Enact the Universal Background Checks Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 373

2025-2026

Representatives Robinson, Lett

Cosponsors: Representatives Baker,
Brennan, Brent, Brewer, Brownlee, Cockley, Denson, Glassburn, Grim,
Isaacsohn, Jarrells, McNally, Mohamed, Piccolantonio, Rader, Russo,
Sims, Somani, Sweeney, Synenberg, Thomas, C., Troy, Upchurch, White,
E.

To
amend sections 2929.28 and 5122.311 and to enact section 2923.26 of
the Revised Code
to
enact the Universal Background Checks Act to require a firearm
transfer to be made through a dealer, through a law enforcement
agency, or pursuant to a specified exception, and to require a
background check when a firearm is transferred.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2929.28 and 5122.311 be amended and 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 and that includes a
photograph of the individual.

(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. 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)
Except as provided in division (G) of this section, the federally
licensed firearms dealer through which the transfer is made under
division (E) of this section gives a notice described in division
(E)(3)(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)(5)(a) of this section, with respect
to the firearm.

(2)
No unlicensed firearms dealer shall transfer a firearm to an
unlicensed transferee if the federally licensed firearms dealer
through which the transfer is to be made under division (E) of this
section gives a notice described in division (E)(3)(b) of this
section, or the law enforcement agency through which the transfer is
to be made under division (F) of this section gives a notice
described in division (F)(5)(b) of this section, with respect to the
firearm.

(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)
Except as provided in division (G) of this section, the federally
licensed firearms dealer through which the transfer is made under
division (E) of this section gives a notice described in division
(E)(3)(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)(5)(a) of this section, with respect
to the firearm.

(2)
No unlicensed firearms transferee shall receive a firearm from an
unlicensed transferor if the federally licensed firearms dealer
through which the transfer is to be made under division (E) of this
section gives a notice described in division (E)(3)(b) of this
section, or the law enforcement agency through which the transfer is
to be made under division (F) of this section gives a notice
described in division (F)(5)(b) of this section, with respect to the
firearm.

(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)
Comply with 18 U.S.C. 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;

(2)
Conduct an incompetency records check of the unlicensed transferee by
contacting the attorney general and requesting a check of the records
maintained under section 5122.311 of the Revised Code, to determine
if the transfer of the firearm to the unlicensed transferee or the
unlicensed transferee's acquisition or possession of the firearm
would violate the law of this state;

(3)
Notify the unlicensed transferor and unlicensed transferee of
whichever of the following is applicable:

(a)
That the dealer has complied with 18 U.S.C. 922(t) as provided in
division (E)(1) of this section and the transfer of the firearm is
not prohibited under that provision and that the dealer has conducted
the incompetency records check of the unlicensed transferee as
provided in division (E)(2) of this section and has not determined in
that check that the unlicensed transferee's acquisition or possession
of the firearm would violate the law of this state;

(b)
That the dealer has complied with 18 U.S.C. 922(t) as provided in
division (E)(1) of this section and has received a notice from the
national instant criminal background check system that the transfer
would violate 18 U.S.C. 922 or the law of this state or that the
dealer has conducted the incompetency records check of the unlicensed
transferee as provided in division (E)(2) of this section and has
determined in that check that the unlicensed transferee's acquisition
or possession of the firearm would violate the law of this state.

(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) or (D) 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. 922(t) and either receive an identification number as
described in 18 U.S.C. 922(t)(1)(B)(i) or wait the period described
in 18 U.S.C. 922(t)(1)(B)(ii);

(2)
Conduct an incompetency records check of the unlicensed transferee by
contacting the attorney general and requesting a check of the records
maintained under section 5122.311 of the Revised Code, to determine
if the transfer of the firearm to the unlicensed transferee or the
unlicensed transferee's acquisition or possession of the firearm
would violate the law of this state;

(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 violate 18 U.S.C. 922 or the law of this
state;

(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 transferee of whichever of the
following is applicable:

(a)
That the law enforcement agency has complied with the requirements
under divisions (F)(1), (2), (3), and (4) of this section and that
the transfer of the firearm is not prohibited under 18 U.S.C 922(t)
and the agency has not determined in the incompetency records check
conducted under division (F)(2) of this section or a records check
conducted under division (F)(3) of this section that the unlicensed
transferee's acquisition or possession of the firearm would violate
the law of this state;

(b)
That the law enforcement agency has complied with the requirements
under divisions (F)(1), (2), (3), and (4) of this section and either
has received a notification 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 or has determined under the
incompetency records check conducted under division (F)(2) of this
section or a records check conducted under division (F)(3) of this
section that the unlicensed transferee's acquisition or possession of
the firearm would violate the law of this state.

