Columbus, Ohio AG’S office settle suit

Update to background check system planned

The city of Columbus and the Ohio Attorney General's office have agreed to a plan to modernize how statewide background checks are conducted.

Columbus and Dayton sued the state in 2020 because of issues with compliance and tracking in the system used by employers and firearms dealers to check the criminal backgrounds of applicants. The agreed-upon plan, announced Monday by City Attorney Zach Klein's office, settles the lawsuit.

The state's background check system, managed by the Ohio Bureau of Criminal Investigation, feeds information into the federal system used to check whether someone is able to buy a firearm. The state Attorney General's office oversees BCI.

When Columbus and Dayton filed the lawsuit, the cities cited a report from the Auditor of State's office that showed more than half of the 88 counties in the state had at least one court or law enforcement agency that did not provide the required records to BCI.

Law enforcement agencies, including police departments and sheriff's offices, are required to report arrests and fingerprints for certain crimes immediately to the state. Trial courts have to make sure fingerprints are taken at the time of arraignment and sentencing.

Clerks of courts are required to send weekly reports to the state, according to a letter sent to those agencies by the superintendent of BCI at the time the lawsuit was filed.

As part of the modernization plan, which has been signed off on by a Franklin County judge, several steps will be taken to update the system with the hopes of eliminating cracks that people may fall through, particularly in their ability to buy guns.

Under the terms of the plan, the city attorney's office said the state has agreed to:

● Continue supporting self-service systems for law enforcement agencies to submit the required criminal reports and help resolve any errors or omissions.

● Create an online dashboard showing compliance rates for reporting agencies.

● Seek to find federal grant money to help with technology upgrades at agencies across the state to optimize how data is shared better and close gaps in reporting between agencies. To help in this effort, the state will create a Grants Advisory Committee to recommend to the Ohio Attorney General how money should be distributed. Both Columbus and Dayton will have a seat on the committee.

● Stop accepting mailed paper reporting to the state, modernize the system and improve accuracy.

The state and the cities involved will also urge Ohio's legislature to pass laws that would improve enforcement of mandatory reporting requirements, require regular audits of agencies to ensure all reporting laws are being followed and mandate electronic fingerprint reporting to BCI.

Both parties will also ask the legislature to find money to ensure all agencies have the equipment for electronic fingerprint collection and reporting to the state.

Enhanced training will also be offered by the state at least four times a year to ensure all agencies required to input criminal reports and fingerprints know how to do so.

The state has agreed to submit quarterly progress reports for three years to make sure the settlement agreement is followed, the city attorney's office said.

bbruner@gannett.com

The state’s background check system feeds information into the federal system used to check whether someone is able to buy a firearm.