U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 116TH CONGRESS

1st Session 

REPORT

2019

116–65 

Calendar No. 161 

INTERSTATE TRANSPORT ACT OF 2019 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 542 

JULY 24, 2019.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED SIXTEENTH CONGRESS

FIRST SESSION

ROGER F. WICKER, Mississippi, Chairman 

JOHN THUNE, South Dakota MARIA CANTWELL, Washington 

ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts 

DAN SULLIVAN, Alaska TOM UDALL, New Mexico 

CORY GARDNER, Colorado GARY C. PETERS, Michigan 

MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin 

SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois 

MIKE LEE, Utah JON TESTER, Montana 

RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona 

TODD C. YOUNG, Indiana JACKY ROSEN, Nevada 

RICK SCOTT, Florida 

JOHN KEAST, Staff Director 

DAVID STRICKLAND, Minority Staff Director 


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Calendar No. 161 

116TH CONGRESS REPORT " ! SENATE 1st Session 116–65 

INTERSTATE TRANSPORT ACT OF 2019 

JULY 24, 2019.—Ordered to be printed 

Mr. WICKER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 542] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 542) to protect the right of law-abiding citizens to transport knives interstate, notwithstanding a 

patchwork of local and State prohibitions, having considered the 

same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 542 is to allow a knife owner to legally carry 

a knife while transiting through a State that restricts knives, as 

long as the knife owner is traveling from a State where a knife is 

legal to another State where a knife is legal and the knife is properly secured during transport. S. 542 does not apply to travel on 

commercial aircraft. 

BACKGROUND AND NEEDS

Knife laws vary from State to State; in some States it is illegal 

to carry many types of knives. If a knife owner, legally carrying a 

knife in one State, transits through a State where carrying the 

same knife is illegal, the individual is subject to arrest or fine. This 

makes it burdensome for a legal knife owner to travel across State 

lines for work, recreation, or other purposes. A similar interstate 

legal framework was addressed in 1986 for firearms under the 


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1Public Law 99–308; 100 Stat. 449. 

2 15 U.S.C. 1241 et seq. 

Firearms Owners’ Protection Act (FOPA).1 FOPA allows a firearm 

owner to legally transit a firearm across State lines as long as the 

firearm is properly secured and legal in both the State of origin 

and the State of destination. 

SUMMARY OF PROVISIONS

If enacted, S. 542 would do the following: 

• Allow an individual to transport a properly secured knife 

from one State in which the knife is legal, through any 

State, to another State in which the knife is legal. 

• Allow emergency knives to be accessible to drivers and passengers. 

• Provide protection from wrongful arrests. 

LEGISLATIVE HISTORY

S. 542, the Interstate Transport Act of 2019, was introduced on 

February 25, 2019, by Senator Enzi (for himself and Senators 

Wyden, Risch, Heinrich, Crapo, Merkley, and Manchin) and was referred to the Committee on Commerce, Science, and Transportation 

of the Senate. On April 3, 2019, the Committee met in open Executive Session and, by voice vote, ordered S. 542 reported favorably 

without amendment. 

On January 3, 2019, H.R. 88, the Knife Owners Protection Act 

of 2019, was introduced by Representative Biggs (for himself and 

Representatives Meadows, Latta, Duncan, and Lesko) and was referred to the Subcommittee on Consumer Protection and Commerce 

of the Committee on Energy and Commerce of the House of Representatives and to the Subcommittee on Crime, Terrorism, and 

Homeland Security of the Committee on the Judiciary of the House 

of Representatives. Representatives Gosar and Weber are additional cosponsors. H.R. 88 is similar to S. 542, but it also would 

allow a knife owner to sue States and municipalities that unlawfully arrest an individual transporting a knife. H.R. 88 also would 

repeal the Switchblade Knife Act,2 which makes it illegal to manufacture, import, distribute, sell, or transport any knife considered 

a switchblade. 

Similar bills to S. 542 and H.R. 88 were introduced in the 115th 

Congress by Senator Enzi (S. 1092) and Representative Biggs (H.R. 

84). On August 27, 2018, the Committee on Commerce, Science, 

and Transportation of the Senate met in open Executive Session 

and, by voice vote, ordered S. 1092, the Interstate Transport Act 

of 2018, reported favorably with an amendment (in the nature of 

a substitute). On December 11, 2018, S. 1092 was further amended 

on the floor and passed the Senate by unanimous consent. S. 542 

reflects negotiated language with bipartisan support. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 


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S. 542 would allow people to transport a knife between jurisdictions where it is legal to possess and carry such a knife if certain 

conditions are met. (That authority would not apply to people who 

are otherwise prohibited from lawfully possessing, transporting, 

shipping, or receiving knives.) 

Using information from the Department of Homeland Security, 

CBO expects that the bill would not affect federal spending related 

to transportation security or the enforcement of laws related to possessing and transporting knives. Such spending is subject to appropriation. 

S. 542 would impose an intergovernmental mandate as defined 

in the Unfunded Mandates Reform Act (UMRA) by preempting 

some state and local laws related to possessing and transporting 

knives. Laws regulating knives vary from state to state. If enacted, 

the bill would allow people to possess knives in states where they 

are illegal if the person is traveling to and from states where the 

knife is legal, so long as the knife is secured, or if the knife is a 

safety blade designed for cutting seatbelts. The costs for state and 

local governments to comply with that mandate would include the 

cost to change protocols and train law enforcement officers. CBO 

estimates the total costs for state and local governments would be 

small and would not exceed the threshold established in UMRA 

($82 million in 2019, adjusted annually for inflation). 

The CBO staff contacts for this estimate are Megan Carroll (for 

federal costs) and Jon Sperl (for mandates). The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 542, as reported, would allow millions of knife owners to legally travel with their knives across State lines for work, recreation, or other purposes. 


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ECONOMIC IMPACT

Enactment of this legislation is not expected to have a negative 

impact on the Nation’s economy. 

PRIVACY

The reported bill is not expected to impact the personal privacy 

of individuals. 

PAPERWORK

S. 542 would not create increases in paperwork burdens if enacted. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

This section would provide that the bill may be cited as the 

‘‘Interstate Transportation Act of 2019.’’ 

Section 2. Interstate transportation of knives. 

This section would federally authorize knife owners to travel by 

ground through a State that restricts knives, as long as the knife 

owners are traveling from a State in which the knives are legal to 

another State in which the knives are legal. Furthermore, this section would require that the knives be properly secured, either by 

being inaccessible from the passenger compartment or, in the case 

with no passenger compartment, by being locked in a container 

that is not a glove compartment or console. 

This requirement would not apply to emergency knives, which 

are defined as tools with blunt tipped or guarded blades for cutting 

safety belts to enable escape. Knife owners traveling by passenger 

aircraft subject to the jurisdiction of the Transportation Safety Administration are not covered by the provisions of this section. 

Section 2 also would explicitly prohibit the arrest of a knife 

owner who is in compliance with this section—absent probable 

cause that an owner is not in compliance—and would further allow 

a defendant to invoke this section to recoup costs and reasonable 

attorney’s fees and have the record expunged in any civil or criminal proceeding where the defendant is a prevailing party. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


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