As Introduced
136th General Assembly
Regular Session H. B. No. 45
2025-2026
Representatives Thomas, C., Baker
Cosponsors: Representatives Piccolantonio, Brownlee, Somani, Brennan,
Rogers, Mohamed, Rader, Upchurch, Russo, Sweeney
A B I L L
To amend section 2923.11 and to enact section
2923.26 of the Revised Code to prohibit a
federally licensed firearms dealer from
transferring a firearm unless the transferee
passes a background check.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.11 be amended and section
2923.26 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.
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(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).
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(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;
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(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
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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
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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
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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.
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(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, "federally
licensed firearms dealer" has the same meaning as in section
5502.63 of the Revised Code.
(B) Notwithstanding 18 U.S.C. 922(t), no federally
licensed firearms dealer shall transfer a firearm to any person
unless ten days or more have elapsed since the federally
licensed firearms dealer has contacted the national instant
criminal background check system, and the national instant
criminal background check system has provided the federally
licensed firearms dealer with a unique identification number.
(C) Notwithstanding any federal or state law to the
contrary, a person who has a license or permit to carry firearms
is subject to the provisions in this section.
Section 2. That existing section 2923.11 of the Revised
Code is hereby repealed.
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