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| To enact sections 2923.26, 2923.27, 2923.28, and | 1 | 
| 2923.29 of the Revised Code to require, subject to | 2 | 
| certain exceptions, that a federally licensed | 3 | 
| firearms dealer obtain a criminal records check of | 4 | 
| a prospective firearm transferee when neither the | 5 | 
| transferor nor transferee is a federally licensed | 6 | 
| firearms dealer and to require that a federally | 7 | 
| licensed firearms dealer who obtains a criminal | 8 | 
| records check in such cases maintain a record of | 9 | 
| that check and report to law enforcement the name | 10 | 
| of any prospective transferee who may not legally | 11 | 
| receive or possess firearms. | 12 | 
| Section 1. That sections 2923.26, 2923.27, 2923.28, and | 13 | 
| 2923.29 of the Revised Code be enacted to read as follows: | 14 | 
| Sec. 2923.26. As used in sections 2923.26, 2923.27, 2923.28, | 15 | 
| and 2923.29 of the Revised Code: | 16 | 
| (A) "Criminal records check" means a check of a person's | 17 | 
| criminal records of the type required under 18 U.S.C. 922 by a | 18 | 
| federally licensed firearms dealer who is a vendor of firearms. | 19 | 
| (B) "Curio or relic" means a firearm that is of special | 20 | 
| interest to collectors because of some quality of the firearm | 21 | 
| other than a quality that is associated with firearms intended for | 22 | 
| sporting use or as offensive or defensive weapons and to which at | 23 | 
| least one of the following applies: | 24 | 
| (1) It was manufactured at least fifty years before the date | 25 | 
| of its prospective transfer and is not a replica. | 26 | 
| (2) It is certified by the curator of a municipal, state, or | 27 | 
| federal museum that exhibits firearms to be a curio or relic of | 28 | 
| museum interest. | 29 | 
| (3) It derives a substantial part of its monetary value from | 30 | 
| the fact that it is novel, rare, or bizarre or is associated with | 31 | 
| some historical figure, period, or event, as shown by evidence of | 32 | 
| present value and by evidence that like firearms are not available | 33 | 
| except as collector's items or that the value of like firearms | 34 | 
| available in ordinary commercial channels is substantially less. | 35 | 
| (C) "Federally licensed firearms dealer" has the same meaning | 36 | 
| as in section 5502.63 of the Revised Code. | 37 | 
| (D) "Firearm" has the same meaning as in section 2923.11 of | 38 | 
| the Revised Code but does not include antique firearms as defined | 39 | 
| in 18 U.S.C. 921 or curios or relics. | 40 | 
| (E) "Shooting range" has the same meaning as in section | 41 | 
| 1533.83 of the Revised Code. | 42 | 
| (F) "Unlicensed transferee" means a person who is not a | 43 | 
| federally licensed firearms dealer and who wishes to receive a | 44 | 
| firearm from an unlicensed transferor. | 45 | 
| (G) "Unlicensed transferor" means a person who is not a | 46 | 
| federally licensed firearms dealer and who wishes to transfer a | 47 | 
| firearm to an unlicensed transferee. | 48 | 
| Sec. 2923.27. (A) No unlicensed transferor shall transfer a | 49 | 
| firearm to an unlicensed transferee unless the unlicensed | 50 | 
| transferor first obtains a criminal records check of the | 51 | 
| prospective unlicensed transferee from a federally licensed | 52 | 
| firearms dealer and the criminal records check indicates that the | 53 | 
| prospective unlicensed transferee is not prohibited from | 54 | 
| possessing the firearm, unless the transfer is permitted without a | 55 | 
| criminal records check under division (C) of this section. | 56 | 
| (B) No unlicensed transferee shall receive a firearm from an | 57 | 
| unlicensed transferor unless the unlicensed transferor first | 58 | 
| obtains a criminal records check of the prospective unlicensed | 59 | 
| transferee from a federally licensed firearms dealer and the | 60 | 
| criminal records check indicates that the prospective transferee | 61 | 
| is not prohibited from possessing the firearm, unless the transfer | 62 | 
| is permitted without a criminal records check under division (C) | 63 | 
