What This Bill Does
This bill creates a waiting period requirement before certain people can receive handguns. It requires at least 3 business days (days when state offices are open) to pass between when someone offers to take possession of a handgun and when they actually receive it. Some types of transfers are exempt from this waiting period requirement.
Who It Affects
People who are not licensed firearms dealers receiving handguns from other people who are not licensed firearms dealers. People who are not licensed firearms dealers receiving handguns from licensed firearms dealers. Law enforcement officers, armed private security professionals, members of the armed forces, family members borrowing handguns, and people receiving handguns in emergency situations.
Key Provisions
* Unlicensed people cannot receive a handgun from another unlicensed person unless at least 3 business days have passed since they offered to take possession of it (Sec. 2(a))
* Licensed firearms dealers cannot transfer handguns to unlicensed people unless 3 business days have passed since the dealer contacted the background check system, unless an exception applies (Sec. 2(b))
* Law enforcement officers, armed private security professionals, and armed forces members acting in their official duties are exempt from the waiting period when receiving handguns (Sec. 2(b))
* Family members (spouses, domestic partners, parents, children, siblings, aunts, uncles, nieces, nephews, grandparents, grandchildren) can loan handguns to each other without waiting if it is for a lawful purpose (Sec. 2(b))
* Temporary transfers to prevent immediate death or serious injury are exempt from the waiting period, as long as possession ends as soon as the danger passes (Sec. 2(b))
* Temporary transfers for shooting ranges, hunting, trapping, fishing, or while in the presence of the person lending the gun are exempt if the lender has no reason to believe the borrower will commit a crime or is prohibited from owning firearms (Sec. 2(b))
What Changes
Anyone who is not a licensed firearms dealer will be prohibited from receiving a handgun from another unlicensed person without waiting at least 3 business days. Licensed firearms dealers will be prohibited from giving handguns to unlicensed people without waiting at least 3 business days after contacting the background check system, with specific exceptions. Violations of these new rules will be treated as criminal offenses with penalties.
Important Definitions
The bill defines "3 business days" as days when state offices are open. It defines "handgun" but references the existing definition in federal firearms law rather than restating it. All other terms used are not explicitly defined in the bill text.
Effective Date
The bill takes effect 90 days after the date it becomes law.
I
118TH CONGRESS
1ST SESSION
H. R. 667
To provide for a 3-day waiting period before a person may receive a handgun,
with exceptions.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2023
Mr. KRISHNAMOORTHI (for himself, Mr. QUIGLEY, Mr. CA´RDENAS, Mr.
MORELLE, Mr. AUCHINCLOSS, Mr. ESPAILLAT, Mr. KEATING, Ms. NOR-
TON, Mr. MULLIN, Mrs. HAYES, Ms. TOKUDA, Mr. BLUMENAUER, Mr.
CASTEN, Mr. SHERMAN, and Ms. CASTOR 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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Choosing Our Own
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Lives Over Fast Firearms Act’’ or the ‘‘COOL OFF Act’’.
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SEC. 2. 3-DAY WAITING PERIOD REQUIRED BEFORE RE-
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CEIPT OF A HANDGUN, WITH EXCEPTIONS.
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(a) TRANSFERS BETWEEN PERSONS WHO ARE NOT
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FIREARMS LICENSEES.—Section 922 of title 18, United
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•HR 667 IH
States Code, is amended by adding at the end the fol-
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lowing:
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‘‘(aa)(1) Except as provided in paragraph (2), it shall
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be unlawful for a person not licensed under this chapter,
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in or affecting interstate or foreign commerce, to receive
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a handgun from another person not licensed under this
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chapter unless at least 3 business days (meaning a day
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on which State offices are open) have elapsed since the
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recipient most recently offered to take possession of the
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handgun.
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‘‘(2) Paragraph (1) shall not apply with respect to
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a handgun transfer that meets the conditions of subsection
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(t)(7).’’.
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(b) TRANSFERS BY FIREARMS LICENSEES TO NON-
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LICENSEES.—Section 922(t) of such title is amended—
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(1) in paragraph (1)—
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(A) in subparagraph (C)(iii)(II), by strik-
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ing ‘‘and’’ at the end;
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(B) in subparagraph (D), by striking the
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period at the end and inserting ‘‘; and’’; and
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(C) by adding at the end the following:
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‘‘(E) in the case of a handgun transfer that
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does not meet the conditions of paragraph (7), 3
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business days (meaning a day on which State offices
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•HR 667 IH
are open) have elapsed since the licensee contacted
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the system.’’; and
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(2) by adding at the end the following:
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‘‘(7) A handgun transfer meets the conditions of this
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paragraph if—
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‘‘(A) the transferee is a law enforcement agency
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or any law enforcement officer, armed private secu-
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rity professional, or member of the armed forces, to
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the extent the officer, professional, or member is
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acting within the course and scope of employment
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and official duties;
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‘‘(B) the transfer is a loan between spouses, be-
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tween domestic partners, between parents and their
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children, between siblings, between aunts or uncles
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and their nieces or nephews, or between grand-
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parents and their grandchildren, for a lawful pur-
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pose;
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‘‘(C) the transfer is temporary and necessary to
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prevent imminent death or great bodily harm, if the
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possession by the transferee lasts only as long as im-
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mediately necessary to prevent the imminent death
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or great bodily harm; or
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‘‘(D) the transfer is temporary and the trans-
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feror has no reason to believe that the transferee will
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use or intends to use the firearm in a crime or is
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•HR 667 IH
prohibited from possessing firearms under State or
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Federal law, and the transfer takes place and the
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transferee’s possession of the firearm is exclu-
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sively—
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‘‘(i) at a shooting range or in a shooting
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gallery or other area designated for the purpose
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of target shooting;
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‘‘(ii) while reasonably necessary for the
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purposes of hunting, trapping, or fishing, if the
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transferor—
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‘‘(I) has no reason to believe that the
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transferee intends to use the firearm in a
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place where it is illegal; and
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‘‘(II) has reason to believe that the
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transferee will comply with all licensing
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and permit requirements for such hunting,
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trapping, or fishing; or
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‘‘(iii) while in the presence of the trans-
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feror.’’.
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(c) PENALTIES.—Section 924(a)(1)(B) of such title
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is amended by striking ‘‘or (q)’’ and inserting ‘‘(q), or
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(aa)’’.
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(d) EFFECTIVE DATE.—The amendments made by
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this section shall apply to conduct engaged in after the
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•HR 667 IH
90-day period that begins with the date of the enactment
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of this Act.
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Æ
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