United States 115th Congress Status: Passed Senate 1 R cosponsors

S 1092 — Interstate Transport Act of 2018

Last action — Held at the desk.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

29 added · 100 removed

Plain-language change summary

The updated version of S 1092 includes new provisions that clarify the conditions under which a person can transport a knife in a motor vehicle, specifically stating that the knife must not be directly accessible from the passenger compartment. Additionally, it establishes that individuals transporting a knife in accordance with this section cannot be arrested based on the belief they are not in compliance with state laws regarding knife transportation. It also provides for the recovery of costs and attorney's fees for individuals who successfully assert this section in legal actions, as well as the expungement of arrest records related to such claims. These changes are designed to offer clearer legal protections and recourse for individuals transporting knives.

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1092 Reported in Senate (RS)] <DOC> Calendar No.
1092 Engrossed in Senate (ES)] <DOC> 115th CONGRESS 2d Session S.
560 115th CONGRESS 2d Session S.
1092 _______________________________________________________________________ AN ACT To protect the right of law-abiding citizens to transport knives interstate, notwithstanding a patchwork of local and State prohibitions.
1092 [Report No.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
115-327] 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 May 10, 2017 Mr.
Enzi (for himself, Mr.
Wyden, Mr.
Daines, Mr.
Heinrich, Mr.
Risch, Mr.
Manchin, Mr.
Merkley, Mr.
Crapo, Mr.
Udall, Mr.
Lee, and Ms.
Baldwin) introduced the following bill;
which was read twice and referred to the Committee on Commerce, Science, and Transportation August 27, 2018 Reported by Mr.
Thune, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Interstate Transport Act of 2017''.</DELETED> <DELETED>SEC.
2.
INTERSTATE TRANSPORTATION OF KNIVES.</DELETED> <DELETED> (a) Transport of Knives.--Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by any Federal law, rule, or regulation from 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 and carry such knife to any other place where the person may lawfully possess and carry such knife if--</DELETED> <DELETED> (1) in the case of a mode of transportation subject to rules and regulations of the Transportation Security Administration or the Coast Guard, the individual complies with all applicable rules and regulations of the Transportation Security Administration or the Coast Guard, respectively;
and</DELETED> <DELETED> (2) in the case of a mode of transportation not subject to rules and regulations of the Transportation Security Administration or the Coast Guard, during such transportation, any such knife that is being transported and that is not legal for the person to possess in a jurisdiction through which the person is traveling--</DELETED> <DELETED> (A) is not readily accessible or directly accessible from the passenger compartment of the mode of transportation;
or</DELETED> <DELETED> (B) in the case of a mode of transportation without a compartment separate from the passenger compartment, is contained in a locked container other than the glove compartment or console.</DELETED> <DELETED> (b) Emergency Knives.--</DELETED> <DELETED> (1) In general.--An individual--</DELETED> <DELETED> (A) may carry in the passenger compartment of a mode of transportation a knife or tool--</DELETED> <DELETED> (i) the blades of which consist only of a blunt tipped safety blade, a guarded blade, or both;
and</DELETED> <DELETED> (ii) that is specifically designed for enabling escape in an emergency by cutting safety belts;
and</DELETED> <DELETED> (B) shall not be required to secure a knife or tool described in subparagraph (A) in any locked container.</DELETED> <DELETED> (2) Limitation.--This subsection shall not apply to the transport of a knife or tool by a mode of transportation that is subject to rules and regulations of the Transportation Security Administration or the Coast Guard.</DELETED> <DELETED> (c) 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 (a).</DELETED> <DELETED> (d) 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 (a).</DELETED> <DELETED> (e) 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.</DELETED> SECTION 1.
(a) Definition.--In this Act, 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 a person;
(a) Definition.--In this Act, the term ``transport''-- (1) 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;
(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-- (i) the knife is not directly accessible from the passenger compartment of the motor vehicle;
(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;
(d) No Arrest or Detention.--A person 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 person is not in compliance with subsection (b).
(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) Claim or Defense.--A person may assert this section as a claim or defense in a civil or criminal action or proceeding.
(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.
When a person 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 person was not in compliance with subsection (b).
(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;
(f) 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.
(2) the institution of any criminal proceedings against the person relating to such offense;
Calendar No.
and (3) the results of the proceedings, if any.
560 115th CONGRESS 2d Session S.
(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.
1092 [Report No.
Passed the Senate December 11, 2018.
115-327] _______________________________________________________________________ A BILL To protect the right of law-abiding citizens to transport knives interstate, notwithstanding a patchwork of local and State prohibitions.
Attest:
_______________________________________________________________________ August 27, 2018 Reported with an amendment
Secretary.
115th CONGRESS 2d Session S.
1092 _______________________________________________________________________ AN ACT To protect the right of law-abiding citizens to transport knives interstate, notwithstanding a patchwork of local and State prohibitions.
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Action History

  1. Received in the House.

  2. Message on Senate action sent to the House.

  3. Held at the desk.

  4. Measure laid before Senate by unanimous consent. (consideration: CR S7448-7449; text of amendment in the nature of a substitute: CR S7448)

  5. The committee substitute withdrawn by Unanimous Consent.

  6. Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

  7. Passed Senate with an amendment by Unanimous Consent.

  8. Committee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 115-327.

  9. Committee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 115-327.

  10. Placed on Senate Legislative Calendar under General Orders. Calendar No. 560.

  11. An errata sheet on written report No. 115-327 was printed.

  12. Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

  13. Introduced in Senate

  14. Read twice and referred to the Committee on Commerce, Science, and Transportation.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors S 1092?
S 1092 is sponsored by Enzi, Michael B. (Republican).
What is the current status of S 1092?
This bill died with 115th Congress. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 1092?
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