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| To enact sections 2923.51 to 2923.55 of the Revised | 1 |
| Code to regulate the commercial sale, | 2 |
| modification, and public display of imitation | 3 |
| firearms and the disguising of a firearm as an | 4 |
| imitation firearm. | 5 |
| Section 1. That sections 2923.51, 2923.52, 2923.53, 2923.54, | 6 |
| and 2923.55 of the Revised Code be enacted to read as follows: | 7 |
| Sec. 2923.51. As used in sections 2923.51 to 2923.55 of the | 8 |
| Revised Code: | 9 |
| (A) "BB device" means any instrument that expels a | 10 |
| projectile, such as a BB or a pellet, through the force of air | 11 |
| pressure, gas pressure, or spring action, including any airsoft | 12 |
| gun and any spot marker or paintball gun. | 13 |
| (B)(1) "Imitation firearm" means, subject to division (B)(2) | 14 |
| of this section, any BB device, replica of a firearm, or other | 15 |
| device that is so substantially similar in coloration and overall | 16 |
| appearance to an existing firearm as to lead a reasonable person | 17 |
| to perceive that the device is a firearm. | 18 |
| (2) "Imitation firearm" does not include any toy gun unless | 19 |
| the toy gun is a BB device. | 20 |
| (C) "Public place" means an area open to the public, | 21 |
| including any of the following: | 22 |
| (1) A street, alley, sidewalk, driveway, or parking lot; | 23 |
| (2) A bridge; | 24 |
| (3) A plaza or park; | 25 |
| (4) A front yard; | 26 |
| (5) A motor vehicle, as defined in section 4511.01 of the | 27 |
| Revised Code, whether moving or not; | 28 |
| (6) A building open to the general public, including one that | 29 |
| serves food or drink or that provides entertainment; | 30 |
| (7) A doorway or entrance to a building or dwelling; | 31 |
| (8) A school operated by a board of education or a community | 32 |
| school established under Chapter 3314. of the Revised Code; | 33 |
| (9) Any premises owned or leased by a public or private | 34 |
| college, university, or other institution of higher education. | 35 |
| (D) "Firearm" and "handgun" have the same meanings as in | 36 |
| section 2923.11 of the Revised Code. | 37 |
| (E) Except as used in division (C)(9) of this section, | 38 |
| "school" has the same meaning as in section 2925.01 of the Revised | 39 |
| Code. | 40 |
| Sec. 2923.52. (A) No person, for commercial purposes, shall | 41 |
| knowingly sell an imitation firearm in this state on or after | 42 |
| January 1, 2016. | 43 |
| (B) Whoever violates division (A) of this section is guilty | 44 |
| of commercial sale of an illegal imitation firearm, a misdemeanor | 45 |
| of the first degree. | 46 |
| (C) Division (A) of this section does not apply to the sale | 47 |
| of any of the following: | 48 |
| (1) A nonfiring collector's replica that is historically | 49 |
| significant and is offered for sale in conjunction with a wall | 50 |
| plaque or presentation case; | 51 |
| (2) A BB device that is a spot marker gun that expels a | 52 |
| projectile that is greater than 10mm caliber; | 53 |
| (3) A BB device that expels a projectile, such as a BB or | 54 |
| pellet, that is other than 6mm or 8mm caliber; | 55 |
| (4) A BB device that is an airsoft gun that expels a | 56 |
| projectile, such as a BB or pellet, that is 6mm or 8mm caliber, if | 57 |
| the device contains the blaze orange ring on the barrel required | 58 |
| by federal law, has a trigger guard that has fluorescent | 59 |
| coloration over the entire guard, and meets either of the | 60 |
| following: | 61 |
| (a) If the airsoft gun is configured as a handgun, there is a | 62 |
| two centimeter wide adhesive band around the circumference of the | 63 |
| protruding pistol grip that has fluorescent coloration and the | 64 |
| adhesive band is applied in a manner not intended for removal and | 65 |
| is in place on the airsoft gun prior to sale to a customer; | 66 |
| (b) If the airsoft gun is configured as a rifle or long gun, | 67 |
| there is a two centimeter wide adhesive band with fluorescent | 68 |
| coloring, applied in a manner and in place as described in | 69 |
| division (C)(4)(a) of this section, around the circumference of | 70 |
| any two or more of the following: | 71 |
| (i) The protruding pistol grip; | 72 |
| (ii) The buttstock; | 73 |
| (iii) A protruding ammunition magazine or clip. | 74 |
| (5) A device the entire exterior surface of which is white, | 75 |
| bright red, bright orange, bright yellow, bright green, bright | 76 |
| blue, bright pink, or bright purple, either singly or as the | 77 |
| predominant color in combination with other colors in any pattern; | 78 |
| (6) A device that is entirely constructed of transparent or | 79 |
| translucent materials that permits unmistakable observation of the | 80 |
| device's complete contents. | 81 |
| (D) Division (A) of this section does not apply to a sale of | 82 |
| an imitation firearm for any of the following purposes: | 83 |
| (1) Solely for export in interstate or foreign commerce; | 84 |
| (2) Solely for lawful use in any theatrical production, | 85 |
| including any motion picture, video, television, or stage | 86 |
| production; | 87 |
| (3) For use in a certified or regulated sporting event or | 88 |
| competition; | 89 |
| (4) For use in any military or civil defense activity or | 90 |
| ceremonial activity; | 91 |
| (5) For any public display authorized by a school. | 92 |
| Sec. 2923.53. (A) No person, on or after January 1, 2016, | 93 |
| shall knowingly change, alter, remove, or obliterate any | 94 |
| coloration, markings, or bands that are required by any applicable | 95 |
| law or regulation of this state or the United States for any | 96 |
| imitation firearm in a way that makes the imitation firearm or | 97 |
| device look more like a firearm. | 98 |
| (B) No person, on or after January 1, 2016, shall knowingly | 99 |
