Interstate Transport Act of 2017

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Transport Act of 2018''.

SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.

    (a) Definition.--In this Act, the term ``transport''--
            (1) includes staying in temporary lodging overnight, common 
        carrier misrouting or delays, stops for food, fuel, vehicle 
        maintenance, emergencies, or medical treatment, and any other 
        activity related to the journey of a person; 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.--
            (1) In general.--Notwithstanding any other provision of any 
        law or any rule or regulation of a State or any political 
        subdivision thereof, a person who is not otherwise prohibited 
        by any Federal law from possessing, transporting, shipping, or 
        receiving a knife shall be entitled to transport a knife for 
        any lawful purpose from any place where the person may lawfully 
        possess, carry, or transport the knife to any other place where 
        the person may lawfully possess, carry, or transport the knife 
        if--
                    (A) in the case of transport by motor vehicle, the 
                knife--
                            (i) is not directly accessible from the 
                        passenger compartment of the motor vehicle; or
                            (ii) in the case of a motor vehicle without 
                        a compartment separate from the passenger 
                        compartment, is contained in a locked container 
                        other than the glove compartment or console; 
                        and
                    (B) in the case of transport by means other than a 
                motor vehicle, including any transport over land or on 
                or through water, the knife is contained in a locked 
                container.
            (2) Limitation.--This subsection shall not apply to the 
        transport of a knife or tool in the cabin of a passenger 
        aircraft subject to the rules and regulations of the 
        Transportation Security Administration.
    (c) Emergency Knives.--
            (1) In general.--A person--
                    (A) may carry in the passenger compartment of a 
                mode of transportation a knife or tool--
                            (i) the blades of which consist only of a 
                        blunt tipped safety blade, a guarded blade, or 
                        both; and
                            (ii) that is specifically designed for 
                        enabling escape in an emergency by cutting 
                        safety belts; and
                    (B) shall not be required to secure a knife or tool 
                described in subparagraph (A) in a locked container.
            (2) Limitation.--This subsection shall not apply to the 
        transport of a knife or tool in the cabin of a passenger 
        aircraft subject to the rules and regulations of the 
        Transportation Security Administration.
    (d) No Arrest.--A person who is transporting a knife in compliance 
with this section may not be arrested 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 person is not in compliance with 
subsection (b).
    (e) Costs.--If a person who asserts this section as a claim or 
defense in a civil or criminal action or proceeding is a prevailing 
party on the claim or defense, the court shall award costs and 
reasonable attorney's fees incurred by the person.
    (f) Expungement.--If a person who asserts this section as a claim 
or defense in a criminal proceeding is a prevailing party on the claim 
or defense, the court shall enter an order that directs that there be 
expunged from all official records all references to--
            (1) the arrest of the person for the offense as to which 
        the claim or defense was asserted;
            (2) the institution of any criminal proceedings against the 
        person relating to such offense; and
            (3) the results of the proceedings, if any.
    (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.

            Passed the Senate December 11, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 1092

_______________________________________________________________________

                                 AN ACT

   To protect the right of law-abiding citizens to transport knives 
      interstate, notwithstanding a patchwork of local and State 
                             prohibitions.

Summary:  Interstate Transport Act of 2017 This bill permits an individual to transport a knife for any lawful purpose between two places (e.g., states) where it is legal to possess and carry such knife. The individual must comply with specified requirements.  The bill prohibits the arrest or detention of an individual for a knife violation unless there is probable cause to believe the individual failed to comply with specified requirements. An individual may assert compliance with this bill's requirements as a claim or defense in any civil or criminal action or proceeding.