Knife Owners’ Protection Act of 2021
Bill: H.R.60 | Sponsor: Rep. Biggs, Andy (R-AZ)
Policy area: Crime and Law Enforcement

Summary:
Knife Owners' Protection Act of 2021
This bill permits an individual to transport a knife between two places (e.g., states) where knife possession, carry, or transport is legal. The knife must be securely stored during transport, unless it is an emergency knife designed to cut seat belts.
An individual who is transporting a knife in compliance with this bill may not be arrested or detained for a knife violation unless there is probable cause to believe the individual failed to securely store the knife during transport. An individual may assert compliance with this bill as a claim or defense in any civil or criminal proceeding.
The bill repeals provisions, commonly known as the Federal Switchblade Act, that prohibit the introduction of switchblade knives into interstate commerce. It also repeals the Ballistic Knife Prohibition Act of 1986, which prohibits the possession, manufacture, sale, or importation of a ballistic knife.
Finally, it eliminates two criminal provisions—one that restricts the mailability of switchblade knives, and one that restricts the mailability of ballistic knives.

To protect the right of law-abiding citizens to transport knives 
      interstate, notwithstanding a patchwork of local and State 
 prohibitions, and to repeal Federal provisions related to switchblade 
                     knives which burden citizens.

    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 
2021''.

SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.

    (a) In General.--Notwithstanding any provision of any law or any 
rule or regulation of the United States, or of a State or any political 
subdivision of a State, any person who is not otherwise prohibited by 
Federal law from possessing, transporting, shipping, or receiving a 
knife or knives shall be entitled to transport a knife or knives from 
any place where such person may lawfully possess, carry or transport 
such a knife or knives to any other place where such person may 
lawfully possess, carry or transport such a knife or knives if--
            (1) in the case of transportation by motor vehicle, the 
        knife or knives are not directly accessible from the passenger 
        compartment of such transporting vehicle, or, in the case of a 
        motor vehicle without a compartment separate from the passenger 
        compartment, the knife or knives shall be contained in a locked 
        container, glove compartment, or console; or
            (2) in the case of transportation by other means (including 
        any conveyance over land, on or through water, or through the 
        air), the knife or knives are contained in a locked container.
    (b) Emergency Knives.--Any knife or tool designed for enabling 
escape in an emergency incorporating a blunt tipped safety blade, a 
guarded blade, or both, for cutting safety belts may be carried in the 
passenger compartment and need not be secured in a locked container, 
glove compartment, or console. This subsection shall not apply to the 
transport of any such knife or tool in the passenger cabin of aircraft 
whose passengers are subject to airport screening procedures of the 
Transportation Security Administration.
    (c) No Arrest or Detention.--A person who is transporting a knife 
or knives in compliance with this section may not be arrested or 
otherwise detained for violation of any law or any rule or regulation 
of a State or any political subdivision of a State related to the 
possession, transportation, or carrying of knives, unless there is 
probable cause to believe that the person is not in compliance with at 
least one of the requirements of subsection (a).
    (d) Claim or Defense.--A person may assert this section as a claim 
or defense in any action or proceeding, civil or criminal. When a 
person asserts this section as a claim or defense in a criminal 
proceeding, the State or political subdivision shall bear the burden of 
proving, beyond a reasonable doubt, that the person was not in 
compliance with subsection (a).
    (e) Right of Action.--Any person 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 person 
to the deprivation of the rights, privileges, or immunities set forth 
in this section, shall be liable to the person so deprived in an action 
at law, suit in equity, or other proper proceeding for redress. When a 
person asserts this section as a claim or defense, the court shall 
award the prevailing party (including any 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), other than a State or any political subdivision of a State 
or its employees or representatives, a reasonable attorney's fee.
    (f) Definition.--As used in this section, the term ``transport'' 
includes staying in temporary lodging overnight, common carrier 
misrouting or delays, stops for food, fuel, vehicle maintenance, 
emergencies, medical treatment, and all other activity related to the 
person's overall journey. The term shall not include any transportation 
of a knife or knives with the intent to commit any offense punishable 
by imprisonment for a term exceeding one year involving the use or 
threatened use of force against another, or with knowledge, or 
reasonable cause to believe, that such an offense is to be committed in 
the course of, or arising from, such journey. Within any form of 
temporary lodging, a knife or knives may be accessible.
    (g) Rule of Construction.--Nothing in this section shall be 
construed in any way to limit any right to possess, carry, or transport 
a knife or knives under applicable State law.

SEC. 3. REPEAL OF FEDERAL PROVISIONS RELATED TO SWITCHBLADE KNIVES.

    (a) Repeals.--
            (1) Chapter 29 of title 15, United States Code, is 
        repealed.
            (2) Subsections (g) and (i) of section 1716, title 18, 
        United States Code, are repealed.
    (b) Conforming Amendments.--
            (1) The table of chapters at the beginning of title 15, 
        United States Code, is amended by striking the item relating to 
        chapter 29, and inserting in lieu thereof, ``[Chapter 29. 
        Repealed]''.
            (2) Section 1716 of title 18, United States Code, is 
        amended by redesignating--
                    (A) subsection (h) as subsection (g);
                    (B) subsection (j) as subsection (h); and
                    (C) subsection (k) as subsection (i).
    (c) Effective Date.--The repeals made by subsection (a)--
            (1) shall take effect on the date of enactment of this Act; 
        and
            (2) do not apply with respect to any indictment, 
        convictions, sentencing, appeals, civil or criminal fines or 
        penalties obtained, forfeitures obtained, terms of imprisonment 
        or any other enforcement actions or proceedings occurring or 
        commenced, on or before the date of enactment of this Act.
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