; or (B) a former law enforcement officer separated from the employ of such agency for reasons other than misconduct, neglect of duty, or malfeasance; and (2) to whom such agency most recently issued such firearm. (b) Background check required (1) In general An agency may not sell a firearm to an individual under subsection (a) of this section until the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ) has notified the agency that receipt of a firearm by the individual would not violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law, unless paragraph (1) of section 922(t) of title 18, United States Code, would not apply to the transfer by reason of paragraph (3) of such section 922(t) if the agency were a licensee. (2) Communication between a Federal agency and NICS For the purpose of the sale of a firearm under subsection (a) of this section, an agency may contact the national instant criminal background check system in the same manner as a licensee is authorized to contact the system under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ), for information on whether receipt of a firearm by a prospective buyer would violate section 922 of title 18, United States Code, or State law, and the system may respond to such contact as if the agency were a licensee. (c) Definitions In this Act: (1) Agency The term agency has the meaning given such term in section 551 of title 5, United States Code. (2) Firearm The term firearm means a pistol or revolver. (3) Good standing The term good standing means, with respect to an individual who is a law enforcement officer, that the individual— (A) is not currently the subject of any disciplinary action by the employing agency of such individual, which could result in permanent loss of police powers and removal from such agency