II 

118TH CONGRESS 

2D SESSION S. 5358 

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

notwithstanding a patchwork of State and local prohibitions that burden 

citizens. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 20, 2024 

Mr. LEE (for himself, Mr. RISCH, and Mr. CASSIDY) 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 State 

and local prohibitions that burden citizens. 

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 2024’’. 

6 SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. 

7 (a) DEFINITIONS.—As used in this section— 

8 (1) the term ‘‘State’’ means any of the 50 

9 States, the District of Columbia, American Samoa, 


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1 Guam, Puerto Rico, the Northern Mariana Islands, 

2 the Virgin Islands of the United States, and any 

3 other territory of the United States; and 

4 (2) the term ‘‘transport’’— 

5 (A) includes staying in temporary lodging 

6 overnight, common carrier misrouting or delays, 

7 stops for food, fuel, vehicle maintenance, emer8 gencies, medical treatment, and all other activ9 ity related to the overall journey of the indi10 vidual; and 

11 (B) does not include any transportation of 

12 1 or more knives with the intent to commit any 

13 offense punishable by imprisonment for a term 

14 exceeding 1 year involving the use or threatened 

15 use of force against another, or with knowledge, 

16 or reasonable cause to believe, that such an of17 fense is to be committed in the course of, or 

18 arising from, such journey. 

19 (b) REQUIREMENTS.—Notwithstanding any provision 

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

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

22 individual who is not otherwise prohibited by Federal law 

23 from possessing, transporting, shipping, or receiving a 

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

25 knives from any place where the individual may lawfully 


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1 possess, carry, or transport such a knife or knives to any 

2 other place where the individual may lawfully possess, 

3 carry, or transport such a knife or knives if— 

4 (1) in the case of transportation by motor vehi5 cle, the knife is, or the knives are, not directly acces6 sible from the passenger compartment of the trans7 porting motor vehicle, or, in the case of a motor ve8 hicle without a compartment separate from the pas9 senger compartment, the knife is, or the knives are, 

10 contained in a locked container, locked glove com11 partment, or locked console; 

12 (2) in the case of transportation by air, the 

13 knife is, or the knives are, contained in a locked con14 tainer and are not in the passenger cabin of the air15 craft; or 

16 (3) in the case of transportation by other 

17 means (including any conveyance over land, or on or 

18 through water), the knife is, or the knives are, con19 tained in a locked container. 

20 (c) EMERGENCY KNIVES.— 

21 (1) IN GENERAL.—Subject to paragraph (2), 

22 any knife or tool designed for enabling escape in an 

23 emergency incorporating a blunt tipped safety blade, 

24 a guarded blade, or both, for cutting safety belts— 


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1 (A) may be carried in the passenger com2 partment of a transporting motor vehicle; and 

3 (B) shall not be required to be secured in 

4 a locked container, locked glove compartment, 

5 or locked console. 

6 (2) EXCEPTION.—This subsection shall not 

7 apply to the transport of any knife or tool described 

8 in paragraph (1) in the passenger cabin of an air9 craft the passengers of which are subject to airport 

10 screening procedures of the Transportation Security 

11 Administration. 

12 (d) TEMPORARY LODGING.—Subject to the require13 ments under subsection (b), a knife or knives may be kept 

14 accessible in any form of temporary lodging overnight, as 

15 described in subsection (a)(2)(A). 

16 (e) NO ARREST OR DETENTION.—An individual who 

17 is transporting a knife or knives in compliance with this 

18 section may not be arrested or otherwise detained for vio19 lation of any law or any rule or regulation of a State or 

20 any political subdivision of a State related to the posses21 sion, transportation, or carrying of knives, unless there is 

22 probable cause to believe that the individual is in violation 

23 of 1 or more of the requirements under subsection (b). 

24 (f) CLAIM OR DEFENSE.— 


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1 (1) IN GENERAL.—An individual may assert 

2 this section as a claim or defense in any civil or 

3 criminal action or proceeding. 

4 (2) BURDEN OF PROOF.—If an individual as5 serts this section as a claim or defense in a criminal 

6 proceeding, the relevant State or political subdivision 

7 shall bear the burden of proving, beyond a reason8 able doubt, that the individual was not in compliance 

9 with the requirements under subsection (b). 

10 (g) RIGHT OF ACTION.— 

11 (1) IN GENERAL.—Any individual who, under 

12 color of any statute, ordinance, regulation, custom, 

13 or usage, of any State or political subdivision of a 

14 State, subjects, or causes to be subjected, any indi15 vidual to the deprivation of the rights, privileges, or 

16 immunities set forth in this section, shall be liable 

17 to the individual so deprived in an action at law, suit 

18 in equity, or other proper proceeding for redress. 

19 (2) ATTORNEY’S FEES.—When an individual 

20 asserts this section as a claim or defense, the court 

21 shall award the prevailing party (including any party 

22 who receives a favorable resolution through a deci23 sion by a court, settlement of a claim, withdrawal of 

24 criminal charges, or change of a statute or regula25 tion), other than a State or any political subdivision 


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1 of a State or its employees or representatives, a rea2 sonable attorney’s fee. 

3 (h) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed in any way— 

5 (1) to limit any right to possess, carry, or 

6 transport a knife or knives under applicable State 

7 law; or 

8 (2) to impose additional restrictions or require9 ments on interstate travel by air with a knife or 

10 knives. 

Æ 


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