119-s346

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 346 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 346

 To protect the right of law-abiding citizens to transport knives 
interstate, notwithstanding a patchwork of State and local prohibitions 
 that burden citizens.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 30, 2025

 Mr. Lee (for himself, Mr. Cassidy, and Ms. Lummis) 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 State and local prohibitions 
 that burden citizens.

 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 ``Knife Owners' Protection Act of 
2025''.

SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.

    (a) 

=== Definitions. ===
-As used in this section--

    (1) 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; and

    (2) the term ``transport''--
        (A) includes staying in temporary lodging 
 overnight, common carrier misrouting or delays, stops 
 for food, fuel, vehicle maintenance, emergencies, 
 medical treatment, and all other activity related to 
 the overall journey of the individual; and
        (B) does not include any transportation of 1 or 
 more knives with the intent to commit any offense 
 punishable by imprisonment for a term exceeding 1 year 
 involving the use or threatened use of force against 
 another, or with knowledge, or reasonable cause to 
 believe, that such an offense is to be committed in the 
 course of, or arising from, such journey.

    (b) Requirements.--Notwithstanding any provision of any law or any 
rule or regulation of the United States, or of a State or any political 
subdivision of a State, any individual who is not otherwise prohibited 
by Federal law from possessing, transporting, shipping, or receiving a 
knife or knives shall be entitled to transport a knife or knives from 
any place where the individual may lawfully possess, carry, or 
transport such a knife or knives to any other place where the 
individual may lawfully possess, carry, or transport such a knife or 
knives if--

    (1) in the case of transportation by motor vehicle, the 
 knife is, or the knives are, not directly accessible from the 
 passenger compartment of the transporting motor vehicle, or, in 
 the case of a motor vehicle without a compartment separate from 
 the passenger compartment, the knife is, or the knives are, 
 contained in a locked container, locked glove compartment, or 
 locked console;

    (2) in the case of transportation by air, the knife is, or 
 the knives are, contained in a locked container and are not in 
 the passenger cabin of the aircraft; or

    (3) in the case of transportation by other means (including 
 any conveyance over land, or on or through water), the knife 
 is, or the knives are, contained in a locked container.
            (c) Emergency Knives.--

    (1) In general.--Subject to paragraph

    (2) , any knife or 
 tool designed for enabling escape in an emergency incorporating 
 a blunt tipped safety blade, a guarded blade, or both, for 
 cutting safety belts--
        (A) may be carried in the passenger compartment of 
 a transporting motor vehicle; and
        (B) shall not be required to be secured in a locked 
 container, locked glove compartment, or locked console.

    (2) Exception.--This subsection shall not apply to the 
 transport of any knife or tool described in paragraph

    (1) in 
 the passenger cabin of an aircraft the passengers of which are 
 subject to airport screening procedures of the Transportation 
 Security Administration.
            (d) Temporary Lodging.--Subject to the requirements under 
subsection

    (b) , a knife or knives may be kept accessible in any form of 
temporary lodging overnight, as described in subsection

    (a)

    (2)
        (A) .

    (e) No Arrest or Detention.--An individual who is transporting a 
knife or knives in compliance with this section may not be arrested or 
otherwise detained for violation of any law or any rule or regulation 
of a State or any political subdivision of a State related to the 
possession, transportation, or carrying of knives, unless there is 
probable cause to believe that the individual is in violation of 1 or 
more of the requirements under subsection

    (b) .

    (f) Claim or Defense.--

    (1) In general.--An individual may assert this section as a 
 claim or defense in any civil or criminal action or proceeding.

    (2) Burden of proof.--If an individual asserts this section 
 as a claim or defense in a criminal proceeding, the relevant 
 State or political subdivision shall bear the burden of 
 proving, beyond a reasonable doubt, that the individual was not 
 in compliance with the requirements under subsection

    (b) .

    (g) Right of Action.--

    (1) In general.--Any individual who, under color of any 
 statute, ordinance, regulation, custom, or usage, of any State 
 or political subdivision of a State, subjects, or causes to be 
 subjected, any individual to the deprivation of the rights, 
 privileges, or immunities set forth in this section, shall be 
 liable to the individual so deprived in an action at law, suit 
 in equity, or other proper proceeding for redress.

    (2) Attorney's fees.--When an individual asserts this 
 section as a claim or defense, the court shall award the 
 prevailing party (including any party who receives a favorable 
 resolution through a decision by a court, settlement of a 
 claim, withdrawal of criminal charges, or change of a statute 
 or regulation), other than a State or any political subdivision 
 of a State or its employees or representatives, a reasonable 
 attorney's fee.

    (h) Rule of Construction.--Nothing in this section shall be 
construed in any way--

    (1) to limit any right to possess, carry, or transport a 
 knife or knives under applicable State law; or

    (2) to impose additional restrictions or requirements on 
 interstate travel by air with a knife or knives.
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