Senator KIMPSON proposed the following amendment (DG\3094C001.NBD.DG21):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION___. Chapter 31, Title 23 of the 1976 Code is amended by adding:

"ARTICLE 11

Background Checks for Firearm Sales and Transfers

Section 23-31-1110.As used in this article:

(1) 'Firearm' means a weapon, including a starter gun, that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of such weapon, a firearm muffler or firearm silencer, or a destructive device. The term does not include an antique firearm.

(2) 'Licensed dealer' means the holder of any federal firearms license under 18 U.S.C. Section 923(a).

(3) 'Transfer' means to sell, furnish, give, lend, deliver, or otherwise provide, with or without consideration.

(4) 'Transferee' means a person who receives or intends to receive a firearm in a sale or transfer.

Section 23-31-1120.For any sale or transfer of a firearm for which a licensed dealer contacts the National Instant Criminal Background Check System (NICS) to conduct a background check, a licensed gun dealer may not deliver a firearm to any transferee unless the NICS provides the licensed dealer with a unique identification number or five days have elapsed from the date the licensed dealer contacted the NICS and the NICS has not notified the licensed dealer that a sale or transfer to such person would violate state or federal law.

Section 23-31-1130.A person who violates the provisions of this article is guilty of a Class A misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than one thousand dollars, or both." /