Enact the Second Chance Safety Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 614

2025-2026

Representatives Willis, Rader

Cosponsors: Representatives Jarrells,
Synenberg, Grim, Baker, Upchurch, Brennan, Brewer, Bryant Bailey,
Piccolantonio

To
amend section 2923.11 and to enact sections 2923.26 and 3701.982 of
the Revised Code
to
enact the Second Chance Safety Act to provide civil immunity to a
federally licensed firearm dealer or law enforcement agency that
enters into a firearm hold agreement with the owner of a firearm.

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

Section
1.
That
section 2923.11 be amended and sections 2923.26 and 3701.982 of the
Revised Code be enacted to read as follows:

Sec.
2923.11.
As
used in sections 2923.11 to 2923.24
and
2923.26
of
the Revised Code:

(A)
"Deadly weapon" means any instrument, device, or thing
capable of inflicting death, and designed or specially adapted for
use as a weapon, or possessed, carried, or used as a weapon.

(B)(1)
"Firearm" means any deadly weapon capable of expelling or
propelling one or more projectiles by the action of an explosive or
combustible propellant. "Firearm" includes an unloaded
firearm, and any firearm that is inoperable but that can readily be
rendered operable.

(2)
When determining whether a firearm is capable of expelling or
propelling one or more projectiles by the action of an explosive or
combustible propellant, the trier of fact may rely upon
circumstantial evidence, including, but not limited to, the
representations and actions of the individual exercising control over
the firearm.

(C)
"Handgun" means any of the following:

(1)
Any firearm that has a short stock and is designed to be held and
fired by the use of a single hand;

(2)
Any combination of parts from which a firearm of a type described in
division (C)(1) of this section can be assembled.

(D)
"Semi-automatic firearm" means any firearm designed or
specially adapted to fire a single cartridge and automatically
chamber a succeeding cartridge ready to fire, with a single function
of the trigger.

(E)
"Automatic firearm" means any firearm designed or specially
adapted to fire a succession of cartridges with a single function of
the trigger.

(F)
"Sawed-off firearm" means a shotgun with a barrel less than
eighteen inches long, or a rifle with a barrel less than sixteen
inches long, or a shotgun or rifle less than twenty-six inches long
overall. "Sawed-off firearm" does not include any firearm
with an overall length of at least twenty-six inches that is approved
for sale by the federal bureau of alcohol, tobacco, firearms, and
explosives under the "Gun Control Act of 1968," 82 Stat.
1213, 18 U.S.C. 921(a)(3), but that is found by the bureau not to be
regulated under the "National Firearms Act," 68A Stat. 725
(1934), 26 U.S.C. 5845(a).

(G)
"Zip-gun" means any of the following:

(1)
Any firearm of crude and extemporized manufacture;

(2)
Any device, including without limitation a starter's pistol, that is
not designed as a firearm, but that is specially adapted for use as a
firearm;

(3)
Any industrial tool, signalling device, or safety device, that is not
designed as a firearm, but that as designed is capable of use as
such, when possessed, carried, or used as a firearm.

(H)
"Explosive device" means any device designed or specially
adapted to cause physical harm to persons or property by means of an
explosion, and consisting of an explosive substance or agency and a
means to detonate it. "Explosive device" includes without
limitation any bomb, any explosive demolition device, any blasting
cap or detonator containing an explosive charge, and any pressure
vessel that has been knowingly tampered with or arranged so as to
explode.

(I)
"Incendiary device" means any firebomb, and any device
designed or specially adapted to cause physical harm to persons or
property by means of fire, and consisting of an incendiary substance
or agency and a means to ignite it.

(J)
"Ballistic knife" means a knife with a detachable blade
that is propelled by a spring-operated mechanism.

(K)
"Dangerous ordnance" means any of the following, except as
provided in division (L) of this section:

(1)
Any automatic or sawed-off firearm, zip-gun, or ballistic knife;

(2)
Any explosive device or incendiary device;

(3)
Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT,
picric acid, and other high explosives; amatol, tritonal, tetrytol,
pentolite, pecretol, cyclotol, and other high explosive compositions;
plastic explosives; dynamite, blasting gelatin, gelatin dynamite,
sensitized ammonium nitrate, liquid-oxygen blasting explosives,
blasting powder, and other blasting agents; and any other explosive
substance having sufficient brisance or power to be particularly
suitable for use as a military explosive, or for use in mining,
quarrying, excavating, or demolitions;

(4)
Any firearm, rocket launcher, mortar, artillery piece, grenade, mine,
bomb, torpedo, or similar weapon, designed and manufactured for
military purposes, and the ammunition for that weapon;

(5)
Any firearm muffler or suppressor;

(6)
Any combination of parts that is intended by the owner for use in
converting any firearm or other device into a dangerous ordnance.

