could be improved in service to the dealers that use their systems every day. We believe we have identified a process, and supporting technology, that optimize efficiency and information flow back to the dealers, enabling you to better serve your customers while protecting public safety and adhering to all state and Federal legal requirements. Under the new program, an FFL will initiate a check by logging into a secure website and submitting the buyer's information from the ATF 4473 form and state Firearm Transfer Application form (if the firearm is a handgun or semi-automatic rifle). For dealers that prefer not to use the web form, a phone number will be available to submit the background check request. Dealers can log into the web site at any time to check on the status of pending checks, and the system will notify them proactively when the status of their checks change. Behind the scenes, the system will distribute the buyer's information to the required data sources with Federal and state agencies to complete the check. Based upon the experience of other states, we expect that around 60-70 percent of checks will require some manual review by staff at WSP prior to final disposition; the system will forward these to a queue managed by the background check staff in the new program division at WSP, from which the staff will research and proceed to complete the check. A significant benefit of the new centralized system for FFLs is that you will now have a single place to submit all background checks, including long guns and “other” firearms, regardless of the jurisdiction where the transferee resides.

This description of the background check process is understandably high-level, as many of the details will be worked out during the implementation of the program. It is important to us that the voice of FFLs be heard in the development and implementation of this program. To this end, we'd like to convene a focus group of volunteers to provide us with some input between now and November, and to remain engaged throughout the implementation as more details take shape. We will be reaching out via email to those of you who participated in the effort last year led by the Department of Licensing to see if you wish to serve in this capacity. If any FFL representative who did not participate in DOL's effort would like to be part of the focus group, please email NICSRequest@wsp.wa.gov so we can follow up.

Thank you for working with us to implement an effective centralized point-of-contact background check program for the State of Washington.

Kateri Candee
Assistant Division Commander
ACCESS & Collision Records Sections
Washington State Patrol
Criminal Records Division
Office: (360) 534-2103
VoIP: 16103"

So, is this good or bad?


That's the dumbest question I've heard all day.
The state is claiming that a brand new system, developed by the state, will be efficient, user-friendly, and customer-oriented, while maintaining an emphasis on "public safety."
Bad. The answer is bad.
I anticipate a total shitshow with bugs abound.

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Mon Aug 17, 2020 5:32 pm
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Well to be fair you would have to read it to know the answer. It's pretty long... ;)

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Mon Aug 17, 2020 5:53 pm
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Quote:
we expect that around 60-70 percent of checks will require some manual review by staff at WSP prior to final disposition

That doesn't sound very advanced or optimized to me....


Tue Aug 18, 2020 6:19 am
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" Based upon the experience of other states, we expect that around 60-70 percent of checks will require some manual review by staff at WSP prior to final disposition; the system will forward these to a queue managed by the background check staff in the new program division at WSP, from which the staff will research and proceed to complete the check."
Bullshit!
If they wanted the system to work, it would be an instant reply system using the info readily available via computer criminal databases .
Just like when a cop runs your ID, no wants/warrants, nothing outstanding? Have a nice day , here's your speeding ticket...


Tue Aug 18, 2020 1:12 pm
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Tank674 wrote:
" Based upon the experience of other states, we expect that around 60-70 percent of checks will require some manual review by staff at WSP prior to final disposition; the system will forward these to a queue managed by the background check staff in the new program division at WSP, from which the staff will research and proceed to complete the check."
Bullshit!
If they wanted the system to work, it would be an instant reply system using the info readily available via computer criminal databases .
Just like when a cop runs your ID, no wants/warrants, nothing outstanding? Have a nice day , here's your speeding ticket...

:ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO:

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Tue Aug 18, 2020 1:59 pm
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Massivedesign wrote:
Quote:
we expect that around 60-70 percent of checks will require some manual review by staff at WSP prior to final disposition

That doesn't sound very advanced or optimized to me....

I guess it’s better than 100% :facepalm2:


Thu Aug 20, 2020 12:59 pm
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