To enact section 2923.26 of the Revised Code to prohibit any transfer of a firearm from a person who is not a federally licensed firearms dealer to a person who is not a federally licensed firearms dealer unless the firearm is transferred through a federally licensed firearms dealer, through a state or local law enforcement agency, or pursuant to a specified exception; to require that background checks be conducted when a firearm is transferred through a federally licensed firearms dealer or through a state or local law enforcement agency; and to provide for recordkeeping with respect to information obtained pursuant to such a background check.

Section 1. That section 2923.26 of the Revised Code be enacted to read as follows:

Sec. 2923.26.  (A) As used in this section:

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

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

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

(4) "Identification document" means a document made or issued by or under the authority of the United States government, this state, or any other state, a political subdivision of this state or any other state, a sponsoring entity of an event designated as a special event of national significance, a foreign government, a political subdivision of a foreign government, an international governmental organization, or an international quasi-governmental organization that, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.

(B) No federally licensed firearms dealer shall transfer a firearm to any person unless the federally licensed firearms dealer complies with the requirements of 18 U.S.C. section 922(t).

(C)(1) No unlicensed transferor shall transfer a firearm to an unlicensed transferee, unless both of the following apply with respect to the transfer of the firearm:

(a) The firearm is transferred through a federally licensed firearms dealer under division (E) of this section, through a law enforcement agency under division (F) of this section, or in accordance with an exception described in division (G) of this section.

(b) The firearm is transferred in accordance with division (C)(2) of this section.

(2) Except as provided in division (G) of this section, an unlicensed transferor shall not do any of the following:

(a) Subject to division (C)(2)(b) of this section, transfer a firearm to an unlicensed transferee until the federally licensed firearms dealer through which the transfer is made under division (E) of this section gives a notice described in division (E)(4)(a) of this section, or the law enforcement agency through which the transfer is made under division (F) of this section gives a notice described in division (F)(4)(a) of this section;

(b) Transfer a firearm to an unlicensed transferee if the federally licensed firearms dealer through which the transfer is made under division (E) of this section gives a notice described in division (E)(4)(b) of this section, or the law enforcement agency through which the transfer is made under division (F) of this section gives a notice described in division (F)(3)(b) of this section.

(3) Nothing in this section permits or authorizes the attorney general of this state or the attorney general of the United States to impose recordkeeping requirements on any unlicensed transferor.

(D)(1) No unlicensed transferee shall receive a firearm from an unlicensed transferor, unless both of the following apply with respect to the transfer of the firearm:

(a) The firearm is transferred through a federally licensed firearms dealer under division (E) of this section, through a law enforcement agency under division (F) of this section, or in accordance with an exception described in division (G) of this section.

(b) The firearm is transferred in accordance with division (D)(2) of this section.

(2) Except as provided in division (G) of this section, an unlicensed transferee shall not do any of the following:

(a) Subject to division (D)(2)(b) of this section, receive a firearm from an unlicensed transferor until the federally licensed firearms dealer through which the transfer is made under division (E) of this section gives a notice described in division (E)(4)(a) of this section, or the law enforcement agency through which the transfer is made under division (F) of this section gives a notice described in division (F)(4)(a) of this section;

(b) Receive a firearm from another unlicensed transferor if the federally licensed firearms dealer through which the transfer is made under division (E) of this section gives a notice described in division (E)(4)(b) of this section, or the law enforcement agency through which the transfer is made under division (F) of this section gives a notice described in division (F)(4)(b) of this section.

(E) A federally licensed firearms dealer who agrees to assist in the transfer of a firearm between an unlicensed transferor and an unlicensed transferee under division (C) or (D) of this section shall do all of the following:

(1) Enter any information about the firearm that the attorney general of this state or the attorney general of the United States may require by rule or regulation into a separate bound record;

(2) Record the transfer on a form prescribed by the attorney general of this state pursuant to division (J) of this section;

(3) Comply with 18 U.S.C. section 922(t) as if transferring the firearm from the inventory of the federally licensed firearms dealer to the unlicensed transferee, except that a federally licensed firearms dealer assisting in the transfer of a firearm under this division shall not be required to comply again with the requirements of that provision in delivering the firearm to the unlicensed transferee;

(4) Notify the unlicensed transferor and unlicensed transferee of both of the following:

(a) Of compliance with 18 U.S.C. section 922(t) as provided in division (E)(3) of this section;

(b) If the transfer is subject to 18 U.S.C. section 922(t)(1), of receipt by the federally licensed firearms dealer of a notice from the national instant criminal background check system that the transfer would violate 18 U.S.C. section 922 or the law of this state.

(5) Not later than thirty-one days after the date on which the transfer occurs, submit to the attorney general of the United States a report of the transfer on a form prescribed by the attorney general of this state pursuant to division (J) of this section that does not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;

(6) If the federally licensed firearms dealer assists an unlicensed transferor in transferring at the same time or during any five consecutive business days two or more pistols or revolvers, or any combination of pistols and revolvers totaling two or more, to the same unlicensed transferee, in addition to the reports required under division (E)(5) of this section, prepare a report of the multiple transfers on a form prescribed by the attorney general of this state pursuant to division (J) of this section and submit the report not later than the close of business on the date on which the transfer requiring the report under this division occurs to the office specified on the form described in division (E)(5) of this section and to the bureau of criminal identification and investigation;

(7) Retain a record of the transfer as part of the permanent business records of the federally licensed firearms dealer.

