II 

116TH CONGRESS 

1ST SESSION S. 542 

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 

FEBRUARY 25, 2019 

Mr. ENZI (for himself, Mr. WYDEN, Mr. RISCH, Mr. HEINRICH, Mr. CRAPO, 

Mr. MERKLEY, and Mr. MANCHIN) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Interstate Transport 

5 Act of 2019’’. 

6 SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. 

7 (a) DEFINITION.—In this Act, the term ‘‘trans8 port’’— 


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1 (1) includes staying in temporary lodging over2 night, common carrier misrouting or delays, stops 

3 for food, fuel, vehicle maintenance, emergencies, or 

4 medical treatment, and any other activity related to 

5 the journey of a person; and 

6 (2) does not include transport of a knife with 

7 the intent to commit an offense punishable by im8 prisonment for a term exceeding 1 year involving the 

9 use or threatened use of force against another per10 son, or with knowledge, or reasonable cause to be11 lieve, that such an offense is to be committed in the 

12 course of, or arising from, the journey. 

13 (b) TRANSPORT OF KNIVES.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of any law or any rule or regulation of a 

16 State or any political subdivision thereof, a person 

17 who is not otherwise prohibited by any Federal law 

18 from possessing, transporting, shipping, or receiving 

19 a knife shall be entitled to transport a knife for any 

20 lawful purpose from any place where the person may 

21 lawfully possess, carry, or transport the knife to any 

22 other place where the person may lawfully possess, 

23 carry, or transport the knife if— 

24 (A) in the case of transport by motor vehi25 cle, the knife— 


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1 (i) is not directly accessible from the 

2 passenger compartment of the motor vehi3 cle; or 

4 (ii) in the case of a motor vehicle 

5 without a compartment separate from the 

6 passenger compartment, is contained in a 

7 locked container other than the glove com8 partment or console; and 

9 (B) in the case of transport by means 

10 other than a motor vehicle, including any trans11 port over land or on or through water, the knife 

12 is contained in a locked container. 

13 (2) LIMITATION.—This subsection shall not 

14 apply to the transport of a knife or tool in the cabin 

15 of a passenger aircraft subject to the rules and regu16 lations of the Transportation Security Administra17 tion. 

18 (c) EMERGENCY KNIVES.— 

19 (1) IN GENERAL.—A person— 

20 (A) may carry in the passenger compart21 ment of a mode of transportation a knife or 

22 tool— 

23 (i) the blades of which consist only of 

24 a blunt tipped safety blade, a guarded 

25 blade, or both; and 


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1 (ii) that is specifically designed for en2 abling escape in an emergency by cutting 

3 safety belts; and 

4 (B) shall not be required to secure a knife 

5 or tool described in subparagraph (A) in a 

6 locked container. 

7 (2) LIMITATION.—This subsection shall not 

8 apply to the transport of a knife or tool in the cabin 

9 of a passenger aircraft subject to the rules and regu10 lations of the Transportation Security Administra11 tion. 

12 (d) NO ARREST.—A person who is transporting a 

13 knife in compliance with this section may not be arrested 

14 for violation of any law, rule, or regulation of a State or 

15 political subdivision of a State related to the possession, 

16 transport, or carrying of a knife, unless there is probable 

17 cause to believe that the person is not in compliance with 

18 subsection (b). 

19 (e) COSTS.—If a person who asserts this section as 

20 a claim or defense in a civil or criminal action or pro21 ceeding is a prevailing party on the claim or defense, the 

22 court shall award costs and reasonable attorney’s fees in23 curred by the person. 

24 (f) EXPUNGEMENT.—If a person who asserts this 

25 section as a claim or defense in a criminal proceeding is 


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1 a prevailing party on the claim or defense, the court shall 

2 enter an order that directs that there be expunged from 

3 all official records all references to— 

4 (1) the arrest of the person for the offense as 

5 to which the claim or defense was asserted; 

6 (2) the institution of any criminal proceedings 

7 against the person relating to such offense; and 

8 (3) the results of the proceedings, if any. 

9 (g) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to limit any right to possess, carry, 

11 or transport a knife under applicable State law. 

Æ 


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