To enact sections 2923.51 to 2923.55 of the Revised Code to regulate the commercial sale, modification, and public display of imitation firearms and the disguising of a firearm as an imitation firearm.

Section 1. That sections 2923.51, 2923.52, 2923.53, 2923.54, and 2923.55 of the Revised Code be enacted to read as follows:

Sec. 2923.51.  As used in sections 2923.51 to 2923.55 of the Revised Code:

(A) "BB device" means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action, including any airsoft gun and any spot marker or paintball gun.

(B)(1) "Imitation firearm" means, subject to division (B)(2) of this section, any BB device, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.

(2) "Imitation firearm" does not include any toy gun unless the toy gun is a BB device.

(C) "Public place" means an area open to the public, including any of the following:

(1) A street, alley, sidewalk, driveway, or parking lot;

(2) A bridge;

(3) A plaza or park;

(4) A front yard;

(5) A motor vehicle, as defined in section 4511.01 of the Revised Code, whether moving or not;

(6) A building open to the general public, including one that serves food or drink or that provides entertainment;

(7) A doorway or entrance to a building or dwelling;

(8) A school operated by a board of education or a community school established under Chapter 3314. of the Revised Code;

(9) Any premises owned or leased by a public or private college, university, or other institution of higher education.

(D) "Firearm" and "handgun" have the same meanings as in section 2923.11 of the Revised Code.

(E) Except as used in division (C)(9) of this section, "school" has the same meaning as in section 2925.01 of the Revised Code.

Sec. 2923.52.  (A) No person, for commercial purposes, shall knowingly sell an imitation firearm in this state on or after January 1, 2016.

(B) Whoever violates division (A) of this section is guilty of commercial sale of an illegal imitation firearm, a misdemeanor of the first degree.

(C) Division (A) of this section does not apply to the sale of any of the following:

(1) A nonfiring collector's replica that is historically significant and is offered for sale in conjunction with a wall plaque or presentation case;

(2) A BB device that is a spot marker gun that expels a projectile that is greater than 10mm caliber;

(3) A BB device that expels a projectile, such as a BB or pellet, that is other than 6mm or 8mm caliber;

(4) A BB device that is an airsoft gun that expels a projectile, such as a BB or pellet, that is 6mm or 8mm caliber, if the device contains the blaze orange ring on the barrel required by federal law, has a trigger guard that has fluorescent coloration over the entire guard, and meets either of the following:

(a) If the airsoft gun is configured as a handgun, there is a two centimeter wide adhesive band around the circumference of the protruding pistol grip that has fluorescent coloration and the adhesive band is applied in a manner not intended for removal and is in place on the airsoft gun prior to sale to a customer;

(b) If the airsoft gun is configured as a rifle or long gun, there is a two centimeter wide adhesive band with fluorescent coloring, applied in a manner and in place as described in division (C)(4)(a) of this section, around the circumference of any two or more of the following:

(i) The protruding pistol grip;

(ii) The buttstock;

(iii) A protruding ammunition magazine or clip.

(5) A device the entire exterior surface of which is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern;

(6) A device that is entirely constructed of transparent or translucent materials that permits unmistakable observation of the device's complete contents.

(D) Division (A) of this section does not apply to a sale of an imitation firearm for any of the following purposes:

(1) Solely for export in interstate or foreign commerce;

(2) Solely for lawful use in any theatrical production, including any motion picture, video, television, or stage production;

(3) For use in a certified or regulated sporting event or competition;

(4) For use in any military or civil defense activity or ceremonial activity;

(5) For any public display authorized by a school.

Sec. 2923.53.  (A) No person, on or after January 1, 2016, shall knowingly change, alter, remove, or obliterate any coloration, markings, or bands that are required by any applicable law or regulation of this state or the United States for any imitation firearm in a way that makes the imitation firearm or device look more like a firearm.

(B) No person, on or after January 1, 2016, shall knowingly add to any firearm any coloration, markings, or bands that are required by any law or regulation of this state or the United States for any imitation firearm in a way that makes the firearm look more like an imitation firearm.

(C)(1) Whoever violates division (A) of this section is guilty of alteration of an imitation firearm, a misdemeanor of the first degree.

(2) Whoever violates division (B) of this section is guilty of disguising a firearm as an imitation firearm, a misdemeanor of the first degree.

(D) Division (A) of this section does not apply to any of the following:

(1) A manufacturer, importer, or distributor of imitation firearms;

(2) A lawful use in any theatrical production, including any motion picture, video, television, or stage production.

Sec. 2923.54.  (A) No person shall knowingly openly display or expose any imitation firearm in a public place on or after January 1, 2016.

(B) Whoever violates division (A) of this section is guilty of illegal public display of an imitation firearm, a misdemeanor of the first degree.

(C) Division (A) of this section does not apply in any of the following circumstances:

(1) The imitation firearm is packaged or concealed so that it is not subject to public viewing.

(2) The imitation firearm is displayed or exposed in the course of commerce, including a commercial film or video production, or for service, repair, or restoration of the imitation firearm.

(3) The imitation firearm is used in a theatrical production, including any motion picture, video, television, or stage production.

(4) The imitation firearm is used in conjunction with a certified or regulated sporting event or competition.

(5) The imitation firearm is used in conjunction with lawful hunting or a lawful pest control activity.

(6) The imitation firearm is used or possessed at a certified or regulated public or private shooting range.

(7) The imitation firearm is used at a fair, exhibition, exposition, or other similar activity for which a permit has been obtained from a local or state government.

(8) The imitation firearm is used in a military, civil defense, or civic activity, including a flag ceremony, color guard, parade, award presentation, historical reenactment, or memorial.

(9) The imitation firearm is used for a public display authorized by a school or a display that is part of a museum collection.

(10) The imitation firearm is used in a parade, ceremony, or other similar activity for which a permit has been obtained from a local or state government.

(11) The imitation firearm is displayed on a wall plaque or in a presentation case.

(12) The imitation firearm is being used in an area where the discharge of a firearm is lawful.

(13)(a) The entire exterior surface of the imitation firearm is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or the entire device is constructed of transparent or translucent material that permits unmistakable observation of the device's complete contents.

(b) To satisfy the requirement of division (C)(13)(a) of this section, the entire surface must be colored or transparent or translucent, and merely having an orange tip as provided in federal law and regulations does not satisfy that requirement.

Sec. 2923.55.  (A) Any imitation firearm manufactured after July 1, 2015, shall be accompanied, at the time of offer for commercial sale in this state, by a conspicuous advisory in writing as part of the packaging of the imitation firearm to the effect that all of the following apply:

(1) The product may be mistaken for a firearm by law enforcement officers or others.

(2) Altering the coloration or markings required by state or federal law or regulations so as to make the product look more like a firearm is dangerous and may be a crime.

(3) Brandishing or displaying the product in public may cause confusion and may be a crime.

(B) To comply with division (A) of this section, the conspicuous advisory may be, but is not required to be, affixed to the imitation firearm.

(C) No manufacturer, importer, or distributor shall knowingly fail to comply with division (A) of this section.

(D) A manufacturer, importer, or distributor that violates division (C) of this section is guilty of failure to provide imitation firearm warnings, a misdemeanor, and shall be fined as follows:

(1) Except as otherwise provided in division (D)(2) or (3) of this section, the offender shall be fined not more than one thousand dollars.

(2) If the offender once previously has been convicted of or pleaded guilty to a violation of division (C) of this section, the offender shall be fined not more than five thousand dollars.

(3) If the offender two or more times previously has been convicted of or pleaded guilty to a violation of division (C) of this section, the offender shall be fined not more than ten thousand dollars.