Bill Details
S.346 - 119th Congress
Status
Latest action
2025-01-30 - Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced Date
2025-01-30
Policy Area
Crime and Law Enforcement
Committees
View committees (1)
Sponsors
Cosponsors
View cosponsors (2)
7
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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would create a federal rule protecting people who legally own knives from being blocked by different state and local knife laws when they are traveling across state lines. It says a person who is not otherwise banned by federal law could transport knives from one place where they may lawfully have them to another place where they may lawfully have them, as long as the knives are packed and carried in specific safe ways. It also says people should not be arrested or detained just for following these rules, and it gives them a way to raise the law as a defense in court or sue if their rights are violated.
- For car travel, the knife must not be directly reachable from the passenger area. If the car has no separate trunk or storage area, the knife must be in a locked container, locked glove box, or locked console.
- For air travel, the knife must be in a locked container and kept out of the passenger cabin. The bill does not add extra rules for air travel beyond that.
- For travel by other means, including land or water transport, the knife must be in a locked container.
- The bill also allows certain emergency knives or escape tools with a blunt or guarded safety blade to be kept in the passenger area of a car, but not in the passenger cabin of a screened airplane.
- It says knives may be kept accessible during overnight stays in temporary lodging, as long as the travel rules are still met.
- If a person is carrying knives in compliance with the bill, state or local officials may not arrest or detain them unless there is probable cause to think the person is breaking the bill’s travel requirements.
- If someone has to go to court over this, the bill lets them use it as a legal defense, and in criminal cases the state must prove beyond a reasonable doubt that the person did not comply.
- A person whose rights are violated under the bill could bring a legal action, and the winning party could receive reasonable attorney’s fees.
Official Summaries
Knife Owners’ Protection Act of 2025
This bill permits an individual to transport a knife between two places (e.g., states) where knife possession, carry, or transport is legal. The knife must be transported in compliance with the bill's accessibility and secure storage requirements, unless it is an emergency knife or tool designed to cut seat belts.
An individual who is transporting a knife in compliance with this bill may not be arrested or detained for a knife violation unless there is probable cause to believe the individual failed to comply with the accessibility or secure storage requirements. An individual may assert compliance with this bill as a claim or defense in any civil or criminal proceeding.
Current Full Text
[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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