Posts Tagged ‘drug cartels’

Obama Executive Order Cannot Legally Enact Rifle-Reporting Law

July 14, 2011

Effort to Bypass Congress Is Illegitimate, Experts Say

Similar Laws Have Required Bills, Open Debate, Recorded Votes

News Media Asleep at the Wheel, Reporting Without Questioning

Firearm Owners Protection Act Bans Such Proposals Altogether

Congress Already Rejected Reporting for Long Guns

If this stands up, limits on power fall apart — Is that the true goal of Project Gunrunner?

The effort by the Obama administration to establish new gun law by executive order is not a legal method for enacting law in the United States, according to Alan Korwin, a national expert on gun law and author of nine books on the subject. Other experts agree that such a measure requires an act of Congress, and cannot legitimately be implemented by executive order, as Mr. Obama is attempting to do.

“We already have rapid-reporting requirements for multiple firearm sales, for handguns,” Mr. Korwin notes, “and this required Congress to draft and enact a statute, which became federal law 18 U.S.C. §923(g). It’s not legal to create another similar law for long guns without Congress,” Korwin says.

When that law was changed to allow reporting of multiple handgun sales to local authorities, in addition to federal officials, that also required federal law, which was passed as part of the Brady bill. Congress had an opportunity to include long guns in those reporting requirements, and rejected it. Congress is the only entity with legitimate power to change that, Korwin and other experts say.

According to knowledgeable observers, a firearms bill like this would not make it through Congress, since the House is firmly in pro-gun-rights Republican hands. This may explain Obama’s effort to sidestep Congress and attempt to enact a gun law by decree instead of due process and open
transparent deliberation. “Mr. Obama knows such a bill would have no chance of passage in the current Congress. His attempt to avoid Congress is an affront to all Americans, regardless of where they stand on the gun-rights issue,” said Larry Pratt, executive director of Gun Owners of America. “Apparently the president is a fan of former Clinton advisor Paul Begala’s approach to government: “Stroke of the pen, law of the land. Kinda cool!”

A president who attempts to pass laws on his own is dangerous to the nation.

“If the administration can get away with this and enact new law without Congress, there is no practical limit on presidential exercise of power, a truly frightening development,” says Philip Van Cleave, a civil-rights activist and president of the Virginia Citizens Defense League. “Even attempting to grab such power is a tyrannical act,” Van Cleave says.

No justification or rationale is known that would allow such action regarding rifle sales, when the essentially same law for handguns required a bill and proper passage. This goes even one step further than Obama’s federal health care law, which then Speaker of the House Nancy Pelosi said we would have to pass to learn what’s in it. That at least used Congress for an appearance of legitimacy, this bypasses Congress completely.

Equal treatment under the law would also be defeated by the move, since the attempt singles out dealers in only four states — California, Arizona, New Mexico and Texas. One gun dealer, who refused to be identified, pointed out that this will force Mexico’s deadly vicious drug cartels to make their illegal straw purchases in the other 46 states.

Nevada, Utah, Colorado and Oklahoma are the next closest states to the Mexican border, and could conceivably see an uptick in the sales Obama claims he is trying to thwart. Those states would be under no obligation to report multiple sales, though licensed dealers are typically vigilant and report sales that seem suspicious, if for no other reason than to protect their licenses to operate.

“The whole scheme is preposterous,” says Kim Grady, a board member and national coordinator for Second Amendment Sisters. “Federal agents were the ones smuggling guns into Mexico in the first place, to bolster the numbers Mr. Obama, Hillary Clinton and Eric Holder were loudly promoting to build support for more gun control — even after their numbers were exposed as false,” Ms. Grady notes. “The ATF-managed straw sales were repeatedly reported to ATF officials, who ignored the information. Now dealers will be required to do what they were already doing, to the rogue agency that ignored them? This has nothing to do with gun control, and everything to do with control.” If a new law is needed, Grady said, it’s one to imprison federal agents who cooperate in gun smuggling, not more paperwork for honest and conscientious licensed business people.

According to ATF, the new edict will generate 18,000 reports in a year. It is unknown where the staff and money to handle such a load will come from, or how the information will be used. FOPA specifically bans collecting this information in any sort of federal facility.

