[Congressional Record Volume 161, Number 171 (Thursday, November 19, 2015)]
[Senate]
[Pages S8167-S8168]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2855. Mr. ENZI (for himself and Mr. Wyden) submitted an amendment
intended to be proposed to amendment SA 2812 proposed by Ms. Collins
(for herself and Mr. Reed) to the bill H.R.
[[Page S8168]]
2577, making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2016, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of title IV, add the following:
SEC. 416. INTERSTATE TRANSPORT OF KNIVES.
(a) Short Title.--This section may be cited as the ``Knife
Owners' Protection Act of 2015''.
(b) Definition.--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 any other
activity related to the journey of an individual; 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.
(c) Transport of Knives.--Notwithstanding any other
provision of law, rule, or regulation of the United States,
or of a State or political subdivision of a State, an
individual who is not otherwise prohibited by Federal law
from possessing, transporting, shipping, or receiving a knife
may transport a knife from any State or place where the
individual may lawfully possess, carry, or transport the
knife to any other State or place where the individual may
lawfully possess, carry, or transport the knife if--
(1) in the case of transport by motor vehicle--
(A) the knife is not directly accessible from the passenger
compartment of the motor vehicle; or
(B) in the case of a motor vehicle without a compartment
separate from the passenger compartment, the knife is
contained in a closed--
(i) container;
(ii) glove compartment; or
(iii) console; or
(2) in the case of transport by means other than a motor
vehicle, including any transport over land, on or through
water, or through the air, the knife is contained in a closed
container.
(d) Emergency Knives.--
(1) In general.--An individual--
(A) may carry in the passenger compartment of a motor
vehicle a knife or tool designed for enabling escape in an
emergency that incorporates a blunt tipped safety blade or a
guarded blade or both for cutting safety belts; and
(B) shall not be required to secure a knife or tool
described in subparagraph (A) in a closed--
(i) container;
(ii) glove compartment; or
(iii) console.
(2) Limitation.--This subsection shall not apply to the
transport of a knife or tool in the passenger cabin of an
aircraft whose passengers are subject to airport screening
procedures of the Transportation Security Administration.
(e) 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 (c).
(f) 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 (c).
(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.
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