; and (B) desires to receive ammunition from an unlicensed transferor; and (2) the term unlicensed transferor means a person who— (A) is not licensed under this chapter; and (B) desires to transfer ammunition to an unlicensed transferee. (b) Prohibition (1) In general It shall be unlawful for an unlicensed transferor to knowingly transfer ammunition to an unlicensed transferee and knowingly fail to obtain a background check conducted by a licensed dealer in accordance with subsection (d) with respect to the transfer. (2) Criminal penalty An unlicensed transferor who violates paragraph (1) shall be fined under this title, imprisoned for not more than 1 year, or both. (c) Civil Penalty If any unlicensed transferor knowingly transfers ammunition to an unlicensed transferee and knowingly fails to obtain a background check conducted by a licensed dealer in accordance with subsection (d) with respect to the transfer and, at the time such unlicensed transferee 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 ammunition by such unlicensed transferee would violate subsection (g) or (n) of section 922 or State law, the Attorney General may, after notice and opportunity for a hearing, impose on the unlicensed transferee a civil fine of not more than— (1) in the case of a first violation, $5,000; (2) in the case of a second violation, $25,000; and (3) in the case of any subsequent violation, $100,000. (d) Background checks through licensed dealers A licensed dealer who agrees to assist in the transfer of ammunition between an unlicensed transferor and an unlicensed transferee shall— (1) enter such information about the ammunition as the Attorney General may require by regulation into a separate bound record; (2) record the transfer on a form specified by the Attorney General