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H. B. No. 263 As IntroducedAs Introduced
|129th General Assembly|
Representatives Hagan, R., Ramos, Foley, Driehaus, Celeste, Antonio, Weddington, Garland
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
(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
(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
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
(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
(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
(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
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.