text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Interstate Transport Act of 2018''.
  
  SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.
  
      (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; 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.--
              (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; or
                              (ii) in the case of a motor vehicle without 
                          a compartment separate from the passenger 
                          compartment, is contained in a locked container 
                          other than the glove compartment or console; 
                          and
                      (B) in the case of transport by means other than a 
                  motor vehicle, including any transport over land or on 
                  or through water, the knife is contained in a locked 
                  container.
              (2) Limitation.--This subsection shall not apply to the 
          transport of a knife or tool in the cabin of a passenger 
          aircraft subject to the rules and regulations of the 
          Transportation Security Administration.
      (c) Emergency Knives.--
              (1) In general.--A person--
                      (A) may carry in the passenger compartment of a 
                  mode of transportation a knife or tool--
                              (i) the blades of which consist only of a 
                          blunt tipped safety blade, a guarded blade, or 
                          both; and
                              (ii) that is specifically designed for 
                          enabling escape in an emergency by cutting 
                          safety belts; and
                      (B) shall not be required to secure a knife or tool 
                  described in subparagraph (A) in a locked container.
              (2) Limitation.--This subsection shall not apply to the 
          transport of a knife or tool in the cabin of a passenger 
          aircraft subject to the rules and regulations of the 
          Transportation Security Administration.
      (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) 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.
      (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;
              (2) the institution of any criminal proceedings against the 
          person relating to such offense; and
              (3) the results of the proceedings, if any.
      (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.
  
              Passed the Senate December 11, 2018.
  
              Attest:
  
                                                               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.
target:  Interstate Transport Act of 2017 This bill permits an individual to transport a knife for any lawful purpose between two places (e.g., states) where it is legal to possess and carry such knife. The individual must comply with specified requirements.  The bill prohibits the arrest or detention of an individual for a knife violation unless there is probable cause to believe the individual failed to comply with specified requirements. An individual may assert compliance with this bill's requirements as a claim or defense in any civil or criminal action or proceeding.
feat_title: Interstate Transport Act of 2017