The COOL OFF Act establishes a mandatory 3-day waiting period for handgun transfers, with specific exceptions for law enforcement, family loans, emergencies, and certain target practice or hunting scenarios.
Raja Krishnamoorthi
Representative
IL-8
The Choosing Our Own Lives Over Fast Firearms Act, or COOL OFF Act, establishes a mandatory 3-business-day waiting period before an individual can receive a handgun, whether through a private sale or from a licensed dealer. This waiting period is waived for specific exceptions, such as transfers involving law enforcement, temporary family loans, or emergency situations to prevent serious harm. The law includes penalties for violations and will take effect 90 days after enactment.
The “Choosing Our Own Lives Over Fast Firearms Act,” or COOL OFF Act, introduces a mandatory 3-business-day waiting period before anyone can take possession of a handgun. This isn't just about gun shops; the rule applies across the board, covering sales made by licensed dealers and those between private individuals. If you’re buying a handgun, you now have a mandated cool-down period before you can actually walk away with it.
For most people, the core change is simple: buy a handgun today, pick it up three business days later. This new waiting period is layered on top of the existing background check system (Section 922(t)). Even if a background check comes back instantly, a licensed dealer must still hold the firearm for those three business days. For private sales, which often lack the same rigor, the wait is designed to create a mandatory pause button. The idea here is to reduce impulsive acts—whether that’s violence against others or self-harm—by putting time and distance between the decision to acquire the firearm and actually getting it.
The bill carves out several specific exceptions, which is where things get interesting. The waiting period is waived entirely if the transfer is for official business, such as for law enforcement or armed security professionals. It’s also waived for temporary loans between immediate family members (spouses, parents/children, siblings, etc.) for a lawful reason. This means lending your handgun to your sibling for a weekend hunting trip is fine, provided it’s temporary and lawful.
Crucially, the wait is also waived in cases of “Emergency Use.” This exception applies only if the transfer is temporary and “absolutely necessary to prevent immediate death or serious bodily harm.” This acknowledges that sometimes, the need for self-defense is immediate, but it sets a high bar, requiring proof that the situation was truly urgent and life-threatening.
One exception in the bill deserves a closer look because it relies heavily on trust. The waiting period is waived for temporary transfers for target practice or hunting, provided the seller “genuinely believes” the buyer isn't prohibited from owning a firearm and won't use it in a crime. This transfer can only happen if the gun is immediately taken to a designated range, or if the seller keeps the firearm “in the transferor’s presence.” This creates a potential loophole: a buyer could theoretically skip the wait if they claim the purchase is for target practice, as long as the seller believes them and stays with the firearm. Since the bill relies on the seller’s subjective belief rather than objective criteria, this provision could be tricky to enforce and potentially exploited.
If you’re a law-abiding citizen trying to buy a handgun for home defense, this bill means an automatic 72-hour delay. For someone who feels immediately threatened and needs a firearm right now, this three-day wait could feel like a significant restriction on their ability to protect themselves. Conversely, proponents would argue that a three-day wait is a small price to pay if it prevents impulsive acts of violence or suicide, which often occur shortly after a firearm is acquired.
For those involved in private sales—say, selling a handgun to a colleague—the process is now more complicated. Both parties must ensure the 3-day wait is observed, or they risk facing updated penalties for violating the new rules. These changes won't hit immediately; the COOL OFF Act only applies to transfers occurring 90 days after it becomes law, giving dealers and private sellers time to adapt to the new timeline.