OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 419 Bill Analysis
135th General Assembly
Click here for H.B. 419’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Robinson and Isaacsohn
Effective Date:
Ashley F. Dean, Attorney
SUMMARY
▪ Prohibits a federally licensed firearms dealer from transferring a firearm to any person
unless the dealer complies with the relevant requirements under federal law, which
generally requires background checks through the National Instant Criminal Background
Check System.
▪ Prohibits 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 any of a list of specified exceptions.
▪ Makes the penalty for a violation of the prohibitions a first, second, or fourth degree
misdemeanor and imposes a mandatory fine.
▪ Requires that, when a firearm is transferred through a federally licensed firearms dealer
or through a state or local law enforcement agency, the dealer or agency must comply
with the relevant requirements under federal law, which generally requires background
checks through the National Instant Criminal Background Check System and under state
law, which generally requires incompetency records checks through the Ohio Attorney
General.
▪ Requires that, immediately upon receipt, the Ohio Attorney General must conduct and
provide results of incompetency records checks to the requesting federally licensed
firearms dealer or law enforcement agency.
▪ Specifies that none of its provisions authorize the U.S. Attorney General to inspect records
or to require that the records be transferred to a facility owned, managed, or controlled
by the state of Ohio or the United States.
▪ Names the bill’s provisions the Universal Background Checks Act.
November 18, 2024
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Illegal transfer of a firearm
Generally, the bill prohibits three types of firearm transfers:
▪ The transfer of a firearm by a federally licensed firearms dealer to any person unless the
federally licensed firearms dealer complies with the relevant requirements under federal
law.1
▪ The transfer of a firearm by an unlicensed transferor to an unlicensed transferee.2
▪ The receipt of a firearm by an unlicensed transferee from an unlicensed transferor.3
A reckless violation of any of the prohibitions listed above is the offense of “illegal transfer
of a firearm.” The penalties for the offense are as follows:4
▪ Generally: A fourth degree misdemeanor and a mandatory fine of up to $250 with no
additional financial sanctions.
▪ If the offender previously has been convicted of the offense: A second degree
misdemeanor and a mandatory fine of up to $750 with no additional financial sanctions.
▪ If the offender previously has been convicted of two or more violations of the offense: A
first degree misdemeanor and a mandatory fine of up to $1,000 with the possibility of
additional financial sanctions.
Each of these prohibitions is discussed in detail below.
Firearm transfer by federally licensed firearms dealer
The bill prohibits a “federally licensed firearms dealer” from transferring a firearm to any
person unless the dealer complies with the proper requirements under federal law. Under the
bill, a “federally licensed firearms dealer” is an importer, manufacturer, or dealer having a license
to deal in destructive devices or their ammunition, issued and in effect pursuant to the federal
“Gun Control Act of 1968,” and any amendments or additions to that act or reenactments of that
Act (by reference to R.C. 5502.63, which is not in the bill).5
Firearm transfer by person who is not a federally licensed firearms
dealer
The bill prohibits an “unlicensed transferor” from transferring a firearm to an “unlicensed
transferee,” unless (1) the firearm is transferred through a federally licensed firearms dealer,
1
R.C. 2923.26(B).
2
R.C. 2923.26(C).
3
R.C. 2923.26(D).
4
R.C. 2923.26(J) and 2929.28(A)(4).
5
R.C. 2923.26(A)(1) and (B).
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transferred through a law enforcement agency, or is exempt from the bill’s prohibition (see
“Firearms transfers exempt from the bill’s prohibitions,” below) and (2) the
firearm is transferred in accordance with the transfer requirements (see “Transfer through
federally licensed firearms dealer,” below). An “unlicensed transferee” is a person who
is not a federally licensed firearms dealer and who desires to receive a firearm from an unlicensed
transferor. An “unlicensed transferor” is a person who is not a federally licensed firearms dealer
and who desires to transfer a firearm to an unlicensed transferee.6
Receipt of firearm by person who is not a federally licensed firearms
dealer
The bill prohibits an “unlicensed transferee” from receiving a firearm from an “unlicensed
transferor,” unless (1) the firearm is transferred through a federally licensed firearms dealer,
transferred through a law enforcement agency, or is exempt from the bill’s prohibition (see
“Firearms transfers exempt from the bill’s prohibitions,” below) and (2) the
firearm is transferred in accordance with the transfer requirements (see “Transfer through
law enforcement agency,” below).7
Transfer requirements
Prohibiting or authorizing notice
Under the bill, the federally licensed firearms dealer or law enforcement agency through
which the transfer is made must give a specified “authorizing notice” to the transferor and
transferee. The “authorizing notice” is notice that the federally licensed firearms dealer or law
enforcement agency, whichever is applicable, has received information from the National Instant
Criminal Background Check (NICBC) System or the Ohio Attorney General that the transfer is not
prohibited under federal law or any Ohio law. If the transfer is made through a federally licensed
firearms dealer, the “authorizing notice” is notice of the dealer’s compliance with the provisions
described below in paragraph (3)(a) under “Transfer through federally licensed
firearms dealer.” If the transfer is made through a law enforcement agency, the “authorizing
notice” is notice of the agency’s compliance with the provisions described below in paragraph
(5)(a) under “Transfer through law enforcement agency.”8
Under the bill, the federally licensed firearms dealer or law enforcement agency through
which the transfer is made must give a specified “prohibiting notice” to the transferor and
transferee. The “prohibiting notice” is notice that the federally licensed firearms dealer or law
enforcement agency, whichever is applicable, has received information from the National Instant
Criminal Background Check (NICBC) System or the Ohio Attorney General that the transfer is
prohibited under federal law or any Ohio law. If the transfer is made through a federally licensed
firearms dealer, the “prohibiting notice” is notice of the dealer’s compliance with the provisions
described below in paragraph (3)(b) under “Transfer through federally licensed
6
R.C. 2923.26(A)(2), (3), and (C)(1).
