COOL OFF Act
Bill: H.R.1752 | Sponsor: Rep. Krishnamoorthi, Raja (D-IL)
Policy area: Crime and Law Enforcement

Summary:
Choosing Our Own Lives Over Fast Firearms Act or the COOL OFF Act
This bill establishes a three-day waiting period for certain handgun transfers.
Specifically, the bill makes it unlawful for a licensed importer, manufacturer, or dealer to sell or transfer a handgun to an unlicensed individual unless three business days have elapsed since the licensee initiated a background check. A violator is subject to criminal penalties—a fine, up to one year in prison, or both.
Additionally, the bill makes it unlawful for an unlicensed individual to receive a handgun from another unlicensed individual unless at least three business days have elapsed since the recipient most recently offered to take possession of the handgun. A violator is subject to criminal penalties—a fine, up to five years in prison, or both.
The three-day waiting period does not apply to certain handgun transfers, such as for a loan between spouses for a lawful purpose.

To provide for a 3-day waiting period before a person may receive a 
                       handgun, with exceptions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Choosing Our Own Lives Over Fast 
Firearms Act'' or the ``COOL OFF Act''.

SEC. 2. 3-DAY WAITING PERIOD REQUIRED BEFORE RECEIPT OF A HANDGUN, WITH 
              EXCEPTIONS.

    (a) Transfers Between Persons Who Are Not Firearms Licensees.--
Section 922 of title 18, United States Code, is amended by adding at 
the end the following:
    ``(aa)(1) Except as provided in paragraph (2), it shall be unlawful 
for a person not licensed under this chapter, in or affecting 
interstate or foreign commerce, to receive a handgun from another 
person not licensed under this chapter unless at least 3 business days 
(meaning a day on which State offices are open) have elapsed since the 
recipient most recently offered to take possession of the handgun.
    ``(2) Paragraph (1) shall not apply with respect to a handgun 
transfer that meets the conditions of subsection (t)(7).''.
    (b) Transfers by Firearms Licensees to Non-Licensees.--Section 
922(t) of such title is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and'' at the end of subparagraph 
                (B)(ii);
                    (B) by striking the period and inserting ``; and'' 
                at the end of subparagraph (C); and
                    (C) by adding at the end the following:
            ``(D) in the case of a handgun transfer that does not meet 
        the conditions of paragraph (7), 3 business days (meaning a day 
        on which State offices are open) have elapsed since the 
        licensee contacted the system.''; and
            (2) by adding at the end the following:
    ``(7) A handgun transfer meets the conditions of this paragraph 
if--
            ``(A) the transferee is a law enforcement agency or any law 
        enforcement officer, armed private security professional, or 
        member of the armed forces, to the extent the officer, 
        professional, or member is acting within the course and scope 
        of employment and official duties;
            ``(B) the transfer is a loan between spouses, between 
        domestic partners, between parents and their children, between 
        siblings, between aunts or uncles and their nieces or nephews, 
        or between grandparents and their grandchildren, for a lawful 
        purpose;
            ``(C) the transfer is temporary and necessary to prevent 
        imminent death or great bodily harm, if the possession by the 
        transferee lasts only as long as immediately necessary to 
        prevent the imminent death or great bodily harm; or
            ``(D) the transfer is temporary and the transferor has no 
        reason to believe that the transferee will use or intends to 
        use the firearm in a crime or is prohibited from possessing 
        firearms under State or Federal law, and the transfer takes 
        place and the transferee's possession of the firearm is 
        exclusively--
                    ``(i) at a shooting range or in a shooting gallery 
                or other area designated for the purpose of target 
                shooting;
                    ``(ii) while reasonably necessary for the purposes 
                of hunting, trapping, or fishing, if the transferor--
                            ``(I) has no reason to believe that the 
                        transferee intends to use the firearm in a 
                        place where it is illegal; and
                            ``(II) has reason to believe that the 
                        transferee will comply with all licensing and 
                        permit requirements for such hunting, trapping, 
                        or fishing; or
                    ``(iii) while in the presence of the transferor.''.
    (c) Penalties.--Section 924(a)(1)(B) of such title is amended by 
striking ``or (q)'' and inserting ``(q), or (aa)''.
    (d) Effective Date.--The amendments made by this section shall 
apply to conduct engaged in after the 90-day period that begins with 
the date of the enactment of this Act.
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