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| To enact section 2923.26 of the Revised Code to | 1 |
| prohibit any transfer of a firearm from a person | 2 |
| who is not a federally licensed firearms dealer to | 3 |
| a person who is not a federally licensed firearms | 4 |
| dealer unless the firearm is transferred through a | 5 |
| federally licensed firearms dealer, through a | 6 |
| state or local law enforcement agency, or pursuant | 7 |
| to a specified exception; to require that | 8 |
| background checks be conducted when a firearm is | 9 |
| transferred through a federally licensed firearms | 10 |
| dealer or through a state or local law enforcement | 11 |
| agency; and to provide for recordkeeping with | 12 |
| respect to information obtained pursuant to such a | 13 |
| background check. | 14 |
| Section 1. That section 2923.26 of the Revised Code be | 15 |
| enacted to read as follows: | 16 |
| Sec. 2923.26. (A) As used in this section: | 17 |
| (1) "Federally licensed firearms dealer" has the same meaning | 18 |
| as in section 5502.63 of the Revised Code. | 19 |
| (2) "Unlicensed transferee" means a person who is not a | 20 |
| federally licensed firearms dealer and who desires to receive a | 21 |
| firearm from an unlicensed transferor. | 22 |
| (3) "Unlicensed transferor" means a person who is not a | 23 |
| federally licensed firearms dealer and who desires to transfer a | 24 |
| firearm to an unlicensed transferee. | 25 |
| (4) "Identification document" means a document made or issued | 26 |
| by or under the authority of the United States government, this | 27 |
| state, or any other state, a political subdivision of this state | 28 |
| or any other state, a sponsoring entity of an event designated as | 29 |
| a special event of national significance, a foreign government, a | 30 |
| political subdivision of a foreign government, an international | 31 |
| governmental organization, or an international quasi-governmental | 32 |
| organization that, when completed with information concerning a | 33 |
| particular individual, is of a type intended or commonly accepted | 34 |
| for the purpose of identification of individuals. | 35 |
| (B) No federally licensed firearms dealer shall transfer a | 36 |
| firearm to any person unless the federally licensed firearms | 37 |
| dealer complies with the requirements of 18 U.S.C. section 922(t). | 38 |
| (C)(1) No unlicensed transferor shall transfer a firearm to | 39 |
| an unlicensed transferee, unless both of the following apply with | 40 |
| respect to the transfer of the firearm: | 41 |
| (a) The firearm is transferred through a federally licensed | 42 |
| firearms dealer under division (E) of this section, through a law | 43 |
| enforcement agency under division (F) of this section, or in | 44 |
| accordance with an exception described in division (G) of this | 45 |
| section. | 46 |
| (b) The firearm is transferred in accordance with division | 47 |
| (C)(2) of this section. | 48 |
| (2) Except as provided in division (G) of this section, an | 49 |
| unlicensed transferor shall not do any of the following: | 50 |
| (a) Subject to division (C)(2)(b) of this section, transfer a | 51 |
| firearm to an unlicensed transferee until the federally licensed | 52 |
| firearms dealer through which the transfer is made under division | 53 |
| (E) of this section gives a notice described in division (E)(4)(a) | 54 |
| of this section, or the law enforcement agency through which the | 55 |
| transfer is made under division (F) of this section gives a notice | 56 |
| described in division (F)(4)(a) of this section; | 57 |
| (b) Transfer a firearm to an unlicensed transferee if the | 58 |
| federally licensed firearms dealer through which the transfer is | 59 |
| made under division (E) of this section gives a notice described | 60 |
| in division (E)(4)(b) of this section, or the law enforcement | 61 |
| agency through which the transfer is made under division (F) of | 62 |
| this section gives a notice described in division (F)(3)(b) of | 63 |
| this section. | 64 |
| (3) Nothing in this section permits or authorizes the | 65 |
| attorney general of this state or the attorney general of the | 66 |
| United States to impose recordkeeping requirements on any | 67 |
| unlicensed transferor. | 68 |
| (D)(1) No unlicensed transferee shall receive a firearm from | 69 |
| an unlicensed transferor, unless both of the following apply with | 70 |
| respect to the transfer of the firearm: | 71 |
| (a) The firearm is transferred through a federally licensed | 72 |
| firearms dealer under division (E) of this section, through a law | 73 |
| enforcement agency under division (F) of this section, or in | 74 |
| accordance with an exception described in division (G) of this | 75 |
| section. | 76 |
| (b) The firearm is transferred in accordance with division | 77 |
| (D)(2) of this section. | 78 |
| (2) Except as provided in division (G) of this section, an | 79 |
| unlicensed transferee shall not do any of the following: | 80 |
| (a) Subject to division (D)(2)(b) of this section, receive a | 81 |