(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 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.

(2)
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.

(3)
The transfer is to an authorized representative of a law enforcement
agency of any municipal corporation, 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.

(4)
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.

(5)
The transfer is by a law enforcement agency to a peace officer.

(6)
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.

(7)
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.

(8)
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)(7)(a) to (d) of this
section are met.

(9)
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.

(10)
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.

(11)
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 this section shall be construed to authorize the attorney
general of the United States to inspect records described in this
section or to require that the records be transferred to a facility
owned, managed, or controlled by this state or the United States.

(J)(1)
No person shall recklessly violate division (B), (C), or (D) of this
section.

(2)
Whoever violates division (J)(1) of this section is guilty of illegal
transfer of a firearm, and shall be punished as provided in divisions
(J)(2)(a) to (c) of this section.

(a)
Except as otherwise provided in division (J)(2)(b) or (c) of this
section, illegal transfer of a firearm is a misdemeanor of the fourth
degree and the offender shall be fined an amount from the range of
possible fines for a misdemeanor of the fourth degree set forth in
section 2929.28 of the Revised Code. Notwithstanding sections 2929.21
to 2929.28 of the Revised Code, no other sanction shall be imposed on
the offender under any of those sections.

(b)
If the offender previously has been convicted of or pleaded guilty to
one violation of this section, illegal transfer of a firearm is a
misdemeanor of the second degree and the offender shall be fined an
amount from the range of possible fines for a misdemeanor of the
second degree set forth in section 2929.28 of the Revised Code.
Notwithstanding sections 2929.21 to 2929.28 of the Revised Code, no
other sanction shall be imposed on the offender under any of those
sections.

(c)
If the offender previously has been convicted of or pleaded guilty to
two or more violations of this section, illegal transfer of a firearm
is a misdemeanor of the first degree, the offender shall be fined an
amount from the range of possible fines for a misdemeanor of the
first degree set forth in section 2929.28 of the Revised Code, and,
in addition to the mandatory fine, the court may impose any other
sanction or sanctions authorized for a misdemeanor of the first
degree other than a fine specified in section 2929.28 of the Revised
Code.

Sec.
2929.28.
(A)
In addition to imposing court costs pursuant to section 2947.23 of
the Revised Code, the court imposing a sentence upon an offender for
a misdemeanor, including a minor misdemeanor, may sentence the
offender to any financial sanction or combination of financial
sanctions authorized under this section and, if the offender is being
sentenced for a criminal offense as defined in section 2930.01 of the
Revised Code, shall sentence the offender to make restitution
pursuant to this section and section 2929.281 of the Revised Code. If
the court, in its discretion or as required by this section, imposes
one or more financial sanctions, the financial sanctions that may be
imposed pursuant to this section include, but are not limited to, the
following:

(1)
Unless the misdemeanor offense could be disposed of by the traffic
violations bureau serving the court under Traffic Rule 13,
restitution by the offender to the victim of the offender's crime or
the victim's estate, in an amount based on the victim's economic
loss. The court may not impose restitution as a sanction pursuant to
this division if the offense could be disposed of by the traffic
violations bureau serving the court under Traffic Rule 13. If the
court requires restitution, the court shall order that the
restitution be made to the victim in open court or to the adult
probation department that serves the jurisdiction or the clerk of the
court on behalf of the victim.

