II 

Calendar No. 560 

115TH CONGRESS 

2D SESSION S. 1092 

[Report No. 115–327] 

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

notwithstanding a patchwork of local and State prohibitions. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2017 

Mr. ENZI (for himself, Mr. WYDEN, Mr. DAINES, Mr. HEINRICH, Mr. RISCH, 

Mr. MANCHIN, Mr. MERKLEY, Mr. CRAPO, Mr. UDALL, Mr. LEE, and 

Ms. BALDWIN) introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

AUGUST 27, 2018 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Act of 2017’’. 

4 SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. 

5 (a) TRANSPORT OF KNIVES.—Notwithstanding any 

6 other provision of any law or any rule or regulation of 

7 a State or any political subdivision thereof, any person 

8 who is not otherwise prohibited by any Federal law, rule, 

9 or regulation from transporting, shipping, or receiving a 

10 knife shall be entitled to transport a knife for any lawful 

11 purpose from any place where the person may lawfully 

12 possess and carry such knife to any other place where the 

13 person may lawfully possess and carry such knife if— 

14 (1) in the case of a mode of transportation sub15 ject to rules and regulations of the Transportation 

16 Security Administration or the Coast Guard, the in17 dividual complies with all applicable rules and regu18 lations of the Transportation Security Administra19 tion or the Coast Guard, respectively; and 

20 (2) in the case of a mode of transportation not 

21 subject to rules and regulations of the Transpor22 tation Security Administration or the Coast Guard, 

23 during such transportation, any such knife that is 

24 being transported and that is not legal for the per25 son to possess in a jurisdiction through which the 

26 person is traveling— 


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1 (A) is not readily accessible or directly ac2 cessible from the passenger compartment of the 

3 mode of transportation; or 

4 (B) in the case of a mode of transportation 

5 without a compartment separate from the pas6 senger compartment, is contained in a locked 

7 container other than the glove compartment or 

8 console. 

9 (b) EMERGENCY KNIVES.— 

10 (1) IN GENERAL.—An individual— 

11 (A) may carry in the passenger compart12 ment of a mode of transportation a knife or 

13 tool— 

14 (i) the blades of which consist only of 

15 a blunt tipped safety blade, a guarded 

16 blade, or both; and 

17 (ii) that is specifically designed for en18 abling escape in an emergency by cutting 

19 safety belts; and 

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

21 or tool described in subparagraph (A) in any 

22 locked container. 

23 (2) LIMITATION.—This subsection shall not 

24 apply to the transport of a knife or tool by a mode 

25 of transportation that is subject to rules and regulaVerDate Sep 11 2014 22:22 Aug 27, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1092.RS S1092

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1 tions of the Transportation Security Administration 

2 or the Coast Guard. 

3 (c) NO ARREST OR DETENTION.—An individual who 

4 is transporting a knife in compliance with this section may 

5 not be arrested or otherwise detained for violation of any 

6 law, rule, or regulation of a State or political subdivision 

7 of a State related to the possession, transport, or carrying 

8 of a knife, unless there is probable cause to believe that 

9 the individual is not in compliance with subsection (a). 

10 (d) CLAIM OR DEFENSE.—An individual may assert 

11 this section as a claim or defense in any civil or criminal 

12 action or proceeding. When an individual asserts this sec13 tion as a claim or defense in a criminal proceeding, the 

14 State or political subdivision shall have the burden of prov15 ing, beyond a reasonable doubt, that the individual was 

16 not in compliance with subsection (a). 

17 (e) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed to limit any right to possess, carry, 

19 or transport a knife under applicable State law. 

20 SECTION 1. SHORT TITLE. 

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

22 of 2018’’. 

23 SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. 

24 (a) DEFINITION.—In this Act, the term ‘‘transport’’— 


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1 (1) includes staying in temporary lodging over2 night, common carrier misrouting or delays, stops for 

3 food, fuel, vehicle maintenance, emergencies, medical 

4 treatment, and any other activity related to the jour5 ney of a person; and 

6 (2) does not include transport of a knife with the 

7 intent to commit an offense punishable by imprison8 ment for a term exceeding 1 year involving the use 

9 or threatened use of force against another person, or 

10 with knowledge, or reasonable cause to believe, that 

11 such an offense is to be committed in the course of, 

12 or arising from, the journey. 

13 (b) TRANSPORT OF KNIVES.— 

14 (1) IN GENERAL.—Notwithstanding any other 

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

16 State or any political subdivision thereof, a person 

17 who is not otherwise prohibited by any Federal law 

18 from possessing, transporting, shipping, or receiving 

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

20 lawful purpose from any place where the person may 

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

22 other place where the person may lawfully possess, 

23 carry, or transport the knife if— 

24 (A) in the case of transport by motor vehi25 cle— 


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1 (i) the knife is not directly accessible 

2 from the passenger compartment of the 

3 motor vehicle; or 

4 (ii) in the case of a motor vehicle with5 out a compartment separate from the pas6 senger compartment, is contained in a 

7 locked container other than the glove com8 partment or console; and 

9 (B) in the case of transport by means other 

10 than a motor vehicle, including any transport 

11 over land or on or through water, the knife is 

12 contained in a 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 regula16 tions of the Transportation Security Administration. 

17 (c) EMERGENCY KNIVES.— 

18 (1) IN GENERAL.—A person— 

19 (A) may carry in the passenger compart20 ment of a mode of transportation a knife or 

21 tool— 

22 (i) the blades of which consist only of 

23 a blunt tipped safety blade, a guarded 

24 blade, or both; and 


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1 (ii) that is specifically designed for en2 abling escape in an emergency by cutting 

3 safety belts; and 

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

5 or tool described in subparagraph (A) in a locked 

6 container. 

7 (2) LIMITATION.—This subsection shall not 

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

9 of a passenger aircraft subject to the rules and regula10 tions of the Transportation Security Administration. 

11 (d) NO ARREST OR DETENTION.—A person who is 

12 transporting a knife in compliance with this section may 

13 not be arrested or otherwise detained for violation of any 

14 law, rule, or regulation of a State or political subdivision 

15 of a State related to the possession, transport, or carrying 

16 of a knife, unless there is probable cause to believe that the 

17 person is not in compliance with subsection (b). 

18 (e) CLAIM OR DEFENSE.—A person may assert this 

19 section as a claim or defense in a civil or criminal action 

20 or proceeding. When a person asserts this section as a claim 

21 or defense in a criminal proceeding, the State or political 

22 subdivision shall have the burden of proving, beyond a rea23 sonable doubt, that the person was not in compliance with 

24 subsection (b). 


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1 (f) RULE OF CONSTRUCTION.—Nothing in this section 

2 shall be construed to limit any right to possess, carry, or 

3 transport a knife under applicable State law. 


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Calendar No. 560 

115TH CONGRESS 

2D SESSION S. 1092 

[Report No. 115–327] 

A BILL 

To protect the right of law-abiding citizens to 

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

AUGUST 27, 2018 

Reported with an amendment 


sradovich on DSK3GMQ082PROD with BILLS