Title: Interstate Transport Act of 2018
Policy area: Crime and Law Enforcement

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.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1092 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1092

   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

                              May 10, 2017

Mr. Enzi (for himself, Mr. Wyden, Mr. Daines, Mr. Heinrich, Mr. Risch, 
 and Mr. Manchin) 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 ``Interstate Transport Act of 2017''.

SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.

    (a) Transport of Knives.--Notwithstanding any other provision of 
any law or any rule or regulation of a State or any political 
subdivision thereof, any person who is not otherwise prohibited by any 
Federal law, rule, or regulation from 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 and carry 
such knife to any other place where the person may lawfully possess and 
carry such knife if--
            (1) in the case of a mode of transportation subject to 
        rules and regulations of the Transportation Security 
        Administration or the Coast Guard, the individual complies with 
        all applicable rules and regulations of the Transportation 
        Security Administration or the Coast Guard, respectively; and
            (2) in the case of a mode of transportation not subject to 
        rules and regulations of the Transportation Security 
        Administration or the Coast Guard, during such transportation, 
        any such knife that is being transported and that is not legal 
        for the person to possess in a jurisdiction through which the 
        person is traveling--
                    (A) is not readily accessible or directly 
                accessible from the passenger compartment of the mode 
                of transportation; or
                    (B) in the case of a mode of transportation without 
                a compartment separate from the passenger compartment, 
                is contained in a locked container other than the glove 
                compartment or console.
    (b) Emergency Knives.--
            (1) In general.--An individual--
                    (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 any locked container.
            (2) Limitation.--This subsection shall not apply to the 
        transport of a knife or tool by a mode of transportation that 
        is subject to rules and regulations of the Transportation 
        Security Administration or the Coast Guard.
    (c) 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 (a).
    (d) 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 (a).
    (e) 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.
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