The
court shall determine the amount of restitution to be paid by the
offender. The victim, victim's representative, victim's attorney, if
applicable, the prosecutor or the prosecutor's designee, and the
offender may provide information relevant to the determination of the
amount of restitution. The amount the court orders as restitution
shall not exceed the amount of the economic loss suffered by the
victim as a direct and proximate result of the commission of the
offense. If the court imposes restitution for the cost of accounting
or auditing done to determine the extent of economic loss, the court
may order restitution for any amount of the victim's costs of
accounting or auditing provided that the amount of restitution is
reasonable and does not exceed the value of property or services
stolen or damaged as a result of the offense. If the court decides to
or is required to impose restitution, the court shall hold an
evidentiary hearing on restitution if the offender, victim, victim's
representative, victim's attorney, if applicable, or victim's estate
disputes the amount of restitution. The court shall determine the
amount of full restitution by a preponderance of the evidence.

All
restitution payments shall be credited against any recovery of
economic loss in a civil action brought by the victim or the victim's
estate against the offender. No person may introduce evidence of an
award of restitution under this section in a civil action for
purposes of imposing liability against an insurer under section
3937.18 of the Revised Code.

The
court may order that the offender pay a surcharge, of not more than
five per cent of the amount of the restitution otherwise ordered, to
the entity responsible for collecting and processing restitution
payments.

The
victim, victim's attorney, if applicable, or the attorney for the
victim's estate may request that the prosecutor in the case file a
motion, or the offender may file a motion, for modification of the
payment terms of any restitution ordered. If the court grants the
motion, it may modify the payment terms as it determines appropriate
but shall not reduce the amount of restitution ordered, except as
provided in division (A) of section 2929.281 of the Revised Code.

(2)
A fine of the type described in divisions (A)(2)(a) and (b) of this
section payable to the appropriate entity as required by law:

(a)
A fine in the following amount:

(i)
For a misdemeanor of the first degree, not more than one thousand
dollars;

(ii)
For a misdemeanor of the second degree, not more than seven hundred
fifty dollars;

(iii)
For a misdemeanor of the third degree, not more than five hundred
dollars;

(iv)
For a misdemeanor of the fourth degree, not more than two hundred
fifty dollars;

(v)
For a minor misdemeanor, not more than one hundred fifty dollars.

(b)
A state fine or cost as defined in section 2949.111 of the Revised
Code.

(3)(a)
Reimbursement by the offender of any or all of the costs of sanctions
incurred by the government, including, but not limited to, the
following:

(i)
All or part of the costs of implementing any community control
sanction, including a supervision fee under section 2951.021 of the
Revised Code and the costs of global positioning system device
monitoring;

(ii)
All or part of the costs of confinement in a jail or other
residential facility, including, but not limited to, a per diem fee
for room and board, the costs of medical and dental treatment, and
the costs of repairing property damaged by the offender while
confined;

(iii)
All or part of the cost of purchasing and using an immobilizing or
disabling device, including a certified ignition interlock device, or
a remote alcohol monitoring device that a court orders an offender to
use under section 4510.13 of the Revised Code.

(b)
The amount of reimbursement ordered under division (A)(3)(a) of this
section shall not exceed the total amount of reimbursement the
offender is able to pay and shall not exceed the actual cost of the
sanctions. The court may collect any amount of reimbursement the
offender is required to pay under that division. If the court does
not order reimbursement under that division, confinement costs may be
assessed pursuant to a repayment policy adopted under section 2929.37
of the Revised Code. In addition, the offender may be required to pay
the fees specified in section 2929.38 of the Revised Code in
accordance with that section.

(4)
For a misdemeanor violation of section 2923.26 of the Revised Code,
the court shall impose upon the offender a mandatory fine in the
amount specified in division (J)(2)(a), (b), or (c) of that section.

(B)
If the court determines a hearing is necessary, the court may hold a
hearing to determine whether the offender is able to pay the
financial sanction imposed pursuant to this section or court costs or
is likely in the future to be able to pay the sanction or costs.

