Knife Owners’ Protection Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 88 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. IN THE HOUSE OF REPRESENTATIVES JANUARY 3, 2019 Mr. BIGGS (for himself, Mr. MEADOWS, Mr. LATTA, Mr. DUNCAN, and Mrs. LESKO) introduced the following bill; which was referred to the Com- mittee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Knife Owners’ Protec- 4 tion Act of 2019’’. 5 VerDate Sep 11 2014 01:50 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H88.IH H88 dlhill on DSK3GLQ082PROD with BILLS 2 •HR 88 IH SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. 1 (a) IN GENERAL.—Notwithstanding any provision of 2 any law or any rule or regulation of the United States, 3 or of a State or any political subdivision of a State, any 4 person who is not otherwise prohibited by Federal law 5 from possessing, transporting, shipping, or receiving a 6 knife or knives shall be entitled to transport a knife or 7 knives from any place where such person may lawfully pos- 8 sess, carry or transport such a knife or knives to any other 9 place where such person may lawfully possess, carry or 10 transport such a knife or knives if— 11 (1) in the case of transportation by motor vehi- 12 cle, the knife or knives are not directly accessible 13 from the passenger compartment of such trans- 14 porting vehicle, or, in the case of a motor vehicle 15 without a compartment separate from the passenger 16 compartment, the knife or knives shall be contained 17 in a locked container, glove compartment, or console; 18 or 19 (2) in the case of transportation by other 20 means (including any conveyance over land, on or 21 through water, or through the air), the knife or 22 knives are contained in a locked container. 23 (b) EMERGENCY KNIVES.—Any knife or tool de- 24 signed for enabling escape in an emergency incorporating 25 a blunt tipped safety blade, a guarded blade, or both, for 26 VerDate Sep 11 2014 01:50 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H88.IH H88 dlhill on DSK3GLQ082PROD with BILLS 3 •HR 88 IH cutting safety belts may be carried in the passenger com- 1 partment and need not be secured in a locked container, 2 glove compartment, or console. This subsection shall not 3 apply to the transport of any such knife or tool in the 4 passenger cabin of aircraft whose passengers are subject 5 to airport screening procedures of the Transportation Se- 6 curity Administration. 7 (c) NO ARREST OR DETENTION.—A person who is 8 transporting a knife or knives in compliance with this sec- 9 tion may not be arrested or otherwise detained for viola- 10 tion of any law or any rule or regulation of a State or 11 any political subdivision of a State related to the posses- 12 sion, transportation, or carrying of knives, unless there is 13 probable cause to believe that the person is not in compli- 14 ance with at least one of the requirements of subsection 15 (a). 16 (d) CLAIM OR DEFENSE.—A person may assert this 17 section as a claim or defense in any action or proceeding, 18 civil or criminal. When a person asserts this section as 19 a claim or defense in a criminal proceeding, the State or 20 political subdivision shall bear the burden of proving, be- 21 yond a reasonable doubt, that the person was not in com- 22 pliance with subsection (a). 23 (e) RIGHT OF ACTION.—Any person who, under color 24 of any statute, ordinance, regulation, custom, or usage, 25 VerDate Sep 11 2014 01:50 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H88.IH H88 dlhill on DSK3GLQ082PROD with BILLS 4 •HR 88 IH of any State or political subdivision of a State, subjects, 1 or causes to be subjected, any person to the deprivation 2 of the rights, privileges, or immunities set forth in this 3 section, shall be liable to the person so deprived in an ac- 4 tion at law, suit in equity, or other proper proceeding for 5 redress. When a person asserts this section as a claim or 6 defense, the court shall award the prevailing party (includ- 7 ing any party who receives a favorable resolution through 8 a decision by a court, settlement of a claim, withdrawal 9 of criminal charges, or change of a statute or regulation), 10 other than a State or any political subdivision of a State 11 or its employees or representatives, a reasonable attorney’s 12 fee. 13 (f) DEFINITION.—As used in this section, the term 14 ‘‘transport’’ includes staying in temporary lodging over- 15 night, common carrier misrouting or delays, stops for 16 food, fuel, vehicle maintenance, emergencies, medical 17 treatment, and all other activity related to the person’s 18 overall journey. The term shall not include any transpor- 19 tation of a knife or knives with the intent to commit any 20 offense punishable by imprisonment for a term exceeding 21 one year involving the use or threatened use of force 22 against another, or with knowledge, or reasonable cause 23 to believe, that such an offense is to be committed in the 24 VerDate Sep 11 2014 01:50 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H88.IH H88 dlhill on DSK3GLQ082PROD with BILLS 5 •HR 88 IH course of, or arising from, such journey. Within any form 1 of temporary lodging, a knife or knives may be accessible. 2 (g) RULE OF CONSTRUCTION.—Nothing in this sec- 3 tion shall be construed in any way to limit any right to 4 possess, carry, or transport a knife or knives under appli- 5 cable State law. 6 SEC. 3. REPEAL OF FEDERAL PROVISIONS RELATED TO 7 SWITCHBLADE KNIVES. 8 (a) REPEALS.— 9 (1) Chapter 29 of title 15, United States Code, 10 is repealed. 11 (2) Subsections (g) and (i) of section 1716, title 12 18, United States Code, are repealed. 13 (b) CONFORMING AMENDMENTS.— 14 (1) The table of chapters at the beginning of 15 title 15, United States Code, is amended by striking 16 the item relating to chapter 29, and inserting in lieu 17 thereof, ‘‘[Chapter 29. Repealed]’’. 18 (2) Section 1716 of title 18, United States 19 Code, is amended by redesignating— 20 (A) subsection (h) as subsection (g); 21 (B) subsection (j) as subsection (h); and 22 (C) subsection (k) as subsection (i). 23 (c) EFFECTIVE DATE.—The repeals made by sub- 24 section (a)— 25 VerDate Sep 11 2014 01:50 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H88.IH H88 dlhill on DSK3GLQ082PROD with BILLS 6 •HR 88 IH (1) shall take effect on the date of enactment 1 of this Act; and 2 (2) do not apply with respect to any indictment, 3 convictions, sentencing, appeals, civil or criminal 4 fines or penalties obtained, forfeitures obtained, 5 terms of imprisonment or any other enforcement ac- 6 tions or proceedings occurring or commenced, on or 7 before the date of enactment of this Act. 8 Æ VerDate Sep 11 2014 01:50 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H88.IH H88 dlhill on DSK3GLQ082PROD with BILLS