119-s246

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 246 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 246

 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

 January 24, 2025

Mr. Budd (for himself, Mr. Wyden, Mr. Crapo, Mr. Heinrich, Mr. Daines, 
 Mr. Peters, and Mr. Risch) 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 2025''.

SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.

    (a) 

=== Definitions. ===
-In this Act:

    (1) State.--The term ``State'' means any of the 50 States, 
 the District of Columbia, American Samoa, Guam, Puerto Rico, 
 the Northern Mariana Islands, the Virgin Islands of the United 
 States, and any other territory of the United States.

    (2) Transport.--The term ``transport''--
        (A) 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
        (B) 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.
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