If
the court determines that the offender is indigent and unable to pay
the financial sanction or court costs, the court shall consider
imposing and may impose a term of community service under division
(A) of section 2929.27 of the Revised Code in lieu of imposing a
financial sanction or court costs. If the court does not determine
that the offender is indigent, the court may impose a term of
community service under division (A) of section 2929.27 of the
Revised Code in lieu of or in addition to imposing a financial
sanction under this section and in addition to imposing court costs.
The court may order community service for a minor misdemeanor
pursuant to division (D) of section 2929.27 of the Revised Code in
lieu of or in addition to imposing a financial sanction under this
section and in addition to imposing court costs. If a person fails to
pay a financial sanction or court costs, the court may order
community service in lieu of the financial sanction or court costs.

(C)(1)
The offender shall pay reimbursements imposed upon the offender
pursuant to division (A)(3) of this section to pay the costs incurred
by a county pursuant to any sanction imposed under this section or
section 2929.26 or 2929.27 of the Revised Code or in operating a
facility used to confine offenders pursuant to a sanction imposed
under section 2929.26 of the Revised Code to the county treasurer.
The county treasurer shall deposit the reimbursements in the county's
general fund. The county shall use the amounts deposited in the fund
to pay the costs incurred by the county pursuant to any sanction
imposed under this section or section 2929.26 or 2929.27 of the
Revised Code or in operating a facility used to confine offenders
pursuant to a sanction imposed under section 2929.26 of the Revised
Code.

(2)
The offender shall pay reimbursements imposed upon the offender
pursuant to division (A)(3) of this section to pay the costs incurred
by a municipal corporation pursuant to any sanction imposed under
this section or section 2929.26 or 2929.27 of the Revised Code or in
operating a facility used to confine offenders pursuant to a sanction
imposed under section 2929.26 of the Revised Code to the treasurer of
the municipal corporation. The treasurer shall deposit the
reimbursements in the municipal corporation's general fund. The
municipal corporation shall use the amounts deposited in the fund to
pay the costs incurred by the municipal corporation pursuant to any
sanction imposed under this section or section 2929.26 or 2929.27 of
the Revised Code or in operating a facility used to confine offenders
pursuant to a sanction imposed under section 2929.26 of the Revised
Code.

(3)
The offender shall pay reimbursements imposed pursuant to division
(A)(3) of this section for the costs incurred by a private provider
pursuant to a sanction imposed under this section or section 2929.26
or 2929.27 of the Revised Code to the provider.

(D)(1)
In addition to any other fine that is or may be imposed under this
section, the court imposing sentence upon an offender for misdemeanor
domestic violence or menacing by stalking may impose a fine of not
less than seventy nor more than five hundred dollars, which shall,
except as provided in divisions (D)(2) and (3) of this section, be
transmitted to the treasurer of state to be credited to the address
confidentiality program fund created by section 111.48 of the Revised
Code.

(2)
A court that imposes a fine under division (D)(1) of this section may
retain up to twenty-five per cent of amounts collected in
satisfaction of the fine to cover administrative costs.

(3)
A court that imposes a fine under division (D)(1) of this section may
assign up to twenty-five per cent of amounts collected in
satisfaction of the fine to reimburse the prosecuting attorney for
costs associated with prosecution of the offense.

(E)
Except as otherwise provided in this division, a financial sanction
imposed under division (A) of this section is a judgment in favor of
the state or the political subdivision that operates the court that
imposed the financial sanction, and the offender subject to the
financial sanction is the judgment debtor. A financial sanction of
reimbursement imposed pursuant to division (A)(3)(a)(i) of this
section upon an offender is a judgment in favor of the entity
administering the community control sanction, and the offender
subject to the financial sanction is the judgment debtor. A financial
sanction of reimbursement imposed pursuant to division (A)(3)(a)(ii)
of this section upon an offender confined in a jail or other
residential facility is a judgment in favor of the entity operating
the jail or other residential facility, and the offender subject to
the financial sanction is the judgment debtor. A financial sanction
of restitution imposed pursuant to division (A)(1) of this section is
an order in favor of the victim of the offender's criminal act that
can be collected through a certificate of judgment as described in
division (E)(1) of this section, through execution as described in
division (E)(2) of this section, or through an order as described in
division (E)(3) of this section, and the offender shall be considered
for purposes of the collection as the judgment debtor.

