Interstate Transport Act of 2019

II Calendar No. 161 116TH CONGRESS 1ST SESSION S. 542 [Report No. 116–65] 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 JULY 24, 2019 Reported by Mr. WICKER, without amendment 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 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 ‘‘Interstate Transport 4 Act of 2019’’. 5 VerDate Sep 11 2014 22:16 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S542.RS S542 kjohnson on DSK79L0C42 with BILLS 2 •S 542 RS SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. 1 (a) DEFINITION.—In this Act, the term ‘‘trans- 2 port’’— 3 (1) includes staying in temporary lodging over- 4 night, common carrier misrouting or delays, stops 5 for food, fuel, vehicle maintenance, emergencies, or 6 medical treatment, and any other activity related to 7 the journey of a person; and 8 (2) does not include transport of a knife with 9 the intent to commit an offense punishable by im- 10 prisonment for a term exceeding 1 year involving the 11 use or threatened use of force against another per- 12 son, or with knowledge, or reasonable cause to be- 13 lieve, that such an offense is to be committed in the 14 course of, or arising from, the journey. 15 (b) TRANSPORT OF KNIVES.— 16 (1) IN GENERAL.—Notwithstanding any other 17 provision of any law or any rule or regulation of a 18 State or any political subdivision thereof, a person 19 who is not otherwise prohibited by any Federal law 20 from possessing, transporting, shipping, or receiving 21 a knife shall be entitled to transport a knife for any 22 lawful purpose from any place where the person may 23 lawfully possess, carry, or transport the knife to any 24 other place where the person may lawfully possess, 25 carry, or transport the knife if— 26 VerDate Sep 11 2014 22:16 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S542.RS S542 kjohnson on DSK79L0C42 with BILLS 3 •S 542 RS (A) in the case of transport by motor vehi- 1 cle, the knife— 2 (i) is not directly accessible from the 3 passenger compartment of the motor vehi- 4 cle; or 5 (ii) in the case of a motor vehicle 6 without a compartment separate from the 7 passenger compartment, is contained in a 8 locked container other than the glove com- 9 partment or console; and 10 (B) in the case of transport by means 11 other than a motor vehicle, including any trans- 12 port over land or on or through water, the knife 13 is contained in a locked container. 14 (2) LIMITATION.—This subsection shall not 15 apply to the transport of a knife or tool in the cabin 16 of a passenger aircraft subject to the rules and regu- 17 lations of the Transportation Security Administra- 18 tion. 19 (c) EMERGENCY KNIVES.— 20 (1) IN GENERAL.—A person— 21 (A) may carry in the passenger compart- 22 ment of a mode of transportation a knife or 23 tool— 24 VerDate Sep 11 2014 22:16 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S542.RS S542 kjohnson on DSK79L0C42 with BILLS 4 •S 542 RS (i) the blades of which consist only of 1 a blunt tipped safety blade, a guarded 2 blade, or both; and 3 (ii) that is specifically designed for en- 4 abling escape in an emergency by cutting 5 safety belts; and 6 (B) shall not be required to secure a knife 7 or tool described in subparagraph (A) in a 8 locked container. 9 (2) LIMITATION.—This subsection shall not 10 apply to the transport of a knife or tool in the cabin 11 of a passenger aircraft subject to the rules and regu- 12 lations of the Transportation Security Administra- 13 tion. 14 (d) NO ARREST.—A person who is transporting a 15 knife in compliance with this section may not be arrested 16 for violation of any law, rule, or regulation of a State or 17 political subdivision of a State related to the possession, 18 transport, or carrying of a knife, unless there is probable 19 cause to believe that the person is not in compliance with 20 subsection (b). 21 (e) COSTS.—If a person who asserts this section as 22 a claim or defense in a civil or criminal action or pro- 23 ceeding is a prevailing party on the claim or defense, the 24 VerDate Sep 11 2014 22:16 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S542.RS S542 kjohnson on DSK79L0C42 with BILLS 5 •S 542 RS court shall award costs and reasonable attorney’s fees in- 1 curred by the person. 2 (f) EXPUNGEMENT.—If a person who asserts this 3 section as a claim or defense in a criminal proceeding is 4 a prevailing party on the claim or defense, the court shall 5 enter an order that directs that there be expunged from 6 all official records all references to— 7 (1) the arrest of the person for the offense as 8 to which the claim or defense was asserted; 9 (2) the institution of any criminal proceedings 10 against the person relating to such offense; and 11 (3) the results of the proceedings, if any. 12 (g) RULE OF CONSTRUCTION.—Nothing in this sec- 13 tion shall be construed to limit any right to possess, carry, 14 or transport a knife under applicable State law. 15 VerDate Sep 11 2014 22:16 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S542.RS S542 kjohnson on DSK79L0C42 with BILLS Calendar No. 161 116TH CONGRESS 1ST SESSION S. 542 [Report No. 116–65] A BILL To protect the right of law-abiding citizens to transport knives interstate, notwithstanding a patchwork of local and State prohibitions. JULY 24, 2019 Reported without amendment VerDate Sep 11 2014 22:16 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S542.RS S542 kjohnson on DSK79L0C42 with BILLS