7
R.C. 2923.26(D)(1).
8
R.C. 2923.26(C)(1)(b) and (D)(1)(b).
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firearms dealer.” If the transfer is made through a law enforcement agency, the “prohibiting
notice” is notice of the agency’s compliance with the provisions described below in paragraph
(5)(b) under “Transfer through law enforcement agency.”9
Transfer through federally licensed firearms dealer
Under the bill, a federally licensed firearms dealer who agrees to assist in the transfer of
a firearm between an unlicensed transferor and an unlicensed transferee must do all of the
following:10
1. Comply with provisions of federal law as if transferring the firearm from the inventory of
the dealer to the unlicensed transferee, except that a dealer assisting in the transfer of a
firearm is not required to comply again with the requirements of those provisions in
delivering the firearm to the unlicensed transferee;
2. Conduct an incompetency records check by contacting the Ohio Attorney General and
requesting a check of the following records to determine whether the acquisition or
possession of the firearm by the unlicensed transferee would be prohibited under any
Ohio law: (a) notice that the transferee has been found by a court to be a mentally ill
person subject to a court order, or (b) notice that the transferee has become an
involuntary patient, other than one who is a patient only for purposes of observation;
3. Notify the unlicensed transferor and unlicensed transferee of whichever of the following
is applicable after compliance with (1) and (2) above: (a) the transfer of the firearm is not
prohibited under federal law or any Ohio law, or (b) the dealer has received notice from
the NICBC System or the Ohio Attorney General that the transfer of the firearm is
prohibited under federal law or any Ohio law.
Transfer through law enforcement agency
A law enforcement agency of the state of Ohio or of an Ohio political subdivision that
agrees to assist an unlicensed transferor in carrying out the responsibilities of the transferor must
do all of the following:11
1. Contact the NICBC System and either receive an identification number or wait the period
specified under federal law (the elapsing of three business days after the licensed dealer,
manufacturer, or importer contacted the system without the system notifying the
licensed dealer, manufacturer, or importer that the receipt of a firearm by the other
person would violate federal law);
2. Conduct an incompetency records check by contacting the Ohio Attorney General and
requesting a check of the following records to determine whether the acquisition or
possession of the firearm by the unlicensed transferee would be prohibited under any
Ohio law: (a) notice that the transferee has been found by a court to be a mentally ill
9
R.C. 2923.26(C)(2) and (D)(2).
10
R.C. 2923.26(E) and 5122.311(A).
11
R.C. 2923.26(F) and 5122.311(A).
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person subject to a court order, or (b) notice that the transferee has become an
involuntary patient, other than one who is a patient only for purposes of observation;
3. Conduct any other checks that the agency considers appropriate to determine whether
the receipt or possession of the firearm by the unlicensed transferee would be prohibited
under federal law or any Ohio law;
4. 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;
5. Notify the unlicensed transferor and unlicensed transferee of whichever of the following
is applicable after compliance with (1) to (4) above: (a) the transfer of the firearm is not
prohibited under federal law or any Ohio law, or (b) the dealer has received notice from
the NICBC System or the Ohio Attorney General that the transfer of the firearm is
prohibited under federal law or any Ohio law.
Firearms transfers exempt from the bill’s prohibitions
The bill’s prohibitions regarding the transfer or receipt of a firearm by a person who is not
a licensed firearms dealer do not apply to any transfer of a firearm if any of the following apply
with respect to the transfer:12
▪ It 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.
▪ It is a temporary transfer of possession without transfer of title that takes place in any of
the following circumstances: (1) 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, (2) at a target firearm shooting competition under the
auspices of or approved by an agency of this state or a nonprofit organization, or (3) 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.
▪ It is to an authorized representative of a law enforcement agency of any municipal
corporation, any county, the state of Ohio, 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 must be verifiable written
certification from the head of the agency by which the transferee is employed, identifying
12
R.C. 2923.26(G).
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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.
▪ It is a loan of the firearm by an authorized law enforcement representative of a municipal
corporation, a county, the state of Ohio, or the federal government, and the loan is made
to a peace officer employed by that governmental entity and authorized to carry a firearm
and is made for the carrying and use of that firearm by that peace officer in the course
and scope of the officer’s duties.
▪ It is by a law enforcement agency to a peace officer.
▪ It is to an authorized representative of a municipal corporation, a county, the state of
Ohio, 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.
▪ It is by an authorized law enforcement representative of a municipal corporation, a
county, the state of Ohio, or the federal government to any public or private nonprofit
historical society, museum, or institutional collection, if all of the following conditions are
met: (1) the entity receiving the firearm is open to the public, (2) prior to delivery, the
firearm is deactivated or rendered inoperable, (3) the firearm is not of a type prohibited
by law from being transferred to the public at large, and (4) 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 either will remain
with that entity, or if subsequently disposed of, will be transferred in accordance with
law.
▪ It 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 the prior paragraph are met.
▪ It 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.
▪ It is made by a person who resides in Ohio, is m