COOL OFF Act

I 116TH CONGRESS 1ST SESSION H. R. 1454 To provide for a 3-day waiting period before a person may receive a handgun, with exceptions. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 28, 2019 Mr. KRISHNAMOORTHI (for himself, Mr. CASE, Ms. DEAN, Ms. DELAURO, Mrs. DEMINGS, Mr. DEUTCH, Mr. ESPAILLAT, Mr. FOSTER, Mr. GARAMENDI, Ms. HAALAND, Mr. HASTINGS, Mr. HIMES, Ms. JACKSON LEE, Mr. KHANNA, Mr. MCNERNEY, Ms. MENG, Mr. MOULTON, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. PAYNE, Mr. QUIGLEY, Mr. RASKIN, Mr. RUPPERSBERGER, Mr. SIRES, Mr. SOTO, Mr. VARGAS, Mr. GREEN of Texas, Ms. LEE of California, Mr. DANNY K. DAVIS of Illinois, and Mr. THOMPSON of Mississippi) introduced the following 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. 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 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1454.IH H1454 kjohnson on DSK79L0C42 with BILLS 2 •HR 1454 IH SEC. 2. 3-DAY WAITING PERIOD REQUIRED BEFORE RE- 1 CEIPT OF A HANDGUN, WITH EXCEPTIONS. 2 (a) TRANSFERS BETWEEN PERSONS WHO ARE NOT 3 FIREARMS LICENSEES.—Section 922 of title 18, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘(aa)(1) Except as provided in paragraph (2), it shall 7 be unlawful for a person not licensed under this chapter, 8 in or affecting interstate or foreign commerce, to receive 9 a handgun from another person not licensed under this 10 chapter unless at least 3 business days (meaning a day 11 on which State offices are open) have elapsed since the 12 recipient most recently offered to take possession of the 13 handgun. 14 ‘‘(2) Paragraph (1) shall not apply with respect to 15 a handgun transfer that meets the conditions of subsection 16 (t)(7).’’. 17 (b) TRANSFERS BY FIREARMS LICENSEES TO NON- 18 LICENSEES.—Section 922(t) of such title is amended— 19 (1) in paragraph (1)— 20 (A) by striking ‘‘and’’ at the end of sub- 21 paragraph (B)(ii); 22 (B) by adding ‘‘and’’ at the end of sub- 23 paragraph (C); and 24 (C) by adding at the end the following: 25 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1454.IH H1454 kjohnson on DSK79L0C42 with BILLS 3 •HR 1454 IH ‘‘(D) in the case of a handgun transfer 1 that does not meet the conditions of paragraph 2 (7), 3 business days (meaning a day on which 3 State offices are open) have elapsed since the li- 4 censee contacted the system.’’; and 5 (2) by adding at the end the following: 6 ‘‘(7) A handgun transfer meets the conditions of this 7 paragraph if— 8 ‘‘(A) the transferee is a law enforcement agency 9 or any law enforcement officer, armed private secu- 10 rity professional, or member of the armed forces, to 11 the extent the officer, professional, or member is 12 acting within the course and scope of employment 13 and official duties; 14 ‘‘(B) the transfer is a loan between spouses, be- 15 tween domestic partners, between parents and their 16 children, between siblings, between aunts or uncles 17 and their nieces or nephews, or between grand- 18 parents and their grandchildren, for a lawful pur- 19 pose; 20 ‘‘(C) the transfer is temporary and necessary to 21 prevent imminent death or great bodily harm, if the 22 possession by the transferee lasts only as long as im- 23 mediately necessary to prevent the imminent death 24 or great bodily harm; or 25 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1454.IH H1454 kjohnson on DSK79L0C42 with BILLS 4 •HR 1454 IH ‘‘(D) the transfer is temporary and the trans- 1 feror has no reason to believe that the transferee will 2 use or intends to use the firearm in a crime or is 3 prohibited from possessing firearms under State or 4 Federal law, and the transfer takes place and the 5 transferee’s possession of the firearm is exclu- 6 sively— 7 ‘‘(i) at a shooting range or in a shooting 8 gallery or other area designated for the purpose 9 of target shooting; 10 ‘‘(ii) while reasonably necessary for the 11 purposes of hunting, trapping, or fishing, if the 12 transferor— 13 ‘‘(I) has no reason to believe that the 14 transferee intends to use the firearm in a 15 place where it is illegal; and 16 ‘‘(II) has reason to believe that the 17 transferee will comply with all licensing 18 and permit requirements for such hunting, 19 trapping, or fishing; or 20 ‘‘(iii) while in the presence of the trans- 21 feror.’’. 22 (c) PENALTIES.—Section 924(a)(1)(B) of such title 23 is amended by striking ‘‘or (q)’’ and inserting ‘‘(q), or 24 (aa)’’. 25 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1454.IH H1454 kjohnson on DSK79L0C42 with BILLS 5 •HR 1454 IH (d) EFFECTIVE DATE.—The amendments made by 1 this section shall apply to conduct engaged in after the 2 90-day period that begins with the date of the enactment 3 of this Act. 4 Æ VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1454.IH H1454 kjohnson on DSK79L0C42 with BILLS