According to Charles Heller, the newly appointed executive director of Jews for the Preservation of Firearms Ownership, “The ultimate aim of all regulations like the one in this executive order, is to make it so difficult for private citizens to own and shoot a gun, that they no longer bother to do so. This is EXACTLY what the Declaration of Independence, whose anniversary we just celebrated, refers to as ‘sending forth agents to eat out our substance.'”

Heller notes that, “In the recent Gunrunner debacle, the Obama administration attempted to pad the statistics of ‘crime guns’ going to Mexico from the U.S. This is a violation of several U.S. laws, committed by law enforcement agents who failed to refuse illegal orders. The solution is simple and straightforward — disarm the agents and decertify the agency as a law enforcement organization. Remove their badges, and give them business cards like any other bureaucrats. Turn them from jack-boots into gumshoes.”

According to published reports, Obama promised action on gun restrictions to long-time anti-rights activist Sarah Brady, saying they would come “under the radar,” after he got things properly positioned. It defies imagination to suggest that Project Gunrunner, and the Fast and Furious smuggling crimes were just fronts that had nothing to do with padding the numbers, gun smuggling, or even building political support for gun control. “If that was just a smokescreen, all arranged so Mr. Obama could begin enacting gun law by decree instead of through Congress, now that would be one slick pre-planned political stratagem,” said author Korwin, adding, “I can’t believe he’s that clever, but it sure looks like he’s getting that result.”

The NRA has promised a lawsuit to fight the administration’s decree, about the only action short of impeachment that can be taken if a president acts outside the law. That case would be heard in federal courts, which operate under Obama’s Justice Dept. and AG Eric Holder, which have in the past mysteriously dismissed cases they did not like. Voter intimidation by a black panther in Philadelphia, for example, disappeared, even though the club-wielding perp was caught on videotape.

###

BACKGROUNDER

As early as Dec. 17, 2010, the National Shooting Sports Foundation reported that an effort was underway to create rifle-reporting requirements:

“An editorial in today’s Washington Post discussed the recent decision by ATF to require federally licensed firearms retailers along the Southwest border to report multiple sales, or other dispositions, of most semi-automatic rifles. Specifically this would impact semi-automatic rifles that are larger than .22 caliber, capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days.

“Though the Post supports this ill-advised proposal, it did acknowledge the legitimacy surrounding one of industry’s objections:

“When reports of its plan surfaced, the administration came under immediate attack from the gun rights lobby. The National Shooting Sports Foundation, the firearms industry trade association, argued that the administration lacked the legal authority to demand data on rifles and shotguns. It has a point: While Congress authorized the ATF to collect information on handgun sales, it declined to extend the requirement to long guns. A court is likely to be asked to decide whether demand letters may be used to shake loose this information …”
http://www.nssfblog.com/atf-to-require-multiple-sales-reports-for-long-guns/

NSSF continues to oppose multiple sales reporting of semi-automatic rifles. Such reporting requirements will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement. Traffickers will go further underground, hiring more people to buy their firearms. This will make it much harder for retailers to identify and report suspicious behavior to law enforcement.
http://www.nssfblog.com/more-on-atf-multiple-sales-reporting/

NSSF would also like to remind all members of industry, sportsmen and gun owners to voice their concerns by doing the following:

1. — Call the Office of Management and Budget, Office of Information and Regulation Affairs, Department of Justice, Desk Officer at (202) 395-6466.

2. — E-mail Barbara A. Terrell, ATF, Firearms Industry Programs Branch at Barbara.Terrell@atf.gov

3. — Call your Senators and Representative: United States Capitol Switchboard: 202-224-3121

The NSSF reports that, “According to ATF, the average age of a firearm recovered in the United States is 11 years old. In Mexico it’s more than 14 years old. This demonstrates that criminals are not using new guns bought from retailers in the states.”

Congress, when it enacted multiple sales reporting for handguns, could have required multiple sales of long guns — it specifically chose not to.

