Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-10 - To State and Local Government
[HB119 Detail]Download: Ohio-2013-HB119-Introduced.html
As Introduced
| 130th General Assembly | | Regular Session | | 2013-2014 |
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A BILL
| To enact sections 2923.26, 2923.27, 2923.28, and | 1 |
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2923.29 of the Revised Code to require, subject to | 2 |
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certain exceptions, that a federally licensed | 3 |
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firearms dealer obtain a criminal records check of | 4 |
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a prospective firearm transferee when neither the | 5 |
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transferor nor transferee is a federally licensed | 6 |
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firearms dealer and to require that a federally | 7 |
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licensed firearms dealer who obtains a criminal | 8 |
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records check in such cases maintain a record of | 9 |
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that check and report to law enforcement the name | 10 |
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of any prospective transferee who may not legally | 11 |
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receive or possess firearms. | 12 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 2923.26, 2923.27, 2923.28, and | 13 |
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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 |
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and 2923.29 of the Revised Code: | 16 |
| (A) "Criminal records check" means a check of a person's | 17 |
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criminal records of the type required under 18 U.S.C. 922 by a | 18 |
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federally licensed firearms dealer who is a vendor of firearms. | 19 |
| (B) "Curio or relic" means a firearm that is of special | 20 |
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interest to collectors because of some quality of the firearm | 21 |
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other than a quality that is associated with firearms intended for | 22 |
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sporting use or as offensive or defensive weapons and to which at | 23 |
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least one of the following applies: | 24 |
| (1) It was manufactured at least fifty years before the date | 25 |
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of its prospective transfer and is not a replica. | 26 |
| (2) It is certified by the curator of a municipal, state, or | 27 |
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federal museum that exhibits firearms to be a curio or relic of | 28 |
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museum interest. | 29 |
| (3) It derives a substantial part of its monetary value from | 30 |
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the fact that it is novel, rare, or bizarre or is associated with | 31 |
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some historical figure, period, or event, as shown by evidence of | 32 |
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present value and by evidence that like firearms are not available | 33 |
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except as collector's items or that the value of like firearms | 34 |
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available in ordinary commercial channels is substantially less. | 35 |
| (C) "Federally licensed firearms dealer" has the same meaning | 36 |
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as in section 5502.63 of the Revised Code. | 37 |
| (D) "Firearm" has the same meaning as in section 2923.11 of | 38 |
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the Revised Code but does not include antique firearms as defined | 39 |
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in 18 U.S.C. 921 or curios or relics. | 40 |
| (E) "Shooting range" has the same meaning as in section | 41 |
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1533.83 of the Revised Code. | 42 |
| (F) "Unlicensed transferee" means a person who is not a | 43 |
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federally licensed firearms dealer and who wishes to receive a | 44 |
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firearm from an unlicensed transferor. | 45 |
| (G) "Unlicensed transferor" means a person who is not a | 46 |
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federally licensed firearms dealer and who wishes to transfer a | 47 |
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firearm to an unlicensed transferee. | 48 |
| Sec. 2923.27. (A) No unlicensed transferor shall transfer a | 49 |
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firearm to an unlicensed transferee unless the unlicensed | 50 |
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transferor first obtains a criminal records check of the | 51 |
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prospective unlicensed transferee from a federally licensed | 52 |
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firearms dealer and the criminal records check indicates that the | 53 |
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prospective unlicensed transferee is not prohibited from | 54 |
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possessing the firearm, unless the transfer is permitted without a | 55 |
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criminal records check under division (C) of this section. | 56 |
| (B) No unlicensed transferee shall receive a firearm from an | 57 |
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unlicensed transferor unless the unlicensed transferor first | 58 |
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obtains a criminal records check of the prospective unlicensed | 59 |
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transferee from a federally licensed firearms dealer and the | 60 |
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criminal records check indicates that the prospective transferee | 61 |
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is not prohibited from possessing the firearm, unless the transfer | 62 |
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is permitted without a criminal records check under division (C) | 63 |
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of this section. | 64 |
| (C) An unlicensed transferor may transfer a firearm to an | 65 |
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unlicensed transferee and an unlicensed transferee may receive a | 66 |
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firearm from an unlicensed transferor without a criminal records | 67 |
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check if any of the following apply: | 68 |
| (1) The firearm is transferred as a bona fide gift to a | 69 |
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spouse, parent, child, sibling, grandparent, or grandchild of the | 70 |
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transferor. | 71 |
| (2) The transfer occurs by operation of law or because of the | 72 |
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death of a person for whom the transferor is an executor or | 73 |
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administrator of an estate or a trustee of a trust created by a | 74 |
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will. | 75 |
| (3) The transfer is a temporary transfer of possession but | 76 |
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not of title that takes place at a legally operated shooting range | 77 |
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for use at the shooting range, at a target firearm shooting | 78 |
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competition conducted under the auspices of or approved by a | 79 |
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government agency of this state or a nonprofit organization for | 80 |
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use in the competition, or for the purpose of legal hunting. | 81 |
| (4) The transferee is a government agency or an authorized | 82 |
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representative of a government agency, and the transfer is made as | 83 |
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part of an authorized, voluntary program in which the agency or | 84 |
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representative is acquiring weapons from private individuals. | 85 |
| (5) The transfer is a delivery of a firearm by its owner to a | 86 |
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gunsmith for service or repair, the return of the firearm to its | 87 |
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owner by the gunsmith, or the delivery of a firearm by a gunsmith | 88 |
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to a federally licensed firearms dealer for service or repair and | 89 |
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the return of the firearm to the gunsmith. | 90 |
| (D) Whoever violates division (A) or (B) of this section is | 91 |
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guilty of an unlawful transfer of a firearm, a misdemeanor of the | 92 |
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first degree. | 93 |
| Sec. 2923.28. (A) A federally licensed firearms dealer who | 94 |
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obtains a criminal records check on a prospective transferee under | 95 |
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section 2923.27 of the Revised Code shall record the event in a | 96 |
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book kept for that purpose and shall include all of the following: | 97 |
| (1) The name, age, and residential address of the prospective | 98 |
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transferor and transferee; | 99 |
| (2) The make, caliber, and finish of the firearm, together | 100 |
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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 |
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record book required by division (A) of this section and shall | 104 |
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make it available at all times for inspection by any law | 105 |
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enforcement officer. | 106 |
| (C) If a federally licensed firearms dealer who obtains a | 107 |
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criminal records check on a prospective transferee under section | 108 |
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2923.27 of the Revised Code has reason to believe, based on the | 109 |
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information received from the criminal records check, that the | 110 |
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receipt or possession of a firearm by the prospective transferee | 111 |
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would violate federal, state, or local law, the dealer, within | 112 |
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twenty-four hours after receiving the information, shall inform | 113 |
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the chief law enforcement officers of the municipal corporations | 114 |
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or counties in which the prospective transferor and transferee | 115 |
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reside of the identity of the prospective transferee and the basis | 116 |
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of the dealer's belief. | 117 |
| (D)(1) Whoever violates division (A) or (B) of this section | 118 |
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is guilty of failure to maintain a gun show record, a misdemeanor | 119 |
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of the first degree. | 120 |
| (2) Whoever violates division (C) of this section is guilty | 121 |
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of failure to report a firearm disability, a misdemeanor of the | 122 |
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first degree. | 123 |
| Sec. 2923.29. For each criminal records check conducted | 124 |
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pursuant to section 2923.27 of the Revised Code, a federally | 125 |
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licensed firearms dealer may charge a fee not exceeding ten | 126 |
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dollars. | 127 |