| firearm from an unlicensed transferor until the federally licensed | 82 |
| firearms dealer through which the transfer is made under division | 83 |
| (E) of this section gives a notice described in division (E)(4)(a) | 84 |
| of this section, or the law enforcement agency through which the | 85 |
| transfer is made under division (F) of this section gives a notice | 86 |
| described in division (F)(4)(a) of this section; | 87 |
| (b) Receive a firearm from another unlicensed transferor if | 88 |
| the federally licensed firearms dealer through which the transfer | 89 |
| is made under division (E) of this section gives a notice | 90 |
| described in division (E)(4)(b) of this section, or the law | 91 |
| enforcement agency through which the transfer is made under | 92 |
| division (F) of this section gives a notice described in division | 93 |
| (F)(4)(b) of this section. | 94 |
| (E) A federally licensed firearms dealer who agrees to assist | 95 |
| in the transfer of a firearm between an unlicensed transferor and | 96 |
| an unlicensed transferee under division (C) or (D) of this section | 97 |
| shall do all of the following: | 98 |
| (1) Enter any information about the firearm that the attorney | 99 |
| general of this state or the attorney general of the United States | 100 |
| may require by rule or regulation into a separate bound record; | 101 |
| (2) Record the transfer on a form prescribed by the attorney | 102 |
| general of this state pursuant to division (J) of this section; | 103 |
| (3) Comply with 18 U.S.C. section 922(t) as if transferring | 104 |
| the firearm from the inventory of the federally licensed firearms | 105 |
| dealer to the unlicensed transferee, except that a federally | 106 |
| licensed firearms dealer assisting in the transfer of a firearm | 107 |
| under this division shall not be required to comply again with the | 108 |
| requirements of that provision in delivering the firearm to the | 109 |
| unlicensed transferee; | 110 |
| (4) Notify the unlicensed transferor and unlicensed | 111 |
| transferee of both of the following: | 112 |
| (a) Of compliance with 18 U.S.C. section 922(t) as provided | 113 |
| in division (E)(3) of this section; | 114 |
| (b) If the transfer is subject to 18 U.S.C. section | 115 |
| 922(t)(1), of receipt by the federally licensed firearms dealer of | 116 |
| a notice from the national instant criminal background check | 117 |
| system that the transfer would violate 18 U.S.C. section 922 or | 118 |
| the law of this state. | 119 |
| (5) Not later than thirty-one days after the date on which | 120 |
| the transfer occurs, submit to the attorney general of the United | 121 |
| States a report of the transfer on a form prescribed by the | 122 |
| attorney general of this state pursuant to division (J) of this | 123 |
| section that does not include the name of or other identifying | 124 |
| information relating to the unlicensed transferor or unlicensed | 125 |
| transferee; | 126 |
| (6) If the federally licensed firearms dealer assists an | 127 |
| unlicensed transferor in transferring at the same time or during | 128 |
| any five consecutive business days two or more pistols or | 129 |
| revolvers, or any combination of pistols and revolvers totaling | 130 |
| two or more, to the same unlicensed transferee, in addition to the | 131 |
| reports required under division (E)(5) of this section, prepare a | 132 |
| report of the multiple transfers on a form prescribed by the | 133 |
| attorney general of this state pursuant to division (J) of this | 134 |
| section and submit the report not later than the close of business | 135 |
| on the date on which the transfer requiring the report under this | 136 |
| division occurs to the office specified on the form described in | 137 |
| division (E)(5) of this section and to the bureau of criminal | 138 |
| identification and investigation; | 139 |
| (7) Retain a record of the transfer as part of the permanent | 140 |
| business records of the federally licensed firearms dealer. | 141 |
| (F) A law enforcement agency of this state or of a political | 142 |
| subdivision of this state that agrees to assist an unlicensed | 143 |
| transferor in carrying out the responsibilities of the unlicensed | 144 |
| transferor under division (C) of this section with respect to the | 145 |
| transfer of a firearm shall do all of the following: | 146 |
| (1) Contact the national instant criminal background check | 147 |
| system under 18 U.S.C. section 922(t) and either receive an | 148 |
| identification number as described in 18 U.S.C. section | 149 |
| 922(t)(1)(B)(i) or wait the period described in 18 U.S.C. section | 150 |
| 922(t)(1)(B)(ii); | 151 |
| (2) Conduct any other checks that the agency considers | 152 |
| appropriate to determine whether the receipt or possession of the | 153 |
| firearm by the unlicensed transferee would violate 18 U.S.C. | 154 |
| section 922 or the law of this state; | 155 |
| (3) Verify the identity of the unlicensed transferee by | 156 |
