Interstate Transport Act of 2018

Bill: 115-s-1092
Sponsor: full_name: Sen. Enzi, Michael B. [R-WY]
Introduced: 2017-05-10
Policy area: Crime and Law Enforcement
Subjects: Civil actions and liability

Criminal investigation, prosecution, interrogation

Criminal justice information and records

Criminal procedure and sentencing

Detention of persons

Federal preemption

Intergovernmental relations

Legal fees and court costs

State and local government operations

Transportation safety and security
Latest action: action_date: 2018-12-12
text: Held at the desk.

Summaries:
action_date: 2017-05-10
action_desc: Introduced in Senate
text: <p> <p><b>Interstate Transport Act of 2017</b></p> <p>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. </p> <p>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.</p>

tv_txt: II 115th CONGRESS 1st Session S. 1092 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.

1. Short title This Act may be cited as the Interstate Transport Act of 2017 . 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.

tv_txt: II Calendar No. 560 115th CONGRESS 2d Session S. 1092 [Report No. 115–327] IN THE SENATE OF THE UNITED STATES May 10, 2017 Mr. Enzi (for himself, Mr. Wyden , Mr. Daines , Mr. Heinrich , Mr. Risch , Mr. Manchin , Mr. Merkley , Mr. Crapo , Mr. Udall , Mr. Lee , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation August 27, 2018 Reported by Mr. Thune , with an amendment Strike out all after the enacting clause and insert the part printed in italic 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 Interstate Transport Act of 2017 . 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.

1. Short title This Act may be cited as the Interstate Transport Act of 2018 . 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, 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— (i) the knife 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 or detention A person 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 person is not in compliance with subsection (b). (e) Claim or defense A person may assert this section as a claim or defense in a civil or criminal action or proceeding. When a person 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 person was not in compliance with subsection (b). (f) 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.

August 27, 2018 Reported with an amendment

tv_txt: 115th CONGRESS 2d Session S. 1092 IN THE SENATE OF THE UNITED STATES AN ACT 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 Interstate Transport Act of 2018 . 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. Secretary