[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 60 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 60
To protect the right of law-abiding citizens to transport knives
interstate, notwithstanding a patchwork of local and State
prohibitions, and to repeal Federal provisions related to switchblade
knives which burden citizens.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2021
Mr. Biggs introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To protect the right of law-abiding citizens to transport knives
interstate, notwithstanding a patchwork of local and State
prohibitions, and to repeal Federal provisions related to switchblade
knives which 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
2021''.
SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.
(a) In General.--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 person 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 such person may lawfully possess, carry or transport
such a knife or knives to any other place where such person may
lawfully possess, carry or transport such a knife or knives if--
(1) in the case of transportation by motor vehicle, the
knife or knives are not directly accessible from the passenger
compartment of such transporting vehicle, or, in the case of a
motor vehicle without a compartment separate from the passenger
compartment, the knife or knives shall be contained in a locked
container, glove compartment, or console; or
(2) in the case of transportation by other means (including
any conveyance over land, on or through water, or through the
air), the knife or knives are contained in a locked container.
(b) Emergency Knives.--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 may be carried in the
passenger compartment and need not be secured in a locked container,
glove compartment, or console. This subsection shall not apply to the
transport of any such knife or tool in the passenger cabin of aircraft
whose passengers are subject to airport screening procedures of the
Transportation Security Administration.
(c) No Arrest or Detention.--A person 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 person is not in compliance with at
least one of the requirements of subsection (a).
(d) Claim or Defense.--A person may assert this section as a claim
or defense in any action or proceeding, civil or criminal. When a
person asserts this section as a claim or defense in a criminal
proceeding, the State or political subdivision shall bear the burden of
proving, beyond a reasonable doubt, that the person was not in
compliance with subsection (a).
(e) Right of Action.--Any person 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 person
to the deprivation of the rights, privileges, or immunities set forth
in this section, shall be liable to the person so deprived in an action
at law, suit in equity, or other proper proceeding for redress. When a
person 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.
(f) Definition.--As used in this section, the term ``transport''
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
person's overall journey. The term shall not include any transportation
of a knife or knives with the intent to commit any offense punishable
by imprisonment for a term exceeding one 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. Within any form of
temporary lodging, a knife or knives may be accessible.
(g) Rule of Construction.--Nothing in this section shall be
construed in any way to limit any right to possess, carry, or transport
a knife or knives under applicable State law.
SEC. 3. REPEAL OF FEDERAL PROVISIONS RELATED TO SWITCHBLADE KNIVES.
(a) Repeals.--
(1) Chapter 29 of title 15, United States Code, is
repealed.
(2) Subsections (g) and (i) of section 1716, title 18,
United States Code, are repealed.
(b) Conforming Amendments.--
(1) The table of chapters at the beginning of title 15,
United States Code, is amended by striking the item relating to
chapter 29, and inserting in lieu thereof, ``[Chapter 29.
Repealed]''.
(2) Section 1716 of title 18, United States Code, is
amended by redesignating--
(A) subsection (h) as subsection (g);
(B) subsection (j) as subsection (h); and
(C) subsection (k) as subsection (i).
(c) Effective Date.--The repeals made by subsection (a)--
(1) shall take effect on the date of enactment of this Act;
and
(2) do not apply with respect to any indictment,
convictions, sentencing, appeals, civil or criminal fines or
penalties obtained, forfeitures obtained, terms of imprisonment
or any other enforcement actions or proceedings occurring or
commenced, on or before the date of enactment of this Act.
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