115TH CONGRESS 

2D SESSION S. 1092 

AN ACT 

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, 
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†S 1092 ES

1 SECTION 1. SHORT TITLE. 

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

3 Act of 2018’’. 

4 SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. 

5 (a) DEFINITION.—In this Act, the term ‘‘trans6 port’’— 

7 (1) includes staying in temporary lodging over8 night, common carrier misrouting or delays, stops 

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

10 medical treatment, and any other activity related to 

11 the journey of a person; and 

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

13 the intent to commit an offense punishable by im14 prisonment for a term exceeding 1 year involving the 

15 use or threatened use of force against another per16 son, or with knowledge, or reasonable cause to be17 lieve, that such an offense is to be committed in the 

18 course of, or arising from, the journey. 

19 (b) TRANSPORT OF KNIVES.— 

20 (1) IN GENERAL.—Notwithstanding any other 

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

22 State or any political subdivision thereof, a person 

23 who is not otherwise prohibited by any Federal law 

24 from possessing, transporting, shipping, or receiving 

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

26 lawful purpose from any place where the person may 
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†S 1092 ES

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

2 other place where the person may lawfully possess, 

3 carry, or transport the knife if— 

4 (A) in the case of transport by motor vehi5 cle, the knife— 

6 (i) is not directly accessible from the 

7 passenger compartment of the motor vehi8 cle; or 

9 (ii) in the case of a motor vehicle 

10 without a compartment separate from the 

11 passenger compartment, is contained in a 

12 locked container other than the glove com13 partment or console; and 

14 (B) in the case of transport by means 

15 other than a motor vehicle, including any trans16 port over land or on or through water, the knife 

17 is contained in a locked container. 

18 (2) LIMITATION.—This subsection shall not 

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

20 of a passenger aircraft subject to the rules and regu21 lations of the Transportation Security Administra22 tion. 

23 (c) EMERGENCY KNIVES.— 

24 (1) IN GENERAL.—A person— 
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†S 1092 ES

1 (A) may carry in the passenger compart2 ment of a mode of transportation a knife or 

3 tool— 

4 (i) the blades of which consist only of 

5 a blunt tipped safety blade, a guarded 

6 blade, or both; and 

7 (ii) that is specifically designed for en8 abling escape in an emergency by cutting 

9 safety belts; and 

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

11 or tool described in subparagraph (A) in a 

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

19 knife in compliance with this section may not be arrested 

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

21 political subdivision of a State related to the possession, 

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

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

24 subsection (b). 
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1 (e) COSTS.—If a person who asserts this section as 

2 a claim or defense in a civil or criminal action or pro3 ceeding is a prevailing party on the claim or defense, the 

4 court shall award costs and reasonable attorney’s fees in5 curred by the person. 

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

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

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

9 enter an order that directs that there be expunged from 

10 all official records all references to— 

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

12 to which the claim or defense was asserted; 

13 (2) the institution of any criminal proceedings 

14 against the person relating to such offense; and 

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

16 (g) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to limit any right to possess, carry, 

18 or transport a knife under applicable State law. 

Passed the Senate December 11, 2018. 

Attest: 

Secretary. 
115TH CONGRESS 

2D SESSION S. 1092 

AN ACT 

To protect the right of law-abiding citizens to 

patchwork of local and State prohibitions. transport knives interstate, notwithstanding a