To enact sections 2923.26, 2923.27, 2923.28, and 2923.29 of the Revised Code to require, subject to certain exceptions, that a federally licensed firearms dealer obtain a criminal records check of a prospective firearm transferee when neither the transferor nor transferee is a federally licensed firearms dealer and to require that a federally licensed firearms dealer who obtains a criminal records check in such cases maintain a record of that check and report to law enforcement the name of any prospective transferee who may not legally receive or possess firearms.

Section 1. That sections 2923.26, 2923.27, 2923.28, and 2923.29 of the Revised Code be enacted to read as follows:

Sec. 2923.26.  As used in sections 2923.26, 2923.27, 2923.28, and 2923.29 of the Revised Code:

(A) "Criminal records check" means a check of a person's criminal records of the type required under 18 U.S.C. 922 by a federally licensed firearms dealer who is a vendor of firearms.

(B) "Curio or relic" means a firearm that is of special interest to collectors because of some quality of the firearm other than a quality that is associated with firearms intended for sporting use or as offensive or defensive weapons and to which at least one of the following applies:

(1) It was manufactured at least fifty years before the date of its prospective transfer and is not a replica.

(2) It is certified by the curator of a municipal, state, or federal museum that exhibits firearms to be a curio or relic of museum interest.

(3) It derives a substantial part of its monetary value from the fact that it is novel, rare, or bizarre or is associated with some historical figure, period, or event, as shown by evidence of present value and by evidence that like firearms are not available except as collector's items or that the value of like firearms available in ordinary commercial channels is substantially less.

(C) "Federally licensed firearms dealer" has the same meaning as in section 5502.63 of the Revised Code.

(D) "Firearm" has the same meaning as in section 2923.11 of the Revised Code but does not include antique firearms as defined in 18 U.S.C. 921 or curios or relics.

(E) "Shooting range" has the same meaning as in section 1533.83 of the Revised Code.

(F) "Unlicensed transferee" means a person who is not a federally licensed firearms dealer and who wishes to receive a firearm from an unlicensed transferor.

(G) "Unlicensed transferor" means a person who is not a federally licensed firearms dealer and who wishes to transfer a firearm to an unlicensed transferee.

Sec. 2923.27.  (A) No unlicensed transferor shall transfer a firearm to an unlicensed transferee unless the unlicensed transferor first obtains a criminal records check of the prospective unlicensed transferee from a federally licensed firearms dealer and the criminal records check indicates that the prospective unlicensed transferee is not prohibited from possessing the firearm, unless the transfer is permitted without a criminal records check under division (C) of this section.

(B) No unlicensed transferee shall receive a firearm from an unlicensed transferor unless the unlicensed transferor first obtains a criminal records check of the prospective unlicensed transferee from a federally licensed firearms dealer and the criminal records check indicates that the prospective transferee is not prohibited from possessing the firearm, unless the transfer is permitted without a criminal records check under division (C) of this section.

(C) An unlicensed transferor may transfer a firearm to an unlicensed transferee and an unlicensed transferee may receive a firearm from an unlicensed transferor without a criminal records check if any of the following apply:

(1) The firearm is transferred as a bona fide gift to a spouse, parent, child, sibling, grandparent, or grandchild of the transferor.

(2) The transfer occurs by operation of law or because of the death of a person for whom the transferor is an executor or administrator of an estate or a trustee of a trust created by a will.

(3) The transfer is a temporary transfer of possession but not of title that takes place at a legally operated shooting range for use at the shooting range, at a target firearm shooting competition conducted under the auspices of or approved by a government agency of this state or a nonprofit organization for use in the competition, or for the purpose of legal hunting.

(4) The transferee is a government agency or an authorized representative of a government agency, and the transfer is made as part of an authorized, voluntary program in which the agency or representative is acquiring weapons from private individuals.

(5) The transfer is a delivery of a firearm by its owner to a gunsmith for service or repair, the return of the firearm to its owner by the gunsmith, or the delivery of a firearm by a gunsmith to a federally licensed firearms dealer for service or repair and the return of the firearm to the gunsmith.

(D) Whoever violates division (A) or (B) of this section is guilty of an unlawful transfer of a firearm, a misdemeanor of the first degree.

Sec. 2923.28.  (A) A federally licensed firearms dealer who obtains a criminal records check on a prospective transferee under section 2923.27 of the Revised Code shall record the event in a book kept for that purpose and shall include all of the following:

(1) The name, age, and residential address of the prospective transferor and transferee;

(2) The make, caliber, and finish of the firearm, together with its number and serial letter, if any;

(3) The date of the proposed transfer.

(B) A federally licensed firearms dealer shall maintain the record book required by division (A) of this section and shall make it available at all times for inspection by any law enforcement officer.

(C) If a federally licensed firearms dealer who obtains a criminal records check on a prospective transferee under section 2923.27 of the Revised Code has reason to believe, based on the information received from the criminal records check, that the receipt or possession of a firearm by the prospective transferee would violate federal, state, or local law, the dealer, within twenty-four hours after receiving the information, shall inform the chief law enforcement officers of the municipal corporations or counties in which the prospective transferor and transferee reside of the identity of the prospective transferee and the basis of the dealer's belief.

(D)(1) Whoever violates division (A) or (B) of this section is guilty of failure to maintain a gun show record, a misdemeanor of the first degree.

(2) Whoever violates division (C) of this section is guilty of failure to report a firearm disability, a misdemeanor of the first degree.

Sec. 2923.29.  For each criminal records check conducted pursuant to section 2923.27 of the Revised Code, a federally licensed firearms dealer may charge a fee not exceeding ten dollars.