107 STAT. 1540 PUBLIC LAW 103-159—NOV. 30, 1993 section 1028(d)(l) of this title) of the transferee containing a photograph of the transferee. "(2) If receipt of a firearm would not violate section 922(g) or (n) or State law, the system shall— "(A) assi^ a unique identification number to the transfer; "(B) provide the licensee with the number; and l^ords- "(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer.
- (.S) Paragraph (1) shall not apply to afirearmtransfer between
a licensee and another person if— "(A)(i) such other person has presented to the licensee a permit that— "(I) allows such other person to possess or acquire afirearm;and "(ID was issued not more than 5 years earlier by the State in which the transfer is to take place; and "(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law; "(B) the Secretary has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or "(C) on application of the transferor, the Secretary has certified that compliance with paragraph (I)(A) is impracticable
because— "(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; "(ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection (s)(8)); and "(iii) there is an absence oftelecommunicationsfacilities in the geographical area in which the business premises are located. "(4) If the national instant criminal background check system notifies the licensee that the information available to the system does not demonstrate that the receipt of a firearm by such other person would violate subsection (g) or (n) or State law, and the licensee transfers a firearm to such other person, the licensee shall include in the record of the transfer the imique identification number provided by the system with respect to the transfer. "(5) If the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State law, the Secretary may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 923, and may impose on the licensee a civilfineof not more than $5,000.
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