(L)
"Dangerous ordnance" does not include any of the following:

(1)
Any firearm, including a military weapon and the ammunition for that
weapon, and regardless of its actual age, that employs a percussion
cap or other obsolete ignition system, or that is designed and safe
for use only with black powder;

(2)
Any pistol, rifle, or shotgun, designed or suitable for sporting
purposes, including a military weapon as issued or as modified, and
the ammunition for that weapon, unless the firearm is an automatic or
sawed-off firearm;

(3)
Any cannon or other artillery piece that, regardless of its actual
age, is of a type in accepted use prior to 1887, has no mechanical,
hydraulic, pneumatic, or other system for absorbing recoil and
returning the tube into battery without displacing the carriage, and
is designed and safe for use only with black powder;

(4)
Black powder, priming quills, and percussion caps possessed and
lawfully used to fire a cannon of a type defined in division (L)(3)
of this section during displays, celebrations, organized matches or
shoots, and target practice, and smokeless and black powder, primers,
and percussion caps possessed and lawfully used as a propellant or
ignition device in small-arms or small-arms ammunition;

(5)
Dangerous ordnance that is inoperable or inert and cannot readily be
rendered operable or activated, and that is kept as a trophy,
souvenir, curio, or museum piece;

(6)
Any device that is expressly excepted from the definition of a
destructive device pursuant to the "Gun Control Act of 1968,"
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations
issued under that act;

(7)
Any firearm with an overall length of at least twenty-six inches that
is approved for sale by the federal bureau of alcohol, tobacco,
firearms, and explosives under the "Gun Control Act of 1968,"
82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the bureau
not to be regulated under the "National Firearms Act," 68A
Stat. 725 (1934), 26 U.S.C. 5845(a).

(M)
"Explosive" means any chemical compound, mixture, or
device, the primary or common purpose of which is to function by
explosion. "Explosive" includes all materials that have
been classified as division 1.1, division 1.2, division 1.3, or
division 1.4 explosives by the United States department of
transportation in its regulations and includes, but is not limited
to, dynamite, black powder, pellet powders, initiating explosives,
blasting caps, electric blasting caps, safety fuses, fuse igniters,
squibs, cordeau detonant fuses, instantaneous fuses, and igniter
cords and igniters. "Explosive" does not include
"fireworks," as defined in section 3743.01 of the Revised
Code, or any substance or material otherwise meeting the definition
of explosive set forth in this section that is manufactured, sold,
possessed, transported, stored, or used in any activity described in
section 3743.80 of the Revised Code, provided the activity is
conducted in accordance with all applicable laws, rules, and
regulations, including, but not limited to, the provisions of section
3743.80 of the Revised Code and the rules of the fire marshal adopted
pursuant to section 3737.82 of the Revised Code.

(N)(1)
"Concealed handgun license" or "license to carry a
concealed handgun" means, subject to division (N)(2) of this
section, a license or temporary emergency license to carry a
concealed handgun issued under section 2923.125 or 2923.1213 of the
Revised Code or a license to carry a concealed handgun issued by
another state with which the attorney general has entered into a
reciprocity agreement under section 109.69 of the Revised Code.

(2)
A reference in any provision of the Revised Code to a concealed
handgun license issued under section 2923.125 of the Revised Code or
a license to carry a concealed handgun issued under section 2923.125
of the Revised Code means only a license of the type that is
specified in that section. A reference in any provision of the
Revised Code to a concealed handgun license issued under section
2923.1213 of the Revised Code, a license to carry a concealed handgun
issued under section 2923.1213 of the Revised Code, or a license to
carry a concealed handgun on a temporary emergency basis means only a
license of the type that is specified in section 2923.1213 of the
Revised Code. A reference in any provision of the Revised Code to a
concealed handgun license issued by another state or a license to
carry a concealed handgun issued by another state means only a
license issued by another state with which the attorney general has
entered into a reciprocity agreement under section 109.69 of the
Revised Code.

(O)
"Valid concealed handgun license" or "valid license to
carry a concealed handgun" means a concealed handgun license
that is currently valid, that is not under a suspension under
division (A)(1) of section 2923.128 of the Revised Code, under
section 2923.1213 of the Revised Code, or under a suspension
provision of the state other than this state in which the license was
issued, and that has not been revoked under division (B)(1) of
section 2923.128 of the Revised Code, under section 2923.1213 of the
Revised Code, or under a revocation provision of the state other than
this state in which the license was issued.

