As a police officer and chief investigator for the Stark County Coroner’s Office explained, federal law did not require Claren to undergo a background check to purchase the replica of the antique firearm. However, it appears that Ohio's state law did require a background check. [More]This just came across the transom as I was preparing to call it a week and I don't have much time to spend right now. I confess to never considering this before having never been in the market for one, but ILA seems to agree:
Antiques and Replicas - Antique and antique replica rifles, shotguns, or handguns are treated like modern arms for possession, carrying and purchase purposes.I don't see where that language appears in Ohio Revised Code. What I found there says:
(L) "Dangerous ordnance" does not include any of the following: (1) Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;Well that certainly confuses the issue.
I have no idea how PLCAA would factor into any of this for civil protection, or what the extent of damage to the company will be if it turns out this has been an ongoing practice rather than a one-time slip-up, and if this opens a door to criminal charges.
Anybody with knowledge about this know the relevant ORC section or have experience/insights? I'll make a point of checking comments over the next few hours if you do.
And none of this alters a fundamental truth.
[Via Mack H]
UPDATE: Also, would NICS be the mechanism for conducting the check, and what is the state's criminal penalty for violation?