The Washington Post reported on Dec. 17 of last year that, “The plan (to register rifles) by the Bureau of Alcohol, Tobacco, Firearms and Explosives revives a proposal that has languished at the Justice Department and in the Obama administration for several months, according to people with knowledge of the proposal… The idea of such a requirement is so controversial to many gun owners that administration officials proceeded cautiously for fear of provoking the National Rifle Association, sources said.”

The paper quoted Ted Novin, a spokesman for the National Shooting Sports Foundation, who noted the timing after the election and said, “This is an ill-considered proposal and one that ATF does not have the legal authority to unilaterally impose.”

The Post also quoted NRA chief lobbyist Chris Cox, “This administration does not have the guts to build a wall (on the border), but they do have the audacity to blame and register gun owners for Mexico’s problems,” Cox said. “NRA supports legitimate efforts to stop criminal activity, but we will not stand idle while our Second Amendment is sacrificed for politics.”

The original idea, says the Post, was to label the operation as an emergency, and have ATF issue a “demand letter” to 8,500 dealers in the four border states requiring the new reports to a centralized federal facility.

When the NRA got wind of the idea back then, it warned its four million members in a “grassroots alert” that the administration might try to go around Congress to get such a plan enacted as an executive order or rule.

“Emergency approval would last six months, after which the requirement would end unless other action were taken, the draft states,” according to the Post. That time is now up and Obama has seen fit to attempt to continue the operation, in defiance of law and with disregard for Congress.
http://tinyurl.com/6c37t97

From the Firearm Owners Protection Act 18 USC §926 Rules and regulations

“The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter…

(3)… No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act (1986) may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.”
This is a special report from The Uninvited Ombudsman, Alan Korwin, author of the Page Nine news media watchblog.
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“Don’t be a spectator in the struggle to preserve freedom.”

“No one could make a greater mistake than he who did nothing because he could do only a little.”
–Edmund Burke

Public sentiment is everything. With public sentiment, nothing can fail. Without it, nothing can succeed. –Abraham Lincoln
============

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Does anyone read the U.S. Constitution these days?

September 6, 2010

Very interesting …either they don’t or can’t read or worse just ignore or more likely think they are above the Constitution…..  Another “Must Read
This was sent to me by a fellow Oath Keeper, who lives in Maine near the Canadian border.

U.S. Constitution saves the day! Why won’t the feds read the constitution before they file a lawsuit against a sovereign state?

Explosive evidence shows ruling of AZ judge illegal…

July 31, 10:07 AM Conservative Examiner Anthony G. Martin

In a stunning development that could potentially send the nation into a Constitutional crisis, an astute attorney who is well-versed in Constitutional law states that the ruling against the state of Arizona by Judge Susan Bolton concerning its new immigration law is illegal.

(Daniel Bayer/CBS News via Getty Images)
The inept U.S. Attorney-General Eric Holder.

The attorney in question submitted her assertion in a special article in the Canada Free Press.  Her argument states in part, “Does anyone read the U.S. Constitution these days?  American lawyers don’t read it.  Federal Judge Susan R. Bolton apparently has never read it. Same goes for our illustrious Attorney General Eric Holder.  But this lawyer has read it and she is going to show you something in Our Constitution which is as plain as the nose on your face.

“Article III, Sec. 2, clause 2 of our Constitution says:

“In all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have original jurisdiction.  In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction.”

In other words, the Judge in the Arizona case has absolutely no Constitutional jurisdiction over the matter upon which she ruled.  As the Constitution makes abundantly clear, only the U.S. Supreme Court can issue rulings that involve a state.

This means that neither Judge Bolton nor the 9th Circuit Court of Appeals in San Francisco, to which the case is being appealed, have any legal standing whatsoever to rule on the issue.

Thus, U.S. Attorney-General Eric Holder filed the federal government’s lawsuit against the state of Arizona in a court that has no authority to hear the case.

The attorney whose heads-up thinking concerning the Constitution provides the legal remedy for dealing with this blatant disregard for Constitutional law in the article at Canada Free Press.

In a related development, another explosive discovery was made by those who actually take the Constitution seriously.  The Constitution specifically allows an individual state to wage war against a neighboring country in the event of an invasion, should there be a dangerous delay or inaction on the part of the Federal Government. This information was cited by United Patriots of America.

