As Introduced

136th General Assembly

Regular Session S. B. No. 273

2025-2026

To enact section 2923.26 of the Revised Code to enact the Keep Them Safe Act to provide guidelines and civil immunity for the voluntary storage of firearms.

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

Section 1. That section 2923.26 of the Revised Code be enacted to read as follows:

Sec. 2923.26. (A) As used in this section:

(1) "Legal cause" means any legal authority that would prohibit receiving or possessing a firearm, including disability under section 2923.13 of the Revised Code or under 18 U.S.C. 922(g).

(2) "Federally licensed firearms dealer" has the same meaning as in section 5502.63 of the Revised Code.

(3) "Law enforcement agency" means a police department, the office of a sheriff, the state highway patrol, or a federal, state, or local governmental body that enforces criminal laws and that has employees who have a statutory power of arrest.

(4) "Political subdivision" has the same meaning as in section 2744.01 of the Revised Code.

(B) Any person who holds legal title to a firearm or has authority from another person who holds legal title to a firearm may, upon application and agreement, store a firearm with a federally licensed firearms dealer or with a law enforcement agency pursuant to this section.

(1) The dealer may not enter into an agreement for firearm storage if the dealer's federal firearms license will expire during the term of storage, unless the dealer has submitted a timely renewal application to the federal bureau of alcohol, tobacco, firearms, and explosives and is authorized to continue operations under federal law.

(2) The dealer shall follow all federal laws regarding acquisition, transfer, and disposition of firearms pursuant to 18 U.S.C. 921 et seq. and 26 U.S.C. 53 et seq.

(3) A dealer may establish the dealer's own policies and procedures regarding the acceptance and return of a firearm and provide a copy of the policies and procedures to any person placing a firearm in storage with that dealer.

(4) No dealer shall return a firearm to a person if the return of the firearm would result in a direct violation of state or federal law.

(D) The following terms apply to storage of a firearm with a law enforcement agency under this section:

(1) A law enforcement agency may establish policies regarding the return of firearms.

(2) No law enforcement agency shall return a firearm if the return of the firearm would result in a direct violation of state or federal law.

(E) The attorney general shall prescribe, and shall make available on the attorney general's web site, an application form that is to be used for the storage of a firearm under this section. The attorney general shall design the form to enable applicants, at a minimum, to provide the description of the firearm by make, model, and serial number, and the title holder's name, address, and telephone number, and shall permit the applicant to provide additional contact information.

(F) The attorney general shall issue proposed standard operating procedures, a model storage agreement, guidance on policies for securing a firearm and returning a firearm, and such additional guidance as the attorney general deems necessary that a federally licensed firearms dealer or law enforcement agency may utilize or adopt.

(G) Nothing in this section shall be construed as a requirement for a federally licensed firearms dealer or law enforcement agency to accept a firearm for storage pursuant to this section.

(H) Nothing in this section shall be construed as a requirement for a federally licensed firearms dealer or law enforcement agency to accept a firearm or firearms for voluntary storage free of charge.

(I) A federally licensed firearms dealer that accepts the storage of a firearm under this section is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly is caused by or related to the acceptance, storage, or return of a firearm unless the federally licensed firearms dealer acts with malicious purpose or intent to withhold the return of the firearm without legal cause.

(J) A law enforcement agency or political subdivision is immune from liability in a civil action, to the extent and in the manner provided in Chapter 2744. of the Revised Code, for any injury, death, or loss to person or property that allegedly is caused by or related to the acceptance, storage, or return of a firearm.

(K) If a court of competent jurisdiction finds that a federally licensed firearms dealer or law enforcement agency withheld return of a firearm or firearms after a demand was made for the return by a person who holds legal title to the stored firearm or a person who has authority from the person who holds legal title to the stored firearm, without legal cause, in addition to any other relief ordered, the court shall award reasonable costs and attorney's fees to the person who sought a court order finding the firearm stored was illegally withheld.

Section 2. This act shall be known as the Keep Them Safe Act.