Interstate Transport Act of 2019
This bill authorizes a person to transport a knife between two states where it is legal to possess, carry, or transport such knife. It sets forth conditions and limitations with respect to the lawful interstate transport of knives, including secure storage requirements.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 542 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 542
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
February 25, 2019
Mr. Enzi (for himself, Mr. Wyden, Mr. Risch, Mr. Heinrich, Mr. Crapo,
Mr. Merkley, 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 2019''.
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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported without amendment favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator Wicker without amendment. With written report No. 116-65.
Committee on Commerce, Science, and Transportation. Reported by Senator Wicker without amendment. With written report No. 116-65.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 161.
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