From Article I, Section 10 of the U.S. Constitution, we find these words:

“No State shall, without the Consent of Congress, engage in War, unless actually invaded, or in such imminent danger as will not admit of delay.”

No one who is actually familiar with the crisis at the southern border can deny that Arizona is endangered by the relentless assault of lawless Mexican invaders who ignore our laws, inundate our schools and medical facilities with unpaid bills, and even endanger the very lives of citizens with criminal drug cartels that engage in kidnapping, murder, 115 bodies recovered in AZ entry routes, human trafficking, and other mayhem, including aiming missile and grenade launchers directly at U.S. border cities from just across the Mexican border.

This is as much of an invasion as the nation of Iran sending in a fleet of warships to the Port of Charleston.

The Constitution that forms the basis of the rule of law in this country says that Arizona has legal right to protect itself in the case of inaction or delay on the part of the federal government, including waging war in its self-defense.

This, when coupled with the clear Constitutional mandate that only the Supreme Court hear cases involving the states, should be ample legal basis for attorneys representing Arizona to go after the federal government with a vengeance.

Governor Jan Brewer and the stalwart members of the Arizona legislature have ample legal reason to stand firm against the illegal bullying of an arrogant, lawless federal government.

This missive must be circulated around the USA; we must all get involved this is OUR case too.

“The law is reason free from passion.” Aristotle

What American President Would Do That?

September 6, 2010

By Carol A. Taber

Other presidents have been wrong. Other presidents have been misguided. Other presidents have been weak and pusillanimous and pathetic.

Only one truly disdains America. His name is Barack Obama.

How else to explain his latest outrage against the country that elevated him to the ranks of world leadership? Last week, the Obama State Department submitted a report to the U.N. High Commissioner for Human Rights on the supposed human rights violations taking place in the United States. According to the Washington Times, the report describes how the United States discriminates against the disabled, homosexuals, women, Native Americans, blacks, Hispanics and those who don’t speak English. There is the expected pandering to Muslims…the report notes that until recently, the U.S. engaged in torture, unlawfully detained terrorist suspects and illegally spied on Americans communicating with terrorists … but the report assures readers that Mr. Obama has been putting a stop to all that.

Beyond the outrage felt by Governor Jan Brewer, whose move to protect Arizonans’ human rights was offered up as an example of an abuse of human rights by Mr. Obama’s State Department report (gotta protect those drug cartel murderers!), for many citizens, this report is a rank anti-American manifesto and the last straw. Many believe it to be outright evil, that there is no other word to encompass Obama’s disgraceful and indefensible decision. This odious report has placed America — us — on a list of human rights violators that includes Iran, North Korea, and Sudan. And Mr. Obama and his administration have done it purposefully, intentionally, and with malice aforethought.

The truth, on the other hand, is that every demographic group mentioned in the report as victimized by America is better off in America than in any other country on earth. That’s why they stay here. If they don’t like America, they’re free to leave at any time. We’re not the Soviet Union or China, restricting population flow. European glories are only a plane ticket away.

But they don’t leave. That’s because the people of America have a higher standard of living, more opportunity for high-quality health care (at least for a little while longer), a better shot at a decent education, and more personal freedom to pursue occupations of their choice — and life, liberty, and happiness — than in any other place on the planet.

But according to Obama, splinter groups of Americans (including women, who compose a majority of the population) are hapless and defenseless victims of our “downright mean” country, a description coined by Mrs. Obama during Mr. Obama’s campaign for president. The State Department report is a typical liberal look-at-America-through-a-toilet-seat perspective, construing every minor problem as systemic and considering all forms of law enforcement discriminatory. The report is unseemly and deeply offensive to the American people.

Worse, it’s not just Obama and his thumb-sucking minions whining about America to other Americans — at least that wouldn’t be purveying false notions about America outside our borders. No, lying to Americans about the cruelty of their country isn’t enough for Obama — he must preach it to the world. Because in Obama’s worldview, the world is the ultimate arbiter of America, even though that quaint document, our Constitution, specifically grants such responsibility to the American people alone.

