Second day

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

SEC. 102. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT CRIMINAL
BACKGROUND CHECK BEFORE TRANSFER OF FIREARM TO NON-
LICENSEE.

(a) INTERIM PROVISION.–
(1) IN GENERAL.–Section 922 of title 18, United States
Code, is amended by adding at the end the following:

“(s)(1) Beginning on the date that is 90 days after the date of
enactment of this subsection and ending on the day before the date
that is 60 months after such date of enactment, it shall be unlawful
for any licensed importer, licensed manufacturer, or licensed dealer
to sell, deliver, or transfer a handgun to an individual who is not
licensed under section 923, unless–
“(A) after the most recent proposal of such transfer by the
transferee–
“(i) the transferor has–
“(I) received from the transferee a statement of
the transferee containing the information described in
paragraph (3);
“(II) verified the identity of the transferee by
examining the identification document presented;
“(III) within 1 day after the transferee furnishes
the statement, provided notice of the contents of the
statement to the chief law enforcement officer of the
place of residence of the transferee; and
“(IV) within 1 day after the transferee furnishes
the statement, transmitted a copy of the statement
to the chief law enforcement officer of the place
of residence of the transferee; and
“(ii)(I) 5 business days (meaning days on which State
offices are open) have elapsed from the date the transferor
furnished notice of the contents of the statement to the
chief law enforcement officer, during which period the
transferor has not received information from the chief law
enforcement officer that receipt or possession of the
handgun by the transferee would be in violation of Federal,
State, or local law; or
“(II) the transferor has received notice from the chief
law enforcement officer that the officer has no information
indicating that receipt or possession of the handgun by the
transferee would violate Federal, State, or local law;
“(B) the transferee has presented to the transferor a
written statement, issued by the chief law enforcement officer
of the place of residence of the transferee during the 10-day
period ending on the date of the most recent proposal of such
transfer by the transferee, stating that the transferee requires
access to a handgun because of a threat to the life of the
transferee or of any member of the household of the transferee;
“(C)(i) the transferee has presented to the transferor a
permit that–
“(I) allows the transferee to possess or acquire a
handgun; and
“(II) 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 handgun by the transferee
would be in violation of the law;
“(D) the law of the State requires that, before any
licensed importer, licensed manufacturer, or licensed dealer
completes the transfer of a handgun to an individual who is not
licensed under section 923, an authorized government official
verify that the information available to such official does not
indicate that possession of a handgun by the transferee would be
in violation of law;
“(E) the Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
“(F) on application of the transferor, the Secretary has
certified that compliance with subparagraph (A)(i)(III) 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 transferor at which
the transfer is to occur are extremely remote in relation to
the chief law enforcement officer; and
“(iii) there is an absence of telecommunications
facilities in the geographical area in which the business
premises are located.

I full well realize that Amendment II was talking about Muskets and Sabres. JoT and I have already started this topic (here), no need to rehash that territory. But please, comment away.

This country is about the free and open exchange of ideas.