| add to any firearm any coloration, markings, or bands that are | 100 |
| required by any law or regulation of this state or the United | 101 |
| States for any imitation firearm in a way that makes the firearm | 102 |
| look more like an imitation firearm. | 103 |
| (C)(1) Whoever violates division (A) of this section is | 104 |
| guilty of alteration of an imitation firearm, a misdemeanor of the | 105 |
| first degree. | 106 |
| (2) Whoever violates division (B) of this section is guilty | 107 |
| of disguising a firearm as an imitation firearm, a misdemeanor of | 108 |
| the first degree. | 109 |
| (D) Division (A) of this section does not apply to any of the | 110 |
| following: | 111 |
| (1) A manufacturer, importer, or distributor of imitation | 112 |
| firearms; | 113 |
| (2) A lawful use in any theatrical production, including any | 114 |
| motion picture, video, television, or stage production. | 115 |
| Sec. 2923.54. (A) No person shall knowingly openly display | 116 |
| or expose any imitation firearm in a public place on or after | 117 |
| January 1, 2016. | 118 |
| (B) Whoever violates division (A) of this section is guilty | 119 |
| of illegal public display of an imitation firearm, a misdemeanor | 120 |
| of the first degree. | 121 |
| (C) Division (A) of this section does not apply in any of the | 122 |
| following circumstances: | 123 |
| (1) The imitation firearm is packaged or concealed so that it | 124 |
| is not subject to public viewing. | 125 |
| (2) The imitation firearm is displayed or exposed in the | 126 |
| course of commerce, including a commercial film or video | 127 |
| production, or for service, repair, or restoration of the | 128 |
| imitation firearm. | 129 |
| (3) The imitation firearm is used in a theatrical production, | 130 |
| including any motion picture, video, television, or stage | 131 |
| production. | 132 |
| (4) The imitation firearm is used in conjunction with a | 133 |
| certified or regulated sporting event or competition. | 134 |
| (5) The imitation firearm is used in conjunction with lawful | 135 |
| hunting or a lawful pest control activity. | 136 |
| (6) The imitation firearm is used or possessed at a certified | 137 |
| or regulated public or private shooting range. | 138 |
| (7) The imitation firearm is used at a fair, exhibition, | 139 |
| exposition, or other similar activity for which a permit has been | 140 |
| obtained from a local or state government. | 141 |
| (8) The imitation firearm is used in a military, civil | 142 |
| defense, or civic activity, including a flag ceremony, color | 143 |
| guard, parade, award presentation, historical reenactment, or | 144 |
| memorial. | 145 |
| (9) The imitation firearm is used for a public display | 146 |
| authorized by a school or a display that is part of a museum | 147 |
| collection. | 148 |
| (10) The imitation firearm is used in a parade, ceremony, or | 149 |
| other similar activity for which a permit has been obtained from a | 150 |
| local or state government. | 151 |
| (11) The imitation firearm is displayed on a wall plaque or | 152 |
| in a presentation case. | 153 |
| (12) The imitation firearm is being used in an area where the | 154 |
| discharge of a firearm is lawful. | 155 |
| (13)(a) The entire exterior surface of the imitation firearm | 156 |
| is white, bright red, bright orange, bright yellow, bright green, | 157 |
| bright blue, bright pink, or bright purple, either singly or as | 158 |
| the predominant color in combination with other colors in any | 159 |
| pattern, or the entire device is constructed of transparent or | 160 |
| translucent material that permits unmistakable observation of the | 161 |
| device's complete contents. | 162 |
| (b) To satisfy the requirement of division (C)(13)(a) of this | 163 |
| section, the entire surface must be colored or transparent or | 164 |
| translucent, and merely having an orange tip as provided in | 165 |
| federal law and regulations does not satisfy that requirement. | 166 |
| Sec. 2923.55. (A) Any imitation firearm manufactured after | 167 |
| July 1, 2015, shall be accompanied, at the time of offer for | 168 |
| commercial sale in this state, by a conspicuous advisory in | 169 |
| writing as part of the packaging of the imitation firearm to the | 170 |
| effect that all of the following apply: | 171 |
| (1) The product may be mistaken for a firearm by law | 172 |
| enforcement officers or others. | 173 |
| (2) Altering the coloration or markings required by state or | 174 |
| federal law or regulations so as to make the product look more | 175 |
| like a firearm is dangerous and may be a crime. | 176 |
| (3) Brandishing or displaying the product in public may cause | 177 |
| confusion and may be a crime. | 178 |
| (B) To comply with division (A) of this section, the | 179 |
| conspicuous advisory may be, but is not required to be, affixed to | 180 |
| the imitation firearm. | 181 |
| (C) No manufacturer, importer, or distributor shall knowingly | 182 |
| fail to comply with division (A) of this section. | 183 |
| (D) A manufacturer, importer, or distributor that violates | 184 |
| division (C) of this section is guilty of failure to provide | 185 |
| imitation firearm warnings, a misdemeanor, and shall be fined as | 186 |
| follows: | 187 |
| (1) Except as otherwise provided in division (D)(2) or (3) of | 188 |
| this section, the offender shall be fined not more than one | 189 |
| thousand dollars. | 190 |
| (2) If the offender once previously has been convicted of or | 191 |
| pleaded guilty to a violation of division (C) of this section, the | 192 |
| offender shall be fined not more than five thousand dollars. | 193 |
| (3) If the offender two or more times previously has been | 194 |
| convicted of or pleaded guilty to a violation of division (C) of | 195 |
| this section, the offender shall be fined not more than ten | 196 |
| thousand dollars. | 197 |