[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3264 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3264

   To protect the right of law-abiding citizens to transport knives 
      interstate, notwithstanding a patchwork of local and State 
 prohibitions, and to repeal Federal provisions related to switchblade 
                     knives which burden citizens.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2018

  Mr. Wicker introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To protect the right of law-abiding citizens to transport knives 
      interstate, notwithstanding a patchwork of local and State 
 prohibitions, and to repeal Federal provisions related to switchblade 
                     knives which burden citizens.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Knife Owners' Protection Act of 
2018''.

SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.

    (a) Authorization.--
            (1) In general.--Notwithstanding any provision of any law 
        or any rule or regulation of the United States, or of a State 
        or any political subdivision of a State, any person who is not 
        otherwise prohibited by Federal law from possessing, 
        transporting, shipping, or receiving a knife shall be entitled 
        to transport a knife from any place where such person may 
        lawfully possess, carry or transport such a knife to any other 
        place where such person may lawfully possess, carry or 
        transport such a knife if--
                    (A) in the case of transportation 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, the knife is contained in a locked 
                        container, glove compartment, or console; or
                    (B) in the case of transportation by other means 
                (including any conveyance over land, on or through 
                water, or through the air), the knife is contained in a 
                locked container.
            (2) Temporary lodging.--If a person is transporting a knife 
        in accordance with paragraph (1), during a period the person is 
        within any form of temporary lodging, the knife may be 
        accessible.
    (b) Emergency Knives.--Any knife or tool designed for enabling 
escape in an emergency incorporating a blunt tipped safety blade, a 
guarded blade, or both, for cutting safety belts may be carried in the 
passenger compartment and need not be secured in a locked container, 
glove compartment, or console. This subsection shall not apply to the 
transport of any such knife or tool in the passenger cabin of aircraft 
whose passengers are subject to airport screening procedures of the 
Transportation Security Administration.
    (c) No Arrest or Detention.--A person who is transporting a knife 
in accordance with this section may not be arrested or otherwise 
detained for violation of any law or any rule or regulation of a State 
or any political subdivision of a State related to the possession, 
transportation, or carrying of knives, unless there is probable cause 
to believe that the person is not in compliance with at least one of 
the requirements of subsection (a).
    (d) Claim or Defense.--A person may assert this section as a claim 
or defense in any action or proceeding, civil or criminal. If a person 
asserts this section as a claim or defense in a criminal proceeding, 
the State or political subdivision shall bear the burden of proving, 
beyond a reasonable doubt, that the person was not in compliance with 
subsection (a).
    (e) Right of Action.--Any person who, under color of any statute, 
ordinance, regulation, custom, or usage, of any State or political 
subdivision of a State, subjects, or causes to be subjected, any person 
to the deprivation of the rights, privileges, or immunities set forth 
in this section, shall be liable to the person so deprived in an action 
at law, suit in equity, or other proper proceeding for redress. If a 
person asserts this section as a claim or defense, the court shall 
award the prevailing party (including any party who receives a 
favorable resolution through a decision by a court, settlement of a 
claim, withdrawal of criminal charges, or change of a statute or 
regulation), other than a State or any political subdivision of a State 
or its employees or representatives, reasonable attorneys' fees.
    (f) Definition.--As used in this section, 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 all other 
        activity related to the person's overall journey; and
            (2) does not include any transportation of a knife with--
                    (A) the intent to commit any offense punishable by 
                imprisonment for a term exceeding 1 year involving the 
                use or threatened use of force against another; or
                    (B) knowledge, or reasonable cause to believe, that 
                such an offense is to be committed in the course of, or 
                arising from, such journey.
    (g) 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.

SEC. 3. REPEAL OF FEDERAL PROVISIONS RELATED TO SWITCHBLADE KNIVES.

    (a) Repeals.--
            (1) The Act entitled ``An Act to prohibit the introduction, 
        or manufacture for introduction, into interstate commerce of 
        switchblade knives, and for other purposes'' (15 U.S.C. 1241 et 
        seq.) (commonly known as the Federal Switchblade Act), is 
        repealed.
            (2) Subsections (g) and (i) of section 1716, title 18, 
        United States Code, are repealed.
    (b) Conforming Amendments.--Chapter 83 of title 18, United States 
Code, is amended--
            (1) in section 1716, by redesignating subsections (h), (j), 
        and (k) as subsection (g), (h), and (i), respectively; and
            (2) in section 1716E(i), by striking ``section 1716(k)'' 
        and inserting ``section 1716(i)''.
    (c) Effective Date.--The repeals made by subsection (a)--
            (1) shall take effect on the date of enactment of this Act; 
        and
            (2) do not apply with respect to any indictment, 
        convictions, sentencing, appeals, civil or criminal fines or 
        penalties obtained, forfeitures obtained, terms of imprisonment 
        or any other enforcement actions or proceedings occurring or 
        commenced on or before the date of enactment of this Act.
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