(F) A law enforcement agency of this state or of a political subdivision of this state that agrees to assist an unlicensed transferor in carrying out the responsibilities of the unlicensed transferor under division (C) of this section with respect to the transfer of a firearm shall do all of the following:

(1) Contact the national instant criminal background check system under 18 U.S.C. section 922(t) and either receive an identification number as described in 18 U.S.C. section 922(t)(1)(B)(i) or wait the period described in 18 U.S.C. section 922(t)(1)(B)(ii);

(2) Conduct any other checks that the agency considers appropriate to determine whether the receipt or possession of the firearm by the unlicensed transferee would violate 18 U.S.C. section 922 or the law of this state;

(3) Verify the identity of the unlicensed transferee by either examining a valid identification document of the unlicensed transferee containing a photograph of the unlicensed transferee or confirming that the unlicensed transferor has examined such a valid identification document;

(4) Notify the unlicensed transferor and transferee of all of the following:

(a) The compliance by the law enforcement agency with the requirements under divisions (F)(1), (2), and (3) of this section;

(b) Any receipt by the law enforcement agency of a notification from the national instant criminal background check system or other information that the transfer would violate 18 U.S.C. section 922 or would violate the law of this state.

(5) Not later than thirty-one days after the date on which the transfer occurs, submit to the attorney general of the United States a report of the transfer on a form prescribed by the attorney general of this state pursuant to division (J) of this section that does not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;

(6) If the law enforcement agency assists an unlicensed transferor in transferring at the same time or during any five consecutive business days two or more pistols or revolvers, or any combination of pistols and revolvers totaling two or more, to the same unlicensed transferee, in addition to the reports required under division (F)(5) of this section, prepare a report of the multiple transfers on a form prescribed by the attorney general of this state pursuant to division (J) of this section and submit the report not later than twenty-four hours after the transfer requiring the report under this division occurs to the office specified on the form described in division (E)(5) of this section and to the bureau of criminal identification and investigation;

(7) Maintain records of the transfer at any place, and in any form, that the attorney general of this state or the attorney general of the United States may prescribe.

(G) Unless prohibited by any other provision of law, divisions (C) and (D) of this section shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee if any of the following apply with respect to the transfer:

(1) The transfer is a bona fide gift between immediate family members, including spouses, parents, children, siblings, grandparents, and grandchildren.

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

(3) The transfer is temporary and occurs while in the home of the unlicensed transferee, the unlicensed transferee is not otherwise prohibited from possessing firearms, and the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee.

(4) The transfer is approved by the attorney general of the United States under section 5812 of the Internal Revenue Code of 1986.

(5) The transfer is a temporary transfer of possession without transfer of title that takes place in any of the following circumstances:

(a) At a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;

(b) At a target firearm shooting competition under the auspices of or approved by an agency of this state or a nonprofit organization;

(c) While hunting, fishing, or trapping, if the activity is legal in all places where the unlicensed transferee possesses the firearm, and the unlicensed transferee holds any required license or permit.

(6) The transfer is to an authorized representative of a law enforcement agency of any city, any county, this state, or the federal government for exclusive use by that governmental entity and, prior to the transfer, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the transfer is being made. The proper written authorization shall be verifiable written certification from the head of the agency by which the transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.

(7) The transfer is a loan of the firearm by an authorized law enforcement representative of a municipal corporation, a county, this state, or the federal government, the loan is made to a peace officer who is employed by that governmental entity and authorized to carry a firearm, and the loan is made for the carrying and use of that firearm by that peace officer in the course and scope of the officer's duties.

(8) The transfer is by a law enforcement agency to a peace officer.

(9) The transfer is by a law enforcement agency to a retiring peace officer of that agency who is authorized to carry a firearm.

(10) The transfer is to an authorized representative of a municipal corporation, a county, this state, or the federal government and is for the governmental entity, and the entity is acquiring the firearm as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals.

(11) The transfer is by an authorized law enforcement representative of a municipal corporation, a county, this state, or the federal government to any public or private nonprofit historical society, museum, or institutional collection, if all of the following conditions are met:

(a) The entity receiving the firearm is open to the public.

(b) The firearm prior to delivery is deactivated or rendered inoperable.

(c) The firearm is not of a type prohibited by provision of law from being transferred to the public at large.

(d) Prior to delivery, the entity receiving the firearm submits a written statement to the law enforcement representative stating that the firearm will not be restored to operating condition and will either remain with that entity, or if subsequently disposed of, will be transferred in accordance with the applicable provisions of law.

(12) The transfer is by any person other than a representative of an authorized law enforcement agency to any public or private nonprofit historical society, museum, or institutional collection, if all of the conditions set forth in divisions (G)(11)(a) to (d) of this section are met.

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

(14) The transfer is made by a person who resides in this state, is made to a person who resides outside this state and is a federally licensed firearms dealer, and is in accordance with federal firearms law.

(15) The transfer is of any unloaded firearm to a wholesaler as merchandise in the wholesaler's business by a manufacturer or importer licensed to engage in that business pursuant to federal firearms law or by another wholesaler and is made in accordance with federal firearms law.

(H) A federally licensed firearms dealer or law enforcement agency that processes the transfer of a firearm under this section may assess and collect a fee, in an amount not to exceed ten dollars, with respect to each firearm transfer processed.

(I) Nothing in division (F)(7) of this section shall be construed to authorize the attorney general of this state or the attorney general of the United States to inspect records described in that division or to require that the records be transferred to a facility owned, managed, or controlled by this state or the United States.

(J) The attorney general of this state by rule shall prescribe the forms to be used for keeping the records and making the reports required under this section. If the attorney general of the United States adopts forms to be used for keeping similar records and making similar reports that may be required under federal law, the attorney general of this state shall prescribe those forms to be used for keeping the records and making the reports required under this section.

(K) Whoever violates division (B), (C), or (D) of this section is guilty of illegal transfer of a firearm. Except as otherwise provided in this division, illegal transfer of a firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section, illegal transfer of a firearm is a felony of the fifth degree.