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H. B. No. 119 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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.
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