I 

114TH CONGRESS 

1ST SESSION H. R. 419 

To protect the right of law-abiding citizens to transport knives interstate, 

notwithstanding a patchwork of local and State prohibitions. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 20, 2015 

Mr. SALMON introduced the following bill; which was referred to the 

Committee on the Judiciary 

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 ‘‘Knife Owners’ Protec5 tion Act of 2015’’. 

6 SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. 

7 (a) IN GENERAL.—Notwithstanding any provision of 

8 any law or any rule or regulation of the United States, 

9 or of a State or any political subdivision of a State, any 

10 person who is not otherwise prohibited by Federal law 


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1 from possessing, transporting, shipping, or receiving a 

2 knife or knives shall be entitled to transport a knife or 

3 knives from any place where such person may lawfully pos4 sess, carry or transport such a knife or knives to any other 

5 place where such person may lawfully possess, carry or 

6 transport such a knife or knives if— 

7 (1) in the case of transportation by motor vehi8 cle, the knife or knives are not directly accessible 

9 from the passenger compartment of such trans10 porting vehicle, or, in the case of a motor vehicle 

11 without a compartment separate from the passenger 

12 compartment, the knife or knives shall be contained 

13 in a locked container, glove compartment, or console; 

14 or 

15 (2) in the case of transportation by other 

16 means (including any conveyance over land, on or 

17 through water, or through the air), the knife or 

18 knives are contained in a locked container. 

19 (b) EMERGENCY KNIVES.—Any knife or tool de20 signed for enabling escape in an emergency incorporating 

21 a blunt tipped safety blade, a guarded blade, or both, for 

22 cutting safety belts may be carried in the passenger com23 partment and need not be secured in a locked container, 

24 glove compartment, or console. This subsection shall not 

25 apply to the transport of any such knife or tool in the 


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1 passenger cabin of aircraft whose passengers are subject 

2 to airport screening procedures of the Transportation Se3 curity Administration. 

4 (c) NO ARREST OR DETENTION.—A person who is 

5 transporting a knife or knives in compliance with this sec6 tion may not be arrested or otherwise detained for viola7 tion of any law or any rule or regulation of a State or 

8 any political subdivision of a State related to the posses9 sion, transportation, or carrying of knives, unless there is 

10 probable cause to believe that the person is not in compli11 ance with at least one of the requirements of subsection 

12 (a). 

13 (d) CLAIM OR DEFENSE.—A person may assert this 

14 section as a claim or defense in any action or proceeding, 

15 civil or criminal. When a person asserts this section as 

16 a claim or defense in a criminal proceeding, the State or 

17 political subdivision shall bear the burden of proving, be18 yond a reasonable doubt, that the person was not in com19 pliance with subsection (a). 

20 (e) RIGHT OF ACTION.—Any person who, under color 

21 of any statute, ordinance, regulation, custom, or usage, 

22 of any State or political subdivision of a State, subjects, 

23 or causes to be subjected, any person to the deprivation 

24 of the rights, privileges, or immunities set forth in this 

25 section, shall be liable to the person so deprived in an acVerDate Sep 11 2014 17:07 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H419.IH H419

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1 tion at law, suit in equity, or other proper proceeding for 

2 redress. When a person asserts this section as a claim or 

3 defense, the court shall award the prevailing party (includ4 ing any party who receives a favorable resolution through 

5 a decision by a court, settlement of a claim, withdrawal 

6 of criminal charges, or change of a statute or regulation), 

7 other than a State or any political subdivision of a State 

8 or its employees or representatives, a reasonable attorneys’ 

9 fee. 

10 (f) DEFINITION.—As used in this section, the term 

11 ‘‘transport’’ includes staying in temporary lodging over12 night, common carrier misrouting or delays, stops for 

13 food, fuel, vehicle maintenance, emergencies, medical 

14 treatment, and all other activity related to the person’s 

15 overall journey. The term shall not include any transpor16 tation of a knife or knives with the intent to commit any 

17 offense punishable by imprisonment for a term exceeding 

18 one year involving the use or threatened use of force 

19 against another, or with knowledge, or reasonable cause 

20 to believe, that such an offense is to be committed in the 

21 course of, or arising from, such journey. Within any form 

22 of temporary lodging, a knife or knives may be accessible. 

23 (g) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall be construed in any way to limit any right to 


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1 possess, carry, or transport a knife or knives under appli2 cable State law. 

Æ 


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