| either examining a valid identification document of the unlicensed | 157 |
| transferee containing a photograph of the unlicensed transferee or | 158 |
| confirming that the unlicensed transferor has examined such a | 159 |
| valid identification document; | 160 |
| (4) Notify the unlicensed transferor and transferee of all of | 161 |
| the following: | 162 |
| (a) The compliance by the law enforcement agency with the | 163 |
| requirements under divisions (F)(1), (2), and (3) of this section; | 164 |
| (b) Any receipt by the law enforcement agency of a | 165 |
| notification from the national instant criminal background check | 166 |
| system or other information that the transfer would violate 18 | 167 |
| U.S.C. section 922 or would violate the law of this state. | 168 |
| (5) Not later than thirty-one days after the date on which | 169 |
| the transfer occurs, submit to the attorney general of the United | 170 |
| States a report of the transfer on a form prescribed by the | 171 |
| attorney general of this state pursuant to division (J) of this | 172 |
| section that does not include the name of or other identifying | 173 |
| information relating to the unlicensed transferor or unlicensed | 174 |
| transferee; | 175 |
| (6) If the law enforcement agency assists an unlicensed | 176 |
| transferor in transferring at the same time or during any five | 177 |
| consecutive business days two or more pistols or revolvers, or any | 178 |
| combination of pistols and revolvers totaling two or more, to the | 179 |
| same unlicensed transferee, in addition to the reports required | 180 |
| under division (F)(5) of this section, prepare a report of the | 181 |
| multiple transfers on a form prescribed by the attorney general of | 182 |
| this state pursuant to division (J) of this section and submit the | 183 |
| report not later than twenty-four hours after the transfer | 184 |
| requiring the report under this division occurs to the office | 185 |
| specified on the form described in division (E)(5) of this section | 186 |
| and to the bureau of criminal identification and investigation; | 187 |
| (7) Maintain records of the transfer at any place, and in any | 188 |
| form, that the attorney general of this state or the attorney | 189 |
| general of the United States may prescribe. | 190 |
| (G) Unless prohibited by any other provision of law, | 191 |
| divisions (C) and (D) of this section shall not apply to any | 192 |
| transfer of a firearm between an unlicensed transferor and | 193 |
| unlicensed transferee if any of the following apply with respect | 194 |
| to the transfer: | 195 |
| (1) The transfer is a bona fide gift between immediate family | 196 |
| members, including spouses, parents, children, siblings, | 197 |
| grandparents, and grandchildren. | 198 |
| (2) The transfer occurs by operation of law, or because of | 199 |
| the death of another person for whom the unlicensed transferor is | 200 |
| an executor or administrator of an estate or a trustee of a trust | 201 |
| created in a will. | 202 |
| (3) The transfer is temporary and occurs while in the home of | 203 |
| the unlicensed transferee, the unlicensed transferee is not | 204 |
| otherwise prohibited from possessing firearms, and the unlicensed | 205 |
| transferee believes that possession of the firearm is necessary to | 206 |
| prevent imminent death or great bodily harm to the unlicensed | 207 |
| transferee. | 208 |
| (4) The transfer is approved by the attorney general of the | 209 |
| United States under section 5812 of the Internal Revenue Code of | 210 |
| 1986. | 211 |
| (5) The transfer is a temporary transfer of possession | 212 |
| without transfer of title that takes place in any of the following | 213 |
| circumstances: | 214 |
| (a) At a shooting range located in or on premises owned or | 215 |
| occupied by a duly incorporated organization organized for | 216 |
| conservation purposes or to foster proficiency in firearms; | 217 |
| (b) At a target firearm shooting competition under the | 218 |
| auspices of or approved by an agency of this state or a nonprofit | 219 |
| organization; | 220 |
| (c) While hunting, fishing, or trapping, if the activity is | 221 |
| legal in all places where the unlicensed transferee possesses the | 222 |
| firearm, and the unlicensed transferee holds any required license | 223 |
| or permit. | 224 |
| (6) The transfer is to an authorized representative of a law | 225 |
| enforcement agency of any city, any county, this state, or the | 226 |
| federal government for exclusive use by that governmental entity | 227 |
| and, prior to the transfer, written authorization from the head of | 228 |
| the agency authorizing the transaction is presented to the person | 229 |
| from whom the transfer is being made. The proper written | 230 |
| authorization shall be verifiable written certification from the | 231 |
| head of the agency by which the transferee is employed, | 232 |
| identifying the employee as an individual authorized to conduct | 233 |
| the transaction, and authorizing the transaction for the exclusive | 234 |
