[Congressional Record Volume 164, Number 195 (Tuesday, December 11, 2018)]
[Senate]
[Pages S7448-S7449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERSTATE TRANSPORT ACT OF 2017
Mr. PERDUE. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 560, S. 1092.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1092) to protect the right of law-abiding
citizens to transport knives interstate, notwithstanding a
patchwork of local and State prohibitions.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
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.
Mr. PERDUE. I ask unanimous consent that the committee-reported
substitute amendment be withdrawn and that the Thune substitute
amendment at the desk be agreed to; that the bill, as amended, be
considered read a third time and passed; and that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
withdrawn.
The amendment (No. 4073) in the nature of a substitute was agreed to,
as follows
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
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, or 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
[[Page S7449]]
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, the knife--
(i) 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.--A person who is transporting a knife in
compliance with this section may not be arrested 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) Costs.--If a person who asserts this section as a claim
or defense in a civil or criminal action or proceeding is a
prevailing party on the claim or defense, the court shall
award costs and reasonable attorney's fees incurred by the
person.
(f) Expungement.--If a person who asserts this section as a
claim or defense in a criminal proceeding is a prevailing
party on the claim or defense, the court shall enter an order
that directs that there be expunged from all official records
all references to--
(1) the arrest of the person for the offense as to which
the claim or defense was asserted;
(2) the institution of any criminal proceedings against the
person relating to such offense; and
(3) the results of the proceedings, if any.
(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.
The bill (S. 1092), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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