II 

113TH CONGRESS 

2D SESSION S. 1955 

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 

JANUARY 16, 2014 

Mr. ENZI (for himself and Mr. LEE) 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 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Knife Owners’ Protec5 tion Act of 2014’’. 

6 SEC. 2. INTERSTATE TRANSPORT OF KNIVES. 

7 (a) DEFINITION.—In this section, the term ‘‘trans8 port’’— 


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

3 for food, fuel, vehicle maintenance, emergencies, 

4 medical treatment, and any other activity related to 

5 the journey of an individual; and 

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

7 the intent to commit an offense punishable by im8 prisonment for a term exceeding 1 year involving the 

9 use or threatened use of force against another per10 son, or with knowledge, or reasonable cause to be11 lieve, that such an offense is to be committed in the 

12 course of, or arising from, the journey. 

13 (b) TRANSPORT OF KNIVES.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, rule, or regulation of the United 

16 States, or of a State or political subdivision of a 

17 State, an individual who is not otherwise prohibited 

18 by Federal law from possessing, transporting, ship19 ping, or receiving a knife may transport a knife from 

20 any State or place where the individual may lawfully 

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

22 State or place where the individual may lawfully pos23 sess, carry, or transport the knife if— 

24 (A) in the case of transport by motor vehi25 cle, the knife is not directly accessible from the 


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1 passenger compartment of the motor vehicle, or, 

2 in the case of a motor vehicle without a com3 partment separate from the passenger compart4 ment, the knife is contained in a locked con5 tainer, glove compartment, or console; or 

6 (B) in the case of transport by means 

7 other than a motor vehicle, including any trans8 port over land, on or through water, or through 

9 the air, the knife is contained in a locked con10 tainer. 

11 (2) TEMPORARY LODGING.—An individual 

12 transporting a knife in accordance with paragraph 

13 (1) may have a knife accessible while staying in any 

14 form of temporary lodging. 

15 (c) EMERGENCY KNIVES.— 

16 (1) IN GENERAL.—An individual— 

17 (A) may carry in the passenger compart18 ment of a motor vehicle a knife or tool designed 

19 for enabling escape in an emergency that incor20 porates a blunt tipped safety blade or a guard21 ed blade or both for cutting safety belts; and 

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

23 or tool described in subparagraph (A) in a 

24 locked container, glove compartment, or con25 sole. 


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1 (2) LIMITATION.—This subsection shall not 

2 apply to the transport of a knife or tool in the pas3 senger cabin of an aircraft whose passengers are 

4 subject to airport screening procedures of the Trans5 portation Security Administration. 

6 (d) NO ARREST OR DETENTION.—An individual who 

7 is transporting a knife in compliance with this section may 

8 not be arrested or otherwise detained for violation of any 

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

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

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

12 the individual is not in compliance with subsection (b). 

13 (e) CLAIM OR DEFENSE.—An individual may assert 

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

15 action or proceeding. When an individual asserts this sec16 tion as a claim or defense in a criminal proceeding, the 

17 State or political subdivision has the burden of proving, 

18 beyond a reasonable doubt, that the individual was not in 

19 compliance with subsection (b). 

20 (f) RIGHT OF ACTION.— 

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

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

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

24 State, subjects, or causes to be subjected, any indi25 vidual to the deprivation of the rights, privileges, or 


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1 immunities provided for in this section, shall be lia2 ble to the individual so deprived in an action at law 

3 or equity, or other proper proceeding for redress. 

4 (2) ATTORNEY’S FEES.— 

5 (A) IN GENERAL.—If an individual asserts 

6 this section as a claim or defense, the court 

7 shall award to the prevailing party, as described 

8 in subparagraph (B), reasonable attorney’s fees. 

9 (B) PREVAILING PARTY.—A prevailing 

10 party described in this subparagraph— 

11 (i) includes a party who receives a fa12 vorable resolution through a decision by a 

13 court, settlement of a claim, withdrawal of 

14 criminal charges, or change of a statute or 

15 regulation; and 

16 (ii) does not include a State or polit17 ical subdivision of a State, or an employee 

18 or representative of a State or political 

19 subdivision of a State. 

20 (g) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to limit any right to possess, carry, 

22 or transport a knife under applicable State law. 

Æ 


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