| use of the agency by which that person is employed. | 235 |
| (7) The transfer is a loan of the firearm by an authorized | 236 |
| law enforcement representative of a municipal corporation, a | 237 |
| county, this state, or the federal government, the loan is made to | 238 |
| a peace officer who is employed by that governmental entity and | 239 |
| authorized to carry a firearm, and the loan is made for the | 240 |
| carrying and use of that firearm by that peace officer in the | 241 |
| course and scope of the officer's duties. | 242 |
| (8) The transfer is by a law enforcement agency to a peace | 243 |
| officer. | 244 |
| (9) The transfer is by a law enforcement agency to a retiring | 245 |
| peace officer of that agency who is authorized to carry a firearm. | 246 |
| (10) The transfer is to an authorized representative of a | 247 |
| municipal corporation, a county, this state, or the federal | 248 |
| government and is for the governmental entity, and the entity is | 249 |
| acquiring the firearm as part of an authorized, voluntary program | 250 |
| in which the entity is buying or receiving weapons from private | 251 |
| individuals. | 252 |
| (11) The transfer is by an authorized law enforcement | 253 |
| representative of a municipal corporation, a county, this state, | 254 |
| or the federal government to any public or private nonprofit | 255 |
| historical society, museum, or institutional collection, if all of | 256 |
| the following conditions are met: | 257 |
| (a) The entity receiving the firearm is open to the public. | 258 |
| (b) The firearm prior to delivery is deactivated or rendered | 259 |
| inoperable. | 260 |
| (c) The firearm is not of a type prohibited by provision of | 261 |
| law from being transferred to the public at large. | 262 |
| (d) Prior to delivery, the entity receiving the firearm | 263 |
| submits a written statement to the law enforcement representative | 264 |
| stating that the firearm will not be restored to operating | 265 |
| condition and will either remain with that entity, or if | 266 |
| subsequently disposed of, will be transferred in accordance with | 267 |
| the applicable provisions of law. | 268 |
| (12) The transfer is by any person other than a | 269 |
| representative of an authorized law enforcement agency to any | 270 |
| public or private nonprofit historical society, museum, or | 271 |
| institutional collection, if all of the conditions set forth in | 272 |
| divisions (G)(11)(a) to (d) of this section are met. | 273 |
| (13) The transfer is delivery of a firearm to a gunsmith for | 274 |
| service or repair, is the return of the firearm to its owner by | 275 |
| the gunsmith, or is the delivery of a firearm by a gunsmith to a | 276 |
| federally licensed firearms dealer for service or repair or the | 277 |
| return of the firearm to the gunsmith. | 278 |
| (14) The transfer is made by a person who resides in this | 279 |
| state, is made to a person who resides outside this state and is a | 280 |
| federally licensed firearms dealer, and is in accordance with | 281 |
| federal firearms law. | 282 |
| (15) The transfer is of any unloaded firearm to a wholesaler | 283 |
| as merchandise in the wholesaler's business by a manufacturer or | 284 |
| importer licensed to engage in that business pursuant to federal | 285 |
| firearms law or by another wholesaler and is made in accordance | 286 |
| with federal firearms law. | 287 |
| (H) A federally licensed firearms dealer or law enforcement | 288 |
| agency that processes the transfer of a firearm under this section | 289 |
| may assess and collect a fee, in an amount not to exceed ten | 290 |
| dollars, with respect to each firearm transfer processed. | 291 |
| (I) Nothing in division (F)(7) of this section shall be | 292 |
| construed to authorize the attorney general of this state or the | 293 |
| attorney general of the United States to inspect records described | 294 |
| in that division or to require that the records be transferred to | 295 |
| a facility owned, managed, or controlled by this state or the | 296 |
| United States. | 297 |
| (J) The attorney general of this state by rule shall | 298 |
| prescribe the forms to be used for keeping the records and making | 299 |
| the reports required under this section. If the attorney general | 300 |
| of the United States adopts forms to be used for keeping similar | 301 |
| records and making similar reports that may be required under | 302 |
| federal law, the attorney general of this state shall prescribe | 303 |
| those forms to be used for keeping the records and making the | 304 |
| reports required under this section. | 305 |
| (K) Whoever violates division (B), (C), or (D) of this | 306 |
| section is guilty of illegal transfer of a firearm. Except as | 307 |
| otherwise provided in this division, illegal transfer of a firearm | 308 |
| is a misdemeanor of the first degree. If the offender previously | 309 |
| has been convicted of or pleaded guilty to a violation of this | 310 |
| section, illegal transfer of a firearm is a felony of the fifth | 311 |
| degree. | 312 |