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S. 567 (114th): Knife Owners’ Protection Act of 2015

The text of the bill below is as of Feb 25, 2015 (Introduced).

Source: GPO

II

114th CONGRESS

1st Session

S. 567

IN THE SENATE OF THE UNITED STATES

February 25, 2015

(for himself and Mr. Wyden) 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.

1.

Short title

This Act may be cited as the Knife Owners’ Protection Act of 2015.

2.

Interstate transport of knives

(a)

Definition

In this section, the term transport

(1)

includes staying in temporary lodging overnight, common carrier misrouting or delays, stops for food, fuel, vehicle maintenance, emergencies, medical treatment, and any other activity related to the journey of an individual; 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

Notwithstanding any other provision of law, rule, or regulation of the United States, or of a State or political subdivision of a State, an individual who is not otherwise prohibited by Federal law from possessing, transporting, shipping, or receiving a knife may transport a knife from any State or place where the individual may lawfully possess, carry, or transport the knife to any other State or place where the individual may lawfully possess, carry, or transport the knife if—

(1)

in the case of transport by motor vehicle—

(A)

the knife is not directly accessible from the passenger compartment of the motor vehicle; or

(B)

in the case of a motor vehicle without a compartment separate from the passenger compartment, the knife is contained in a closed—

(i)

container;

(ii)

glove compartment; or

(iii)

console; or

(2)

in the case of transport by means other than a motor vehicle, including any transport over land, on or through water, or through the air, the knife is contained in a closed container.

(c)

Emergency knives

(1)

In general

An individual—

(A)

may carry in the passenger compartment of a motor vehicle a knife or tool designed for enabling escape in an emergency that incorporates a blunt tipped safety blade or a guarded blade or both for cutting safety belts; and

(B)

shall not be required to secure a knife or tool described in subparagraph (A) in a closed—

(i)

container;

(ii)

glove compartment; or

(iii)

console.

(2)

Limitation

This subsection shall not apply to the transport of a knife or tool in the passenger cabin of an aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration.

(d)

No arrest or detention

An individual who is transporting a knife in compliance with this section may not be arrested or otherwise detained 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 individual is not in compliance with subsection (b).

(e)

Claim or defense

An individual may assert this section as a claim or defense in any civil or criminal action or proceeding. When an individual asserts this section as a claim or defense in a criminal proceeding, the State or political subdivision shall have the burden of proving, beyond a reasonable doubt, that the individual was not in compliance with subsection (b).

(f)

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 provided for in this section, shall be liable to the individual so deprived in an action at law or equity, or other proper proceeding for redress.

(2)

Attorney's Fees

(A)

In general

If an individual asserts this section as a claim or defense, the court shall award to the prevailing party, as described in subparagraph (B), reasonable attorney's fees.

(B)

Prevailing party

A prevailing party described in this subparagraph—

(i)

includes a 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; and

(ii)

does not include a State or political subdivision of a State, or an employee or representative of a State or political subdivision of a State.

(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.