[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1092 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 560
115th CONGRESS
  2d Session
                                S. 1092

                          [Report No. 115-327]

   To protect the right of law-abiding citizens to transport knives 
      interstate, notwithstanding a patchwork of local and State 
                             prohibitions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2017

Mr. Enzi (for himself, Mr. Wyden, Mr. Daines, Mr. Heinrich, Mr. Risch, 
   Mr. Manchin, Mr. Merkley, Mr. Crapo, Mr. Udall, Mr. Lee, and Ms. 
   Baldwin) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                            August 27, 2018

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To protect the right of law-abiding citizens to transport knives 
      interstate, notwithstanding a patchwork of local and State 
                             prohibitions.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Interstate Transport Act of 
2017''.</DELETED>

<DELETED>SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.</DELETED>

<DELETED>    (a) Transport of Knives.--Notwithstanding any other 
provision of any law or any rule or regulation of a State or any 
political subdivision thereof, any person who is not otherwise 
prohibited by any Federal law, rule, or regulation from transporting, 
shipping, or receiving a knife shall be entitled to transport a knife 
for any lawful purpose from any place where the person may lawfully 
possess and carry such knife to any other place where the person may 
lawfully possess and carry such knife if--</DELETED>
        <DELETED>    (1) in the case of a mode of transportation 
        subject to rules and regulations of the Transportation Security 
        Administration or the Coast Guard, the individual complies with 
        all applicable rules and regulations of the Transportation 
        Security Administration or the Coast Guard, respectively; 
        and</DELETED>
        <DELETED>    (2) in the case of a mode of transportation not 
        subject to rules and regulations of the Transportation Security 
        Administration or the Coast Guard, during such transportation, 
        any such knife that is being transported and that is not legal 
        for the person to possess in a jurisdiction through which the 
        person is traveling--</DELETED>
                <DELETED>    (A) is not readily accessible or directly 
                accessible from the passenger compartment of the mode 
                of transportation; or</DELETED>
                <DELETED>    (B) in the case of a mode of 
                transportation without a compartment separate from the 
                passenger compartment, is contained in a locked 
                container other than the glove compartment or 
                console.</DELETED>
<DELETED>    (b) Emergency Knives.--</DELETED>
        <DELETED>    (1) In general.--An individual--</DELETED>
                <DELETED>    (A) may carry in the passenger compartment 
                of a mode of transportation a knife or tool--</DELETED>
                        <DELETED>    (i) the blades of which consist 
                        only of a blunt tipped safety blade, a guarded 
                        blade, or both; and</DELETED>
                        <DELETED>    (ii) that is specifically designed 
                        for enabling escape in an emergency by cutting 
                        safety belts; and</DELETED>
                <DELETED>    (B) shall not be required to secure a 
                knife or tool described in subparagraph (A) in any 
                locked container.</DELETED>
        <DELETED>    (2) Limitation.--This subsection shall not apply 
        to the transport of a knife or tool by a mode of transportation 
        that is subject to rules and regulations of the Transportation 
        Security Administration or the Coast Guard.</DELETED>
<DELETED>    (c) No Arrest or Detention.--An individual who is 
transporting a knife in compliance with this section may not be 
arrested or otherwise detained for violation of any law, rule, or 
regulation of a State or political subdivision of a State related to 
the possession, transport, or carrying of a knife, unless there is 
probable cause to believe that the individual is not in compliance with 
subsection (a).</DELETED>
<DELETED>    (d) Claim or Defense.--An individual may assert this 
section as a claim or defense in any civil or criminal action or 
proceeding. When an individual asserts this section as a claim or 
defense in a criminal proceeding, the State or political subdivision 
shall have the burden of proving, beyond a reasonable doubt, that the 
individual was not in compliance with subsection (a).</DELETED>
<DELETED>    (e) Rule of Construction.--Nothing in this section shall 
be construed to limit any right to possess, carry, or transport a knife 
under applicable State law.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Transport Act of 2018''.

SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.

    (a) Definition.--In this Act, the term ``transport''--
            (1) includes staying in temporary lodging overnight, common 
        carrier misrouting or delays, stops for food, fuel, vehicle 
        maintenance, emergencies, medical treatment, and any other 
        activity related to the journey of a person; and
            (2) does not include transport of a knife with the intent 
        to commit an offense punishable by imprisonment for a term 
        exceeding 1 year involving the use or threatened use of force 
        against another person, or with knowledge, or reasonable cause 
        to believe, that such an offense is to be committed in the 
        course of, or arising from, the journey.
    (b) Transport of Knives.--
            (1) In general.--Notwithstanding any other provision of any 
        law or any rule or regulation of a State or any political 
        subdivision thereof, a person who is not otherwise prohibited 
        by any Federal law from possessing, transporting, shipping, or 
        receiving a knife shall be entitled to transport a knife for 
        any lawful purpose from any place where the person may lawfully 
        possess, carry, or transport the knife to any other place where 
        the person may lawfully possess, carry, or transport the knife 
        if--
                    (A) in the case of transport by motor vehicle--
                            (i) the knife is not directly accessible 
                        from the passenger compartment of the motor 
                        vehicle; or
                            (ii) in the case of a motor vehicle without 
                        a compartment separate from the passenger 
                        compartment, is contained in a locked container 
                        other than the glove compartment or console; 
                        and
                    (B) in the case of transport by means other than a 
                motor vehicle, including any transport over land or on 
                or through water, the knife is contained in a locked 
                container.
            (2) Limitation.--This subsection shall not apply to the 
        transport of a knife or tool in the cabin of a passenger 
        aircraft subject to the rules and regulations of the 
        Transportation Security Administration.
    (c) Emergency Knives.--
            (1) In general.--A person--
                    (A) may carry in the passenger compartment of a 
                mode of transportation a knife or tool--
                            (i) the blades of which consist only of a 
                        blunt tipped safety blade, a guarded blade, or 
                        both; and
                            (ii) that is specifically designed for 
                        enabling escape in an emergency by cutting 
                        safety belts; and
                    (B) shall not be required to secure a knife or tool 
                described in subparagraph (A) in a locked container.
            (2) Limitation.--This subsection shall not apply to the 
        transport of a knife or tool in the cabin of a passenger 
        aircraft subject to the rules and regulations of the 
        Transportation Security Administration.
    (d) No Arrest or Detention.--A person who is transporting a knife 
in compliance with this section may not be arrested or otherwise 
detained for violation of any law, rule, or regulation of a State or 
political subdivision of a State related to the possession, transport, 
or carrying of a knife, unless there is probable cause to believe that 
the person is not in compliance with subsection (b).
    (e) Claim or Defense.--A person may assert this section as a claim 
or defense in a civil or criminal action or proceeding. When a person 
asserts this section as a claim or defense in a criminal proceeding, 
the State or political subdivision shall have the burden of proving, 
beyond a reasonable doubt, that the person was not in compliance with 
subsection (b).
    (f) Rule of Construction.--Nothing in this section shall be 
construed to limit any right to possess, carry, or transport a knife 
under applicable State law.
                                                       Calendar No. 560

115th CONGRESS

  2d Session

                                S. 1092

                          [Report No. 115-327]

_______________________________________________________________________

                                 A BILL

   To protect the right of law-abiding citizens to transport knives 
      interstate, notwithstanding a patchwork of local and State 
                             prohibitions.

_______________________________________________________________________

                            August 27, 2018

                       Reported with an amendment