[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.

                          ____________________