It’s nonsensical from a legal point of view, and Obama’s a lawyer. One of the chief notions in legal academia is that a judge’s political perspective shapes his decisions no matter how hard he attempts to be objective. The same holds true for countries — Iran will judge us through the Iranian anti-Semitic, anti-American, anti-freedom, fundamentalist Islamic perspective it uses for everything else. Yet Obama inexplicably sees the judgment of countries like Iran as important and wants to lay bare before the world each of our minute flaws — some real, some imagined — for careful examination and exploitation by our most implacable enemies, with much of that exploitation dangerous to our national security and to ordinary Americans.

Perhaps it’s because Obama has spent most of his life in a Christian country that he doesn’t understand how the world works — over here, we don’t cast the first stone. Instead, we target the most egregious human rights violators and try to curb their violations. Maybe Obama thinks the rest of the world will act in truly Christian fashion, too, and focus on the true human rights violators even if we expose ourselves to the tyrants, dictators, and mullahs. That would make him an idiot.

More likely, Obama just doesn’t give a tinker’s damn whether the world flays us because he thinks America’s minor flaws are major ones. It is possible that Obama dislikes America because this is the country that produced his rootless life and gave leeway to his drunk, child-abandoning Kenyan father. More likely, Obama is displeased with this country because he spent his childhood wandering from identity to identity until he found one that justified his alienation — identity as a Marxist racialist — an elevated identity in the left’s hierarchy of the victimized.

Whatever the reason, Obama has no soft spot for America. The unpresidential condescension he feels for our country and its religion- and gun-clinging citizens oozes from his pores and spills out of them in unguarded moments. And that disrespect — the kind that comes only from those who are clueless about leadership — gives both aid and comfort to our enemies and leaves those who wish to share in the bounty of our freedom and liberty in the dark.

What American president would do that?

Carol A. Taber is president of FamilySecurityMatters.org.

Obama giving Southwest back to Mexico

June 17, 2010

BLM signs in Arizona

These signs went up a couple weeks ago all along the southern side of I-8 between Casa Grande and Gila Bend.  This is 80 miles north of the Mexican border and its now off limits to American citizens!!


This is a real sign here in AZ just off I-8. No more camping south of I-8.

So, our government has surrendered and ceded part of Arizona to the smugglers and cartels of Mexico? What do you think would happen if signs like this were to be found back East? But this is just backwater, flyover AZ so it doesn’t count to the media and Congress , I guess. Folks, this nation better wake up and pay attention. This is only the beginning of what you can expect in YOUR backyards. This is not an exaggeration: I stopped hiking some of my favorite mountains and canyons because of the smuggling dangers. Who wants to carry more guns and ammo than water in order to survive in the Arizona desert? That is what it has become. Maybe your state is next?

Looking to be drawn for hunting areas in this area, new license or varmint bounty may be the next option to close the borders?  Rewards are guns, drugs and cash for the taking, but danger exists in the form of return fire.  Not quite like deer hunting.

And people are complaining about a new law, when no one is enforcing existing laws??? Sounds like someone doesn’t get it.

Hello California, Washington DC and Chicago! Perhaps we should put up a sign on the back side of the BLM sign in Spanish inviting the illegals to go to LA, California, Chicago, Illinois and Washington DC where they will be welcomed by the Dems and Libs and Muslims and commies and invite them to the addresses of the welfare offices in those areas? Bus rides will be free at the nearest “Rest Area” on I-8, and they can keep the bus.  Just bring your guns, sell your drugs, and have your baby at the hospitals in those states, America welcomes you, not Arizona.

Mexican Drug cartels now control large areas of Southern Arizona according to the Pinal County Sheriff.  Where is Congress and DHS in this new Mexican-American war that we seem to be losing?

ARMED TROOPS NEED TO BE SENT TO THE ARIZONA BORDER NOW! …OR WE CAN DO THE ARMED MINUTEMAN THING.  Either way this must be, and it will be dealt with by Americans!

Your state may be the next, once we enforce the new law….
So please help us by sending to all your friends….
The media doesn’t show you this stuff and its everywhere….
I sent this to Obama inviting him to bring his family here for a hike and sleepover….
Bet he won’t take me up on the invite!
But he expects us to raise our family around all this….

