Knife Owners' Protection Act of 2015

Bill: 114-s-567
Sponsor: full_name: Sen. Enzi, Michael B. [R-WY]
Introduced: 2015-02-25
Policy area: Crime and Law Enforcement
Subjects: Civil actions and liability

Criminal investigation, prosecution, interrogation

Criminal procedure and sentencing

Detention of persons

Federal preemption

State and local government operations

Transportation safety and security
Latest action: action_date: 2015-02-25
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2015-02-25
action_desc: Introduced in Senate
text: <p><strong>Knife Owners' Protection Act of 2015</strong></p> <p> Allows any individual who is not otherwise prohibited by federal law from possessing, transporting, shipping, or receiving a knife to transport a knife from any state or place where such individual may lawfully possess, carry, or transport such a knife to any other state or place where such individual may lawfully do so: (1) by motor vehicle if the knife is not directly accessible from the passenger compartment or is in a closed container, glove compartment, or console; or (2) by other means over land or through water or the air if the knife is in a closed container. Excludes the transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding one 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.</p> <p>Allows an individual to carry a knife or tool that is designed for enabling escape in an emergency and that incorporates a blunt tipped safety blade or a guarded blade or both for cutting safety belts in the passenger compartment of a motor vehicle without being secured in a closed container, glove compartment, or console, except in the passenger cabin of aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration.</p> <p>Establishes a cause of action by individuals subjected to deprivation of rights provided under this Act. Requires the court to award reasonable attorney's fees to the prevailing party if an individual asserts this Act as a claim or defense.</p>

tv_txt: II 114th CONGRESS 1st Session S. 567 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. Short title This Act may be cited as the Knife Owners’ Protection Act of 2015 . 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.