I 

113TH CONGRESS 

1ST SESSION H. R. 3478 

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

notwithstanding a patchwork of local and State prohibitions. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2013 

Mr. SALMON (for himself, Mr. FRANKS of Arizona, Mr. GOSAR, Mr. MASSIE, 

Mr. DESJARLAIS, Mr. SCHWEIKERT, Mr. BENTIVOLIO, and Mr. STOCKMAN) introduced the following bill; which was referred to the Committee 

on the Judiciary 

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 2013’’. 

6 SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. 

7 (a) IN GENERAL.—Notwithstanding any provision of 

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

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


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1 person who is not otherwise prohibited by Federal law 

2 from possessing, transporting, shipping, or receiving a 

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

4 knives from any place where such person may lawfully pos5 sess, carry or transport such a knife or knives to any other 

6 place where such person may lawfully possess, carry or 

7 transport such a knife or knives if— 

8 (1) in the case of transportation by motor vehi9 cle, the knife or knives are not directly accessible 

10 from the passenger compartment of such trans11 porting vehicle, or, in the case of a motor vehicle 

12 without a compartment separate from the passenger 

13 compartment, the knife or knives shall be contained 

14 in a locked container, glove compartment, or console; 

15 or 

16 (2) in the case of transportation by other 

17 means (including any conveyance over land, on or 

18 through water, or through the air), the knife or 

19 knives are contained in a locked container. 

20 (b) EMERGENCY KNIVES.—Any knife or tool de21 signed for enabling escape in an emergency incorporating 

22 a blunt tipped safety blade, a guarded blade, or both, for 

23 cutting safety belts may be carried in the passenger com24 partment and need not be secured in a locked container, 

25 glove compartment, or console. This subsection shall not 


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1 apply to the transport of any such knife or tool in the 

2 passenger cabin of aircraft whose passengers are subject 

3 to airport screening procedures of the Transportation Se4 curity Administration. 

5 (c) NO ARREST OR DETENTION.—A person who is 

6 transporting a knife or knives in compliance with this sec7 tion may not be arrested or otherwise detained for viola8 tion of any law or any rule or regulation of a State or 

9 any political subdivision of a State related to the posses10 sion, transportation, or carrying of knives, unless there is 

11 probable cause to believe that the person is not in compli12 ance with at least one of the requirements of subsection 

13 (a). 

14 (d) CLAIM OR DEFENSE.—A person may assert this 

15 section as a claim or defense in any action or proceeding, 

16 civil or criminal. When a person asserts this section as 

17 a claim or defense in a criminal proceeding, the State or 

18 political subdivision shall bear the burden of proving, be19 yond a reasonable doubt, that the person was not in com20 pliance with subsection (a). 

21 (e) RIGHT OF ACTION.—Any person who, under color 

22 of any statute, ordinance, regulation, custom, or usage, 

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

24 or causes to be subjected, any person to the deprivation 

25 of the rights, privileges, or immunities set forth in this 


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1 section, shall be liable to the person so deprived in an ac2 tion at law, suit in equity, or other proper proceeding for 

3 redress. When a person asserts this section as a claim or 

4 defense, the court shall award the prevailing party (includ5 ing any party who receives a favorable resolution through 

6 a decision by a court, settlement of a claim, withdrawal 

7 of criminal charges, or change of a statute or regulation), 

8 other than a State or any political subdivision of a State 

9 or its employees or representatives, a reasonable attorneys’ 

10 fee. 

11 (f) DEFINITION.—As used in this section, the term 

12 ‘‘transport’’ includes staying in temporary lodging over13 night, common carrier misrouting or delays, stops for 

14 food, fuel, vehicle maintenance, emergencies, medical 

15 treatment, and all other activity related to the person’s 

16 overall journey. The term shall not include any transpor17 tation of a knife or knives with the intent to commit any 

18 offense punishable by imprisonment for a term exceeding 

19 one year involving the use or threatened use of force 

20 against another, or with knowledge, or reasonable cause 

21 to believe, that such an offense is to be committed in the 

22 course of, or arising from, such journey. Within any form 

23 of temporary lodging, a knife or knives may be accessible. 

24 (g) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed in any way to limit any right to 


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1 possess, carry, or transport a knife or knives under appli2 cable State law. 

Æ 


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