Once
the financial sanction is imposed as a judgment or order under this
division, the victim, private provider, state, or political
subdivision may do any of the following:

(1)
Obtain from the clerk of the court in which the judgment was entered,
at no charge, a certificate of judgment that shall be in the same
manner and form as a certificate of judgment issued in a civil
action;

(2)
Obtain execution of the judgment or order through any available
procedure, including any of the procedures identified in divisions
(D)(1) and (2) of section 2929.18 of the Revised Code.

(3)
Obtain an order for the assignment of wages of the judgment debtor
under section 1321.33 of the Revised Code.

(F)
The civil remedies authorized under division (E) of this section for
the collection of the financial sanction supplement, but do not
preclude, enforcement of the criminal sentence.

(G)
Each court imposing a financial sanction upon an offender under this
section may designate the clerk of the court or another person to
collect the financial sanction. The clerk, or another person
authorized by law or the court to collect the financial sanction may
do the following:

(1)
Enter into contracts with one or more public agencies or private
vendors for the collection of amounts due under the sanction. Before
entering into a contract for the collection of amounts due from an
offender pursuant to any financial sanction imposed pursuant to this
section, a court shall comply with sections 307.86 to 307.92 of the
Revised Code.

(2)
Permit payment of all or any portion of the sanction in installments,
by financial transaction device if the court is a county court or a
municipal court operated by a county, by credit or debit card or by
another electronic transfer if the court is a municipal court not
operated by a county, or by any other reasonable method, in any time,
and on any terms that court considers just. If the court is a county
court or a municipal court operated by a county, the acceptance of
payments by any financial transaction device shall be governed by the
policy adopted by the board of county commissioners of the county
pursuant to section 301.28 of the Revised Code. If the court is a
municipal court not operated by a county, the clerk may pay any fee
associated with processing an electronic transfer out of public money
or may charge the fee to the offender.

(3)
To defray administrative costs, charge a reasonable fee to an
offender who elects a payment plan rather than a lump sum payment of
any financial sanction.

(H)
No financial sanction imposed under this section shall preclude a
victim from bringing a civil action against the offender.

(I)
If the court imposes restitution, fines, fees, or incarceration costs
on a business or corporation, it is the duty of the person authorized
to make disbursements from assets of the business or corporation to
pay the restitution, fines, fees, or incarceration costs from those
assets.

Sec.
5122.311.
(A)
Notwithstanding any provision of the Revised Code to the contrary,
if, on or after April 8, 2004, an individual is found by a court to
be a person with a mental illness subject to court order or becomes
an involuntary patient other than one who is a patient only for
purposes of observation, the probate judge who made the adjudication
or the chief clinical officer of the hospital, community mental
health services provider, or facility in which the person is an
involuntary patient shall notify the office of the attorney general,
on the form described in division (C) of this section, of the
identity of the individual. The notification shall be transmitted by
the judge or the chief clinical officer not later than seven days
after the adjudication or commitment.

(B)
The office of the attorney general shall compile and maintain the
notices it receives under division (A) of this section and the
notices shall be used for the purpose of conducting incompetency
records checks
requested
by sheriffs, federally licensed firearms dealers, or law enforcement
agencies
pursuant
to section 311.41
or
2923.26
of
the Revised Code.
Records
checks requested by a federally licensed firearms dealer or law
enforcement agency pursuant to section 2923.26 of the Revised Code
shall be conducted, and results of the checks shall be provided,
immediately upon receipt of the request.
The
notices
referred
to in this division
and
the information they contain are confidential, except as provided in
this division, and are not public records.

(C)
The attorney general, by rule adopted under Chapter 119. of the
Revised Code, shall prescribe and make available to all probate
judges and all chief clinical officers a form to be used by them for
the purpose of making the notifications required by division (A) of
this section.

Section
2.
That
existing sections 2929.28 and 5122.311 of the Revised Code are hereby
repealed.

Section
3.
This
act shall be known as the Universal Background Checks Act.

Section
4.
Section
2929.28 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 33 and S.B. 16 of the 135th
General Assembly. The General Assembly, applying the principle stated
in division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.