(P)
"Misdemeanor punishable by imprisonment for a term exceeding one
year" does not include any of the following:

(1)
Any federal or state offense pertaining to antitrust violations,
unfair trade practices, restraints of trade, or other similar
offenses relating to the regulation of business practices;

(2)
Any misdemeanor offense punishable by a term of imprisonment of two
years or less.

(Q)
"Alien registration number" means the number issued by the
United States citizenship and immigration services agency that is
located on the alien's permanent resident card and may also be
commonly referred to as the "USCIS number" or the "alien
number."

(R)
"Active duty" has the same meaning as defined in 10 U.S.C.
101.

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)
"Firearm hold agreement" means an agreement between the
owner of a lawfully possessed firearm and a federally licensed
firearms dealer or county or municipal law enforcement agency that
includes all of the following:

(a)
That the federally licensed firearms dealer or county or municipal
law enforcement agency will take physical possession of the owner's
lawfully possessed firearm;

(b)
That the federally licensed firearms dealer or county or municipal
law enforcement agency will hold the owner's lawfully possessed
firearm for an agreed period of time;

(c)
That the federally licensed firearms dealer or county or municipal
law enforcement agency will return the firearm to the owner at the
expiration of the agreed period of time.

(B)
If a federally licensed firearms dealer or county or municipal law
enforcement agency enters into a firearm hold agreement with the
owner of a lawfully possessed firearm, the federally licensed
firearms dealer or county or municipal law enforcement agency who
enters into the firearm hold agreement with the owner shall provide
the owner with the pamphlet described in section 3701.982 of the
Revised Code at the time that the federally licensed firearms dealer
or county or municipal law enforcement agency enters into the firearm
hold agreement with the owner of the lawfully possessed firearm.

(C)(1)
Subject to division (C)(2) of this section, no federally licensed
firearms dealer or county or municipal law enforcement agency who
enters into a firearm hold agreement with an owner of a lawfully
possessed firearm is liable in damages in a civil action for the
injury, death, or loss to person or property that arose from an act
or omission associated with the federally licensed firearms dealer or
county or municipal law enforcement agency returning the firearm to
the owner under the firearm hold agreement, unless the act or
omission constitutes unlawful conduct.

(2)
Division (C)(1) of this section does not eliminate, limit, or reduce
any other immunity or defense that a county or municipal law
enforcement agency may be entitled to under Chapter 2744. or any
other provision of the Revised Code or under the common law of this
state.

(D)(1)
If a federally licensed firearms dealer or county or municipal law
enforcement agency enters into a firearm hold agreement with the
owner of a lawfully possessed firearm and if after the expiration of
the agreed period of time the owner of the firearm does not claim the
firearm, the federally licensed firearms dealer or county or
municipal law enforcement agency shall contact the owner of the
firearm at least two times within the following sixty days requesting
that the owner claim the firearm.

(2)
If a federally licensed firearms dealer has physical possession of
the firearm and the firearm remains unclaimed after the federally
licensed firearm dealer complies with division (D)(1) of this
section, then the federally licensed firearms dealer shall surrender
the firearm to a county or municipal law enforcement agency.

(3)
If a county or municipal law enforcement agency has physical
possession of the firearm and the firearm remains unclaimed after the
county or municipal law enforcement agency complies with division
(D)(1) of this section or the firearm has been surrendered to the
county or municipal law enforcement agency as described in division
(D)(2) of this section, then the county or municipal law enforcement
agency shall dispose of the firearm in accordance with the county or
municipal law enforcement agency's policies and procedures for the
disposal of a firearm in police custody.

Sec.
3701.982.
(A)
As used in this section, "firearm safety device" means
equipment that is designed to prevent unauthorized access to, or the
operation or discharge of, a firearm and that is either of the
following:

(1)
A device that, when installed on a firearm, is designed to prevent
the firearm from being operated without first deactivating the
device.

(2)
A gun safe, gun case, lockbox, or other device that is designed to
prevent access to a firearm unless an individual uses a key, a
combination, biometric data, or other similar means.

(B)
The department of health, in consultation with the department of
veterans services, shall prepare a pamphlet with all of the following
information:

(1)
Mental health resources, including how to access the following:

(a)
The 9-8-8 suicide prevention and mental health crisis hotline and the
global crisis text line;

(b)
The United States department of veterans affairs' veterans crisis
line;

(c)
The United States department of veterans affairs' suicide prevention
toolkit.

(2)
A list of local veterans organizations, including veterans clinics;

(3)
Guidance on secure firearm safety devices, including any discounted
or complimentary firearm safety device programs available for
veterans.

(C)
The department of health and the department of veterans services
shall each publish the pamphlet described in division (B) of this
section on each department's web site.

Section
2.
That
existing section 2923.11 of the Revised Code is hereby repealed.

Section
3.
This
act shall be known as the Second Chance Safety Act.