What HB 234 Means to You: Part IV - CLEO "shall sign" provision for National Firearms Act (NFA) restricted items

On March 23, 2015 several changes to Ohio law that are of particular significance to Ohio gun owners will take effect. This article will look at the new “shall sign” provision addressing the chief law enforcement officer (CLEO) signoff to purchase National Firearms Act (NFA) restricted items.

To buy a gun from a licensed firearms dealer, one must pass a NICS background check, then pay your money and get your gun. For suppressors, automatic firearms, and other restricted items, the process has been difficult to impossible to navigate for many people. HB 234 adds a new section to allow those who qualify for such items to purchase them:

http://codes.ohio.gov/orc/311.43

311.43 [Effective 3/23/2015] Certification by a chief law enforcement officer.

(A) As used in this section:

(1) "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of an application to make or transfer a firearm.

(2) "Chief law enforcement officer" means any official the bureau of alcohol, tobacco, firearms, and explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification for the making or transfer of a firearm.

(3) "Concealed handgun license" has the same meaning as in section 2923.11 of the Revised Code.

(B) A resident of this state may submit to the sheriff of the county in which the resident resides or to the sheriff of any county adjacent to the county in which the resident resides any federal form that requires a law enforcement certification by a chief law enforcement

(C) The sheriff shall accept and process the certification in the same manner as an application for a concealed handgun license is processed under section 2923.125 of the Revised Code, including the requirement for a background check, except as follows:

(1) If a resident of this state submits one or more federal forms, the sheriff shall charge the resident no more than the applicable fee described in division (B)(1)(a) of section 2923.125 of the Revised Code, without regard to how many federal forms are submitted at the same time.

(2) If a resident of this state submits one or more federal forms and currently has a concealed handgun license or the sheriff has previously approved a federal form for that resident, the sheriff shall charge the resident no more than the applicable fee described in division (F)(4) of section 2923.125 of the Revised Code, without regard to how many federal forms are submitted at the same time.

Added by 130th General Assembly File No. TBD, HB 234, §1, eff. 3/23/2015.

Functioning similar to the “shall issue” for obtaining a CHL, this is a “shall sign” for federal Form 4 paperwork. If a person is not prohibited, the sheriff shall sign the paperwork, after completing a background check, which the applicant must pay for.

This does not eliminate the option of having your local chief of police sign such paperwork, but gives another option if your chief refused to process the paperwork or provide a reason for refusal.

While Ohio has trailed other states in most firearms improvements over the last 20 years, this is one section of law where Ohio has forged new ground. This important law has already been noticed and the concept is being copied in other states. Look for this to start a trend in state law in the coming years.

Jim Irvine is the Buckeye Firearms Association President, BFA PAC Chairman and recipient of the NRA-ILA's 2011 "Jay M. Littlefield Volunteer of the Year Award" and the CCRKBA's 2012 "Gun Rights Defender of the Year Award."

Related Articles:

What HB 234 Means to You: Part I - NICS compliant background checks

What HB 234 Means to You: Part II - Reciprocity

What HB 234 Means to You: Part III - 31+ round magazines & non-contiguous transfers

What HB 234 Means to You: Part V - CHL mandatory training reduction

What HB 234 Means to You: Part VI - Allow Noise Suppressors While Hunting