| of this section. | 64 | 
| (C) An unlicensed transferor may transfer a firearm to an | 65 | 
| unlicensed transferee and an unlicensed transferee may receive a | 66 | 
| firearm from an unlicensed transferor without a criminal records | 67 | 
| check if any of the following apply: | 68 | 
| (1) The firearm is transferred as a bona fide gift to a | 69 | 
| spouse, parent, child, sibling, grandparent, or grandchild of the | 70 | 
| transferor. | 71 | 
| (2) The transfer occurs by operation of law or because of the | 72 | 
| death of a person for whom the transferor is an executor or | 73 | 
| administrator of an estate or a trustee of a trust created by a | 74 | 
| will. | 75 | 
| (3) The transfer is a temporary transfer of possession but | 76 | 
| not of title that takes place at a legally operated shooting range | 77 | 
| for use at the shooting range, at a target firearm shooting | 78 | 
| competition conducted under the auspices of or approved by a | 79 | 
| government agency of this state or a nonprofit organization for | 80 | 
| use in the competition, or for the purpose of legal hunting. | 81 | 
| (4) The transferee is a government agency or an authorized | 82 | 
| representative of a government agency, and the transfer is made as | 83 | 
| part of an authorized, voluntary program in which the agency or | 84 | 
| representative is acquiring weapons from private individuals. | 85 | 
| (5) The transfer is a delivery of a firearm by its owner to a | 86 | 
| gunsmith for service or repair, the return of the firearm to its | 87 | 
| owner by the gunsmith, or the delivery of a firearm by a gunsmith | 88 | 
| to a federally licensed firearms dealer for service or repair and | 89 | 
| the return of the firearm to the gunsmith. | 90 | 
| (D) Whoever violates division (A) or (B) of this section is | 91 | 
| guilty of an unlawful transfer of a firearm, a misdemeanor of the | 92 | 
| first degree. | 93 | 
| Sec. 2923.28. (A) A federally licensed firearms dealer who | 94 | 
| obtains a criminal records check on a prospective transferee under | 95 | 
| section 2923.27 of the Revised Code shall record the event in a | 96 | 
| book kept for that purpose and shall include all of the following: | 97 | 
| (1) The name, age, and residential address of the prospective | 98 | 
| transferor and transferee; | 99 | 
| (2) The make, caliber, and finish of the firearm, together | 100 | 
| with its number and serial letter, if any; | 101 | 
| (3) The date of the proposed transfer. | 102 | 
| (B) A federally licensed firearms dealer shall maintain the | 103 | 
| record book required by division (A) of this section and shall | 104 | 
| make it available at all times for inspection by any law | 105 | 
| enforcement officer. | 106 | 
| (C) If a federally licensed firearms dealer who obtains a | 107 | 
| criminal records check on a prospective transferee under section | 108 | 
| 2923.27 of the Revised Code has reason to believe, based on the | 109 | 
| information received from the criminal records check, that the | 110 | 
| receipt or possession of a firearm by the prospective transferee | 111 | 
| would violate federal, state, or local law, the dealer, within | 112 | 
| twenty-four hours after receiving the information, shall inform | 113 | 
| the chief law enforcement officers of the municipal corporations | 114 | 
| or counties in which the prospective transferor and transferee | 115 | 
| reside of the identity of the prospective transferee and the basis | 116 | 
| of the dealer's belief. | 117 | 
| (D)(1) Whoever violates division (A) or (B) of this section | 118 | 
| is guilty of failure to maintain a gun show record, a misdemeanor | 119 | 
| of the first degree. | 120 | 
| (2) Whoever violates division (C) of this section is guilty | 121 | 
| of failure to report a firearm disability, a misdemeanor of the | 122 | 
| first degree. | 123 | 
| Sec. 2923.29. For each criminal records check conducted | 124 | 
| pursuant to section 2923.27 of the Revised Code, a federally | 125 | 
| licensed firearms dealer may charge a fee not exceeding ten | 126 | 
| dollars. | 127 |