From Arizona

Arizona State Senator Sylvia Allen explains SB 1070

May 15, 2010

I’m Arizona State Senator Sylvia Allen. I want to explain SB 1070 which I voted for and was just signed by Governor Jan Brewer.

Rancher Rob Krantz was murdered by the drug cartel on his ranch a month ago. I participated in a senate hearing two weeks ago on the border violence; here are just some of the highlights from those who testified.

The people who live within 60 to 80 miles of the Arizona/Mexico Border have for years been terrorized and have pleaded for help to stop the daily invasion of humans who cross their property. One rancher testified that 300 to 1200 people a DAY come across his ranch vandalizing his property, stealing his vehicles and property, cutting down his fences, and leaving trash. In the last two years he has found 17 dead bodies and two Koran bibles.

Another rancher testified that drugs are brought across his ranch daily in a military operation. A point man with a machine gun goes in front, 1/2 mile behind are the guards fully armed, 1/2 mile behind them are the drugs, behind the drugs 1/2 mile are more guards. These people are violent and they will kill anyone who gets in the way. This was not the only rancher we heard that day that talked about the drug trains.

One man told of two illegals who came upon his property one shot in the back and the other in the arm by the drug runners who had forced them to carry the drugs and then shot them. Daily they listen to gunfire during the night it is not safe to leave his family alone on the ranch and they can’t leave the ranch for fear of nothing being left when they come back.

The border patrol is not on the border. They have set up 60 miles away with check points that do nothing to stop the invasion. They are not allowed to use force in stopping anyone who is entering. They run around chasing them, if they get their hands on them then they can take them back across the border.

Federal prisons have over 35% illegals and 20% of Arizona prisons are filled with illegals. In the last few years 80% of our law enforcement that have been killed or wounded has been by an illegal.

The majority of people coming now are people we need to be worried about. The ranchers told us that they have seen a change in the people coming; they are not just those who are looking for work and a better life.

The Federal Government has refused for years to do anything to help the border states. We have been overrun and once they are here we have the burden of funding state services that they use. Education costs have been over a billion dollars. The healthcare costs billions of dollars. Our State is broke; $3.5 billion deficit and we have many serious decisions to make. One is that we do not have the money to care for any who are not here legally. It has to stop.

The border can be secured. We have the technology we have the ability to stop this invasion. We must know who is coming and they must come in an organized manner legally so that we can assimilate them into our population and protect the sovereignty of our country. We are a nation of laws. We have a responsibility to protect our citizens and to protect the integrity of our country and the government which we live under.

I would give amnesty today to many, but here is the problem, we dare not do this until the Border is secure. It will do no good to forgive them because thousands will come behind them and we will be overrun to the point that there will no longer be the United States of America but a North American Union of open borders. I ask you what form of government will we live under? How long will it be before we will be just like Mexico, Canada or any of the other Central American or South American countries? We have already lost our language; everything must be printed in Spanish also. We have already lost our history it is no longer taught in our schools. And we have lost our borders.

The leftist media has distorted what SB 1070 will do. It is not going to set up a Nazi Germany. Are you kidding? The ACLU and the leftist courts will do everything to protect those who are here illegally, but it was an effort to try and stop illegals from setting up businesses, and employment, and receiving state services and give the ability to local law enforcement when there is probable cause like a traffic stop to determine if they are here legally. Federal law is very clear if you are here on a visa you must have your papers on you at all times. That is the law. In Arizona all you need to show you are a legal citizen is a driver license, MVD identification card, Native American Card, or a Military ID. This is what you need to vote, get a hunting license, etc…  So nothing new has been added to this law. No one is going to be stopped walking down the street etc… The Socialists who are in power in DC are angry because we dare try and do something and that something the Socialists wants us to do is just let them come. They want the “Transformation” to continue.

Maybe it is too late to save America. Maybe we are not worthy of freedom anymore. But as an elected official I must try to do what I can to protect our Constitutional Republic. Living in America is not a right just because you can walk across the border. Being an American is a responsibility and it comes by respecting and upholding the Constitution the law of our land which says what you must do to be a citizen of this country. Freedom is not free.


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