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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5358 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Knife Owners' Protection Act of 
2024''.

SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.

    (a) Definitions.--As used in this section--
            (1) the term ``State'' means any of the 50 States, the 
        District of Columbia, American Samoa, Guam, Puerto Rico, the 
        Northern Mariana Islands, the Virgin Islands of the United 
        States, and any other territory of the United States; and
            (2) the term ``transport''--
                    (A) includes staying in temporary lodging 
                overnight, common carrier misrouting or delays, stops 
                for food, fuel, vehicle maintenance, emergencies, 
                medical treatment, and all other activity related to 
                the overall journey of the individual; and
                    (B) does not include any transportation of 1 or 
                more knives with the intent to commit any offense 
                punishable by imprisonment for a term exceeding 1 year 
                involving the use or threatened use of force against 
                another, or with knowledge, or reasonable cause to 
                believe, that such an offense is to be committed in the 
                course of, or arising from, such journey.
    (b) Requirements.--Notwithstanding any provision of any law or any 
rule or regulation of the United States, or of a State or any political 
subdivision of a State, any individual who is not otherwise prohibited 
by Federal law from possessing, transporting, shipping, or receiving a 
knife or knives shall be entitled to transport a knife or knives from 
any place where the individual may lawfully possess, carry, or 
transport such a knife or knives to any other place where the 
individual may lawfully possess, carry, or transport such a knife or 
knives if--
            (1) in the case of transportation by motor vehicle, the 
        knife is, or the knives are, not directly accessible from the 
        passenger compartment of the transporting motor vehicle, or, in 
        the case of a motor vehicle without a compartment separate from 
        the passenger compartment, the knife is, or the knives are, 
        contained in a locked container, locked glove compartment, or 
        locked console;
            (2) in the case of transportation by air, the knife is, or 
        the knives are, contained in a locked container and are not in 
        the passenger cabin of the aircraft; or
            (3) in the case of transportation by other means (including 
        any conveyance over land, or on or through water), the knife 
        is, or the knives are, contained in a locked container.
    (c) Emergency Knives.--
            (1) In general.--Subject to paragraph (2), any knife or 
        tool designed for enabling escape in an emergency incorporating 
        a blunt tipped safety blade, a guarded blade, or both, for 
        cutting safety belts--
                    (A) may be carried in the passenger compartment of 
                a transporting motor vehicle; and
                    (B) shall not be required to be secured in a locked 
                container, locked glove compartment, or locked console.
            (2) Exception.--This subsection shall not apply to the 
        transport of any knife or tool described in paragraph (1) in 
        the passenger cabin of an aircraft the passengers of which are 
        subject to airport screening procedures of the Transportation 
        Security Administration.
    (d) Temporary Lodging.--Subject to the requirements under 
subsection (b), a knife or knives may be kept accessible in any form of 
temporary lodging overnight, as described in subsection (a)(2)(A).
    (e) No Arrest or Detention.--An individual who is transporting a 
knife or knives in compliance with this section may not be arrested or 
otherwise detained for violation of any law or any rule or regulation 
of a State or any political subdivision of a State related to the 
possession, transportation, or carrying of knives, unless there is 
probable cause to believe that the individual is in violation of 1 or 
more of the requirements under subsection (b).
    (f) Claim or Defense.--
            (1) In general.--An individual may assert this section as a 
        claim or defense in any civil or criminal action or proceeding.
            (2) Burden of proof.--If an individual asserts this section 
        as a claim or defense in a criminal proceeding, the relevant 
        State or political subdivision shall bear the burden of 
        proving, beyond a reasonable doubt, that the individual was not 
        in compliance with the requirements under subsection (b).
    (g) Right of Action.--
            (1) In general.--Any individual who, under color of any 
        statute, ordinance, regulation, custom, or usage, of any State 
        or political subdivision of a State, subjects, or causes to be 
        subjected, any individual to the deprivation of the rights, 
        privileges, or immunities set forth in this section, shall be 
        liable to the individual so deprived in an action at law, suit 
        in equity, or other proper proceeding for redress.
            (2) Attorney's fees.--When an individual asserts this 
        section as a claim or defense, the court shall award the 
        prevailing party (including any party who receives a favorable 
        resolution through a decision by a court, settlement of a 
        claim, withdrawal of criminal charges, or change of a statute 
        or regulation), other than a State or any political subdivision 
        of a State or its employees or representatives, a reasonable 
        attorney's fee.
    (h) Rule of Construction.--Nothing in this section shall be 
construed in any way--
            (1) to limit any right to possess, carry, or transport a 
        knife or knives under applicable State law; or
            (2) to impose additional restrictions or requirements on 
        interstate travel by air with a knife or knives.
                                 <all>
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