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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 567 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 567

   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

                           February 25, 2015

  Mr. Enzi (for himself and Mr. Wyden) 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.

    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 
2015''.

SEC. 2. INTERSTATE TRANSPORT OF KNIVES.

    (a) Definition.--In this section, the term ``transport''--
            (1) includes staying in temporary lodging overnight, common 
        carrier misrouting or delays, stops for food, fuel, vehicle 
        maintenance, emergencies, medical treatment, and any other 
        activity related to the journey of an individual; and
            (2) does not include transport of a knife with the intent 
        to commit an offense punishable by imprisonment for a term 
        exceeding 1 year involving the use or threatened use of force 
        against another person, or with knowledge, or reasonable cause 
        to believe, that such an offense is to be committed in the 
        course of, or arising from, the journey.
    (b) Transport of Knives.--Notwithstanding any other provision of 
law, rule, or regulation of the United States, or of a State or 
political subdivision of a State, an individual who is not otherwise 
prohibited by Federal law from possessing, transporting, shipping, or 
receiving a knife may transport a knife from any State or place where 
the individual may lawfully possess, carry, or transport the knife to 
any other State or place where the individual may lawfully possess, 
carry, or transport the knife if--
            (1) in the case of transport by motor vehicle--
                    (A) the knife is not directly accessible from the 
                passenger compartment of the motor vehicle; or
                    (B) in the case of a motor vehicle without a 
                compartment separate from the passenger compartment, 
                the knife is contained in a closed--
                            (i) container;
                            (ii) glove compartment; or
                            (iii) console; or
            (2) in the case of transport by means other than a motor 
        vehicle, including any transport over land, on or through 
        water, or through the air, the knife is contained in a closed 
        container.
    (c) Emergency Knives.--
            (1) In general.--An individual--
                    (A) may carry in the passenger compartment of a 
                motor vehicle a knife or tool designed for enabling 
                escape in an emergency that incorporates a blunt tipped 
                safety blade or a guarded blade or both for cutting 
                safety belts; and
                    (B) shall not be required to secure a knife or tool 
                described in subparagraph (A) in a closed--
                            (i) container;
                            (ii) glove compartment; or
                            (iii) console.
            (2) Limitation.--This subsection shall not apply to the 
        transport of a knife or tool in the passenger cabin of an 
        aircraft whose passengers are subject to airport screening 
        procedures of the Transportation Security Administration.
    (d) No Arrest or Detention.--An individual who is transporting a 
knife in compliance with this section may not be arrested or otherwise 
detained for violation of any law, rule, or regulation of a State or 
political subdivision of a State related to the possession, transport, 
or carrying of a knife, unless there is probable cause to believe that 
the individual is not in compliance with subsection (b).
    (e) Claim or Defense.--An individual may assert this section as a 
claim or defense in any civil or criminal action or proceeding. When an 
individual asserts this section as a claim or defense in a criminal 
proceeding, the State or political subdivision shall have the burden of 
proving, beyond a reasonable doubt, that the individual was not in 
compliance with subsection (b).
    (f) 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 provided for in this section, shall 
        be liable to the individual so deprived in an action at law or 
        equity, or other proper proceeding for redress.
            (2) Attorney's fees.--
                    (A) In general.--If an individual asserts this 
                section as a claim or defense, the court shall award to 
                the prevailing party, as described in subparagraph (B), 
                reasonable attorney's fees.
                    (B) Prevailing party.--A prevailing party described 
                in this subparagraph--
                            (i) includes a 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; and
                            (ii) does not include a State or political 
                        subdivision of a State, or an employee or 
                        representative of a State or political 
                        subdivision of a State.
    (g) Rule of Construction.--Nothing in this section shall be 
construed to limit any right to possess, carry, or transport a knife 
under applicable State law.
                                 <all>
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