As Introduced

132nd General Assembly

Regular Session H. B. No. 153

2017-2018

Representative Patmon

A BILL

To enact sections 2923.51, 2923.52, 2923.53, 2923.54, and 2923.55 of the Revised Code to generally ban the manufacture, sale, alteration, and public display of imitation firearms and the disguising of a firearm to make it resemble an imitation firearm.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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) "Imitation firearm" means any BB device, replica of a firearm, or other device that is so substantially similar in overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm, regardless of the color of the BB device, replica, or other device.

(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.

Sec. 2923.52. (A) No person shall knowingly manufacture an imitation firearm in this state on or after December 19, 2018.

(B) No person shall knowingly sell an imitation firearm in this state on or after December 19, 2018.

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

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

(D) Division (A) of this section does not apply to the manufacture, and division (B) 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 complies with the requirements of federal law;

(5) An imitation firearm that contains, or has affixed to it, a marking that complies with the requirements of federal law that apply to that imitation firearm.

(E) Division (A) of this section does not apply to the manufacture, and division (B) 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 as a prop 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.

Sec. 2923.53. (A) No person, on or after December 19, 2018, shall knowingly modify any imitation firearm in a way that makes the imitation firearm look more like a firearm.

(B) No person, on or after December 19, 2018, shall knowingly modify any 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 a lawful use of an imitation firearm in any theatrical production, including any motion picture, video, television, or stage production.

Sec. 2923.54. (A) No person, on or after December 19, 2018, shall knowingly and openly display or expose any imitation firearm in a public place.

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

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

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

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

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

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

(6) 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.

(7) 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.

(8) The imitation firearm is used for a display that is part of a museum collection.

(9) 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.

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

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

Sec. 2923.55. (A) Any imitation firearm legally manufactured in this state on or after December 19, 2018, shall be accompanied, at the time of offer for 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 product to make it 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.

(D) Whoever violates division (C) of this section is guilty of failure to provide imitation firearm warnings, a misdemeanor of the first degree.