130th Ohio General Assembly
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H. B. No. 263  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 263


Representative Heard 

Cosponsors: Representatives Hagan, R., Ramos, Foley, Driehaus, Celeste, Antonio, Weddington, Garland 



A BILL
To enact sections 2923.26, 2923.27, 2923.28, 2923.29, and 2923.30 of the Revised Code to require that a gun show vendor obtain a criminal records check of a prospective firearm transferee at a gun show, to require that a federally licensed firearms dealer who obtains a criminal records check on behalf of a gun show vendor maintain a record of that check and report to law enforcement the name of any prospective transferee who may not legally receive or possess firearms, and to require a gun show promoter to post a notice of the records check requirement at the gun show in the form prescribed by the Attorney General.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2923.26, 2923.27, 2923.28, 2923.29, and 2923.30 of the Revised Code be enacted to read as follows:
Sec. 2923.26.  As used in sections 2923.26, 2923.27, 2923.28, 2923.29, and 2923.30 of the Revised Code:
(A) "Collection" means a trade, barter, or in-kind exchange for one or more firearms.
(B) "Curio or relic" means a firearm that is of special interest to collectors because of some quality of the firearm other than a quality that is associated with firearms intended for sporting use or as offensive or defensive weapons and to which at least one of the following applies:
(1) It was manufactured at least fifty years before the date of its prospective transfer and is not a replica.
(2) It is certified by the curator of a municipal, state, or federal museum that exhibits firearms to be a curio or relic of museum interest.
(3) It derives a substantial part of its monetary value from the fact that it is novel, rare, or bizarre or is associated with some historical figure, period, or event, as shown by evidence of present value and by evidence that like firearms are not available except as collector's items or that the value of like firearms available in ordinary commercial channels is substantially less.
(C) "Federally licensed firearms dealer" has the same meaning as in section 5502.63 of the Revised Code.
(D) "Firearm" has the same meaning as in section 2923.11 of the Revised Code but does not include antique firearms as defined in 18 U.S.C. 921 or curios or relics.
(E) "Gun show" means an event or function that is sponsored to facilitate, in whole or in part, the transfer, offer to transfer, or collection of firearms and at which either twenty-five or more firearms are offered or exhibited for transfer or not less than three gun show vendors exhibit, transfer, or offer to transfer firearms.
(F) "Gun show premises" means the entire premises provided for a gun show, including but not limited to parking areas for the gun show.
(G) "Gun show promoter" means a person who organizes or operates a gun show.
(H) "Gun show vendor" means any person who exhibits, transfers, or offers to transfer any firearm at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, transfer, or offer to transfer any firearm.
(I) "Law enforcement officer" has the same meaning as in section 2901.01 of the Revised Code and also includes a federal law enforcement officer as defined in section 2921.51 of the Revised Code.
Sec. 2923.27.  (A) A gun show promoter shall arrange for one or more federally licensed firearms dealers to provide on the premises of the gun show services necessary to obtain the criminal records checks required by this section.
(B) Before transferring or attempting to transfer a firearm at a gun show or on the premises of a gun show, a gun show vendor shall cause a criminal records check of the prospective transferee to be conducted by a federally licensed firearms dealer. The criminal records check shall be of the same type as would be required of the federally licensed firearms dealer under 18 U.S.C. 922 if that dealer were the vendor.
(C) If any part of a firearm transfer takes place at a gun show or on the premises of a gun show, no gun show vendor shall transfer the firearm without first obtaining a criminal records check of the prospective transferee by a federally licensed firearms dealer.
(D) Whoever violates division (A), (B), or (C) of this section is guilty of an unlawful gun show transaction, a misdemeanor of the first degree.
Sec. 2923.28.  (A) A federally licensed firearms dealer who obtains a criminal records check on a prospective transferee for a gun show vendor under section 2923.27 of the Revised Code shall record the event in a book kept for that purpose and shall include all of the following:
(1) The name, age, and residential address of the prospective transferor and transferee;
(2) The make, caliber, and finish of the firearm, together with its number and serial letter, if any;
(3) The date of the proposed transfer.
(B) A federally licensed firearms dealer shall maintain the record book required by division (A) of this section and shall make it available at all times for inspection by any law enforcement officer.
(C) If a federally licensed firearms dealer who obtains a criminal records check on a prospective transferee for a gun show vendor under section 2923.17 of the Revised Code has reason to believe, based on the information received from the criminal records check, that the receipt or possession of a firearm by the prospective transferee would violate federal, state, or local law, the dealer, within twenty-four hours after receiving the information, shall inform the chief law enforcement officer of the municipal corporation or county in which the gun show takes place of the identity of the prospective transferee and the basis of the dealer's belief.
(D)(1) Whoever violates division (A) or (B) of this section is guilty of failure to maintain a gun show record, a misdemeanor of the first degree.
(2) Whoever violates division (C) of this section is guilty of failure to report a firearm disability, a misdemeanor of the first degree.
Sec. 2923.29.  For each criminal records check conducted at a gun show, a federally licensed firearms dealer may charge a fee not exceeding ten dollars.
Sec. 2923.30.  (A) The attorney general shall prescribe a form to be posted by a gun show promoter setting forth the requirement of a criminal records check under section 2923.27 of the Revised Code.
(B) At every gun show held by a gun show promoter, the gun show promoter shall post prominently the notice prescribed by the attorney general under division (A) of this section.
(C) Whoever violates division (B) of this section is guilty of failure to post a required gun show notice, a misdemeanor of the first degree.
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