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| To enact sections 2923.26, 2923.27, 2923.28, 2923.29, | 1 |
| and 2923.30 of the Revised Code to require that a | 2 |
| gun show vendor obtain a criminal records check of | 3 |
| a prospective firearm transferee at a gun show, to | 4 |
| require that a federally licensed firearms dealer | 5 |
| who obtains a criminal records check on behalf of | 6 |
| a gun show vendor maintain a record of that check | 7 |
| and report to law enforcement the name of any | 8 |
| prospective transferee who may not legally receive | 9 |
| or possess firearms, and to require a gun show | 10 |
| promoter to post a notice of the records check | 11 |
| requirement at the gun show in the form prescribed | 12 |
| by the Attorney General. | 13 |
| Section 1. That sections 2923.26, 2923.27, 2923.28, 2923.29, | 14 |
| and 2923.30 of the Revised Code be enacted to read as follows: | 15 |
| Sec. 2923.26. As used in sections 2923.26, 2923.27, 2923.28, | 16 |
| 2923.29, and 2923.30 of the Revised Code: | 17 |
| (A) "Collection" means a trade, barter, or in-kind exchange | 18 |
| for one or more firearms. | 19 |
| (B) "Curio or relic" means a firearm that is of special | 20 |
| interest to collectors because of some quality of the firearm | 21 |
| other than a quality that is associated with firearms intended for | 22 |
| sporting use or as offensive or defensive weapons and to which at | 23 |
| least one of the following applies: | 24 |
| (1) It was manufactured at least fifty years before the date | 25 |
| of its prospective transfer and is not a replica. | 26 |
| (2) It is certified by the curator of a municipal, state, or | 27 |
| federal museum that exhibits firearms to be a curio or relic of | 28 |
| museum interest. | 29 |
| (3) It derives a substantial part of its monetary value from | 30 |
| the fact that it is novel, rare, or bizarre or is associated with | 31 |
| some historical figure, period, or event, as shown by evidence of | 32 |
| present value and by evidence that like firearms are not available | 33 |
| except as collector's items or that the value of like firearms | 34 |
| available in ordinary commercial channels is substantially less. | 35 |
| (C) "Federally licensed firearms dealer" has the same meaning | 36 |
| as in section 5502.63 of the Revised Code. | 37 |
| (D) "Firearm" has the same meaning as in section 2923.11 of | 38 |
| the Revised Code but does not include antique firearms as defined | 39 |
| in 18 U.S.C. 921 or curios or relics. | 40 |
| (E) "Gun show" means an event or function that is sponsored | 41 |
| to facilitate, in whole or in part, the transfer, offer to | 42 |
| transfer, or collection of firearms and at which either | 43 |
| twenty-five or more firearms are offered or exhibited for transfer | 44 |
| or not less than three gun show vendors exhibit, transfer, or | 45 |
| offer to transfer firearms. | 46 |
| (F) "Gun show premises" means the entire premises provided | 47 |
| for a gun show, including but not limited to parking areas for the | 48 |
| gun show. | 49 |
| (G) "Gun show promoter" means a person who organizes or | 50 |
| operates a gun show. | 51 |
| (H) "Gun show vendor" means any person who exhibits, | 52 |
| transfers, or offers to transfer any firearm at a gun show, | 53 |
| regardless of whether the person arranges with a gun show promoter | 54 |
| for a fixed location from which to exhibit, transfer, or offer to | 55 |
| transfer any firearm. | 56 |
| (I) "Law enforcement officer" has the same meaning as in | 57 |
| section 2901.01 of the Revised Code and also includes a federal | 58 |
| law enforcement officer as defined in section 2921.51 of the | 59 |
| Revised Code. | 60 |
| Sec. 2923.27. (A) A gun show promoter shall arrange for one | 61 |
| or more federally licensed firearms dealers to provide on the | 62 |
| premises of the gun show services necessary to obtain the criminal | 63 |
| records checks required by this section. | 64 |
| (B) Before transferring or attempting to transfer a firearm | 65 |
| at a gun show or on the premises of a gun show, a gun show vendor | 66 |
| shall cause a criminal records check of the prospective transferee | 67 |
| to be conducted by a federally licensed firearms dealer. The | 68 |
| criminal records check shall be of the same type as would be | 69 |
| required of the federally licensed firearms dealer under 18 U.S.C. | 70 |
| 922 if that dealer were the vendor. | 71 |
| (C) If any part of a firearm transfer takes place at a gun | 72 |
| show or on the premises of a gun show, no gun show vendor shall | 73 |
| transfer the firearm without first obtaining a criminal records | 74 |
| check of the prospective transferee by a federally licensed | 75 |
| firearms dealer. | 76 |
| (D) Whoever violates division (A), (B), or (C) of this | 77 |
| section is guilty of an unlawful gun show transaction, a | 78 |
| misdemeanor of the first degree. | 79 |
| Sec. 2923.28. (A) A federally licensed firearms dealer who | 80 |
| obtains a criminal records check on a prospective transferee for a | 81 |
| gun show vendor under section 2923.27 of the Revised Code shall | 82 |
| record the event in a book kept for that purpose and shall include | 83 |
| all of the following: | 84 |
| (1) The name, age, and residential address of the prospective | 85 |
| transferor and transferee; | 86 |
| (2) The make, caliber, and finish of the firearm, together | 87 |
| with its number and serial letter, if any; | 88 |
| (3) The date of the proposed transfer. | 89 |
| (B) A federally licensed firearms dealer shall maintain the | 90 |
| record book required by division (A) of this section and shall | 91 |
| make it available at all times for inspection by any law | 92 |
| enforcement officer. | 93 |
| (C) If a federally licensed firearms dealer who obtains a | 94 |
| criminal records check on a prospective transferee for a gun show | 95 |
| vendor under section 2923.17 of the Revised Code has reason to | 96 |
| believe, based on the information received from the criminal | 97 |
| records check, that the receipt or possession of a firearm by the | 98 |
| prospective transferee would violate federal, state, or local law, | 99 |
| the dealer, within twenty-four hours after receiving the | 100 |
| information, shall inform the chief law enforcement officer of the | 101 |
| municipal corporation or county in which the gun show takes place | 102 |
| of the identity of the prospective transferee and the basis of the | 103 |
| dealer's belief. | 104 |
| (D)(1) Whoever violates division (A) or (B) of this section | 105 |
| is guilty of failure to maintain a gun show record, a misdemeanor | 106 |
| of the first degree. | 107 |
| (2) Whoever violates division (C) of this section is guilty | 108 |
| of failure to report a firearm disability, a misdemeanor of the | 109 |
| first degree. | 110 |
| Sec. 2923.29. For each criminal records check conducted at a | 111 |
| gun show, a federally licensed firearms dealer may charge a fee | 112 |
| not exceeding ten dollars. | 113 |
| Sec. 2923.30. (A) The attorney general shall prescribe a | 114 |
| form to be posted by a gun show promoter setting forth the | 115 |
| requirement of a criminal records check under section 2923.27 of | 116 |
| the Revised Code. | 117 |
| (B) At every gun show held by a gun show promoter, the gun | 118 |
| show promoter shall post prominently the notice prescribed by the | 119 |
| attorney general under division (A) of this section. | 120 |
| (C) Whoever violates division (B) of this section is guilty | 121 |
| of failure to post a required gun show notice, a misdemeanor of | 122 |
| the first degree. | 123 |