II 

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. 

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 2015’’. 

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.—Notwithstanding any 

14 other provision of law, rule, or regulation of the United 

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

16 an individual who is not otherwise prohibited by Federal 

17 law from possessing, transporting, shipping, or receiving 

18 a knife may transport a knife from any State or place 

19 where the individual may lawfully possess, carry, or trans20 port the knife to any other State or place where the indi21 vidual may lawfully possess, carry, or transport the knife 

22 if— 

23 (1) in the case of transport by motor vehicle— 

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1 (A) the knife is not directly accessible from 

2 the passenger compartment of the motor vehi3 cle; or 

4 (B) in the case of a motor vehicle without 

5 a compartment separate from the passenger 

6 compartment, the knife is contained in a 

7 closed— 

8 (i) container; 

9 (ii) glove compartment; or 

10 (iii) console; or 

11 (2) in the case of transport by means other 

12 than a motor vehicle, including any transport over 

13 land, on or through water, or through the air, the 

14 knife is contained in a closed container. 

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 closed— 

25 (i) container; 

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1 (ii) glove compartment; or 

2 (iii) console. 

3 (2) LIMITATION.—This subsection shall not 

4 apply to the transport of a knife or tool in the pas5 senger cabin of an aircraft whose passengers are 

6 subject to airport screening procedures of the Trans7 portation Security Administration. 

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

9 is transporting a knife in compliance with this section may 

10 not be arrested or otherwise detained for violation of any 

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

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

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

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

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

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

17 action or proceeding. When an individual asserts this sec18 tion as a claim or defense in a criminal proceeding, the 

19 State or political subdivision shall have the burden of prov20 ing, beyond a reasonable doubt, that the individual was 

21 not in compliance with subsection (b). 

22 (f) RIGHT OF ACTION.— 

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

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

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

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1 State, subjects, or causes to be subjected, any indi2 vidual to the deprivation of the rights, privileges, or 

3 immunities provided for in this section, shall be lia4 ble to the individual so deprived in an action at law 

5 or equity, or other proper proceeding for redress. 

6 (2) ATTORNEY’S FEES.— 

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

8 this section as a claim or defense, the court 

9 shall award to the prevailing party, as described 

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

11 (B) PREVAILING PARTY.—A prevailing 

12 party described in this subparagraph— 

13 (i) includes a party who receives a fa14 vorable resolution through a decision by a 

15 court, settlement of a claim, withdrawal of 

16 criminal charges, or change of a statute or 

17 regulation; and 

18 (ii) does not include a State or polit19 ical subdivision of a State, or an employee 

20 or representative of a State or political 

21 subdivision of a State. 

22 (g) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to limit any right to possess, carry, 

24 or transport a knife under applicable State law. 

Æ 

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