COOL OFF Act

I 117TH CONGRESS 1ST SESSION H. R. 1752 To provide for a 3-day waiting period before a person may receive a handgun, with exceptions. IN THE HOUSE OF REPRESENTATIVES MARCH 10, 2021 Mr. KRISHNAMOORTHI (for himself, Mr. BLUMENAUER, Ms. BLUNT ROCH- ESTER, Mr. BROWN, Mr. CARBAJAL, Mr. CARSON, Mr. CASE, Mr. CASTEN, Ms. CASTOR of Florida, Mr. CICILLINE, Ms. CLARKE of New York, Mr. COHEN, Mr. DANNY K. DAVIS of Illinois, Ms. DEAN, Ms. DEGETTE, Ms. DELAURO, Mrs. DEMINGS, Mr. DESAULNIER, Mr. DEUTCH, Mr. DOGGETT, Ms. ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr. EVANS, Mr. FOSTER, Mr. GARAMENDI, Mr. GREEN of Texas, Mr. GRI- JALVA, Ms. HAALAND, Mr. HASTINGS, Mrs. HAYES, Mr. HIMES, Ms. JACKSON LEE, Ms. JOHNSON of Texas, Mr. JOHNSON of Georgia, Mr. KEATING, Mr. KHANNA, Mr. LAWSON of Florida, Ms. LEE of California, Mr. LIEU, Mr. LOWENTHAL, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MCNERNEY, Ms. MENG, Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. MOULTON, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. PALLONE, Mr. PASCRELL, Mr. PAYNE, Mr. PERLMUTTER, Mr. PRICE of North Carolina, Mr. QUIGLEY, Mr. RASKIN, Ms. ROYBAL-ALLARD, Mr. RUP- PERSBERGER, Mr. RUSH, Mr. SABLAN, Ms. SCHAKOWSKY, Mr. SHER- MAN, Mr. SIRES, Mr. SOTO, Ms. SPEIER, Mr. SUOZZI, Mr. TAKANO, Mr. THOMPSON of Mississippi, Ms. TLAIB, Mr. TONKO, Mr. VARGAS, Ms. WASSERMAN SCHULTZ, and Ms. WILSON of Florida) introduced the fol- lowing bill; which was referred to the Committee on the Judiciary A BILL To provide for a 3-day waiting period before a person may receive a handgun, with exceptions. VerDate Sep 11 2014 19:39 May 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1752.IH H1752 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1752 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Choosing Our Own 4 Lives Over Fast Firearms Act’’ or the ‘‘COOL OFF Act’’. 5 SEC. 2. 3-DAY WAITING PERIOD REQUIRED BEFORE RE- 6 CEIPT OF A HANDGUN, WITH EXCEPTIONS. 7 (a) TRANSFERS BETWEEN PERSONS WHO ARE NOT 8 FIREARMS LICENSEES.—Section 922 of title 18, United 9 States Code, is amended by adding at the end the fol- 10 lowing: 11 ‘‘(aa)(1) Except as provided in paragraph (2), it shall 12 be unlawful for a person not licensed under this chapter, 13 in or affecting interstate or foreign commerce, to receive 14 a handgun from another person not licensed under this 15 chapter unless at least 3 business days (meaning a day 16 on which State offices are open) have elapsed since the 17 recipient most recently offered to take possession of the 18 handgun. 19 ‘‘(2) Paragraph (1) shall not apply with respect to 20 a handgun transfer that meets the conditions of subsection 21 (t)(7).’’. 22 (b) TRANSFERS BY FIREARMS LICENSEES TO NON- 23 LICENSEES.—Section 922(t) of such title is amended— 24 (1) in paragraph (1)— 25 VerDate Sep 11 2014 19:39 May 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1752.IH H1752 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1752 IH (A) by striking ‘‘and’’ at the end of sub- 1 paragraph (B)(ii); 2 (B) by striking the period and inserting ‘‘; 3 and’’ at the end of subparagraph (C); and 4 (C) by adding at the end the following: 5 ‘‘(D) in the case of a handgun transfer that 6 does not meet the conditions of paragraph (7), 3 7 business days (meaning a day on which State offices 8 are open) have elapsed since the licensee contacted 9 the system.’’; and 10 (2) by adding at the end the following: 11 ‘‘(7) A handgun transfer meets the conditions of this 12 paragraph if— 13 ‘‘(A) the transferee is a law enforcement agency 14 or any law enforcement officer, armed private secu- 15 rity professional, or member of the armed forces, to 16 the extent the officer, professional, or member is 17 acting within the course and scope of employment 18 and official duties; 19 ‘‘(B) the transfer is a loan between spouses, be- 20 tween domestic partners, between parents and their 21 children, between siblings, between aunts or uncles 22 and their nieces or nephews, or between grand- 23 parents and their grandchildren, for a lawful pur- 24 pose; 25 VerDate Sep 11 2014 19:39 May 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1752.IH H1752 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1752 IH ‘‘(C) the transfer is temporary and necessary to 1 prevent imminent death or great bodily harm, if the 2 possession by the transferee lasts only as long as im- 3 mediately necessary to prevent the imminent death 4 or great bodily harm; or 5 ‘‘(D) the transfer is temporary and the trans- 6 feror has no reason to believe that the transferee will 7 use or intends to use the firearm in a crime or is 8 prohibited from possessing firearms under State or 9 Federal law, and the transfer takes place and the 10 transferee’s possession of the firearm is exclu- 11 sively— 12 ‘‘(i) at a shooting range or in a shooting 13 gallery or other area designated for the purpose 14 of target shooting; 15 ‘‘(ii) while reasonably necessary for the 16 purposes of hunting, trapping, or fishing, if the 17 transferor— 18 ‘‘(I) has no reason to believe that the 19 transferee intends to use the firearm in a 20 place where it is illegal; and 21 ‘‘(II) has reason to believe that the 22 transferee will comply with all licensing 23 and permit requirements for such hunting, 24 trapping, or fishing; or 25 VerDate Sep 11 2014 19:39 May 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1752.IH H1752 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1752 IH ‘‘(iii) while in the presence of the trans- 1 feror.’’. 2 (c) PENALTIES.—Section 924(a)(1)(B) of such title 3 is amended by striking ‘‘or (q)’’ and inserting ‘‘(q), or 4 (aa)’’. 5 (d) EFFECTIVE DATE.—The amendments made by 6 this section shall apply to conduct engaged in after the 7 90-day period that begins with the date of the enactment 8 of this Act. 9 Æ VerDate Sep 11 2014 19:39 May 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1752.IH H1752 pamtmann on DSKBC07HB2PROD with BILLS