,,ii #aacth ,,congress #b;d ,session ,s4 #aiee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #af1 #bjad,mr4 ,enzi 7for himself and ,mr4 ,lee7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect the right of law-abiding citizens to transport knives interstate1 notwithstanding a patchwork of local and ,state prohibitions4 #a4 ,short title ,this ,act may be cited as the ,knife ,owners' ,protection ,act of #bjad4 #b4 ,interstate transport of knives 7a7 ,definition ,in this section1 the term transport-- 7#a7 includes staying in temporary lodging overnight1 common carrier misrouting or delays1 stops for food1 fuel1 vehicle maintenance1 emergencies1 medical treatment1 and any other activity related to the journey of an individual2 and 7#b7 does not include transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding #a year involving the use or threatened use of force against another person1 or with knowledge1 or reasonable cause to believe1 that such an offense is to be committed in the course of1 or arising from1 the journey4 7b7 ,transport of knives 7#a7 ,in general ,notwithstanding any other provision of law1 rule1 or regulation of the ,united ,states1 or of a ,state or political subdivision of a ,state1 an individual who is not otherwise prohibited by ,federal law from possessing1 transporting1 shipping1 or receiving a knife may transport a knife from any ,state or place where the individual may lawfully possess1 carry1 or transport the knife to any other ,state or place where the individual may lawfully possess1 carry1 or transport the knife if-- 7,a7 in the case of transport by motor vehicle1 the knife is not directly accessible from the passenger compartment of the motor vehicle1 or1 in the case of a motor vehicle without a compartment separate from the passenger compartment1 the knife is contained in a locked container1 glove compartment1 or console2 or 7,b7 in the case of transport by means other than a motor vehicle1 including any transport over land1 on or through water1 or through the air1 the knife is contained in a locked container4 7#b7 ,temporary lodging ,an individual transporting a knife in accordance with paragraph 7#a7 may have a knife accessible while staying in any form of temporary lodging4 7c7 ,emergency knives 7#a7 ,in general ,an individual-- 7,a7 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 belts2 and 7,b7 shall not be required to secure a knife or tool described in subparagraph 7,a7 in a locked container1 glove compartment1 or console4 7#b7 ,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 ,administration4 7d7 ,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 law1 rule1 or regulation of a ,state or political subdivision of a ,state related to the possession1 transport1 or carrying of a knife1 unless there is probable cause to believe that the individual is not in compliance with subsection 7b74 7e7 ,claim or defense ,an individual may assert this section as a claim or defense in any civil or criminal action or proceeding4 ,when an individual asserts this section as a claim or defense in a criminal proceeding1 the ,state or political subdivision has the burden of proving1 beyond a reasonable doubt1 that the individual was not in compliance with subsection 7b74 7f7 ,right of action 7#a7 ,in general ,any individual who1 under color of any statute1 ordinance1 regulation1 custom1 or usage1 of any ,state or political subdivision of a ,state1 subjects1 or causes to be subjected1 any individual to the deprivation of the rights1 privileges1 or immunities provided for in this section1 shall be liable to the individual so deprived in an action at law or equity1 or other proper proceeding for redress4 7#b7 ,attorney's ,fees 7,a7 ,in general ,if an individual asserts this section as a claim or defense1 the court shall award to the prevailing party1 as described in subparagraph 7,b71 reasonable attorney's fees4 7,b7 ,prevailing party ,a prevailing party described in this subparagraph-- 7i7 includes a party who receives a favorable resolution through a decision by a court1 settlement of a claim1 withdrawal of criminal charges1 or change of a statute or regulation2 and 7ii7 does not include a ,state or political subdivision of a ,state1 or an employee or representative of a ,state or political subdivision of a ,state4 7g7 ,rule of construction ,nothing in this section shall be construed to limit any right to possess1 carry1 or transport a knife under applicable ,state law4