,,ii #aaeth ,,congress #b;d ,session ,s4 #cbfd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #be1 #bjah,mr4 ,wicker 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 prohibitions1 and to repeal ,federal provisions related to switchblade knives which burden citizens4 #a4 ,short title ,this ,act may be cited as the ,knife ,owners' ,protection ,act of #bjah4 #b4 ,interstate transportation of knives 7a7 ,authorization 7#a7 ,in general ,notwithstanding any provision of any law or any rule or regulation of the ,united ,states1 or of a ,state or any political subdivision of a ,state1 any person who is not otherwise prohibited by ,federal law from possessing1 transporting1 shipping1 or receiving a knife shall be entitled to transport a knife from any place where such person may lawfully possess1 carry or transport such a knife to any other place where such person may lawfully possess1 carry or transport such a knife if-- 7,a7 in the case of transportation by motor vehicle-- 7i7 the knife is not directly accessible from the passenger compartment of the motor vehicle2 or 7ii7 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 transportation by other means 7including any conveyance over land1 on or through water1 or through the air71 the knife is contained in a locked container4 7#b7 ,temporary lodging ,if a person is transporting a knife in accordance with paragraph 7#a71 during a period the person is within any form of temporary lodging1 the knife may be accessible4 7b7 ,emergency knives ,any knife or tool designed for enabling escape in an emergency incorporating a blunt tipped safety blade1 a guarded blade1 or both1 for cutting safety belts may be carried in the passenger compartment and need not be secured in a locked container1 glove compartment1 or console4 ,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 ,administration4 7c7 ,no arrest or detention ,a person who is transporting a knife in accordance 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 possession1 transportation1 or carrying of knives1 unless there is probable cause to believe that the person is not in compliance with at least one of the requirements of subsection 7a74 7d7 ,claim or defense ,a person may assert this section as a claim or defense in any action or proceeding1 civil or criminal4 ,if a person asserts this section as a claim or defense in a criminal proceeding1 the ,state or political subdivision shall bear the burden of proving1 beyond a reasonable doubt1 that the person was not in compliance with subsection 7a74 7e7 ,right of action ,any person 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 person to the deprivation of the rights1 privileges1 or immunities set forth in this section1 shall be liable to the person so deprived in an action at law1 suit in equity1 or other proper proceeding for redress4 ,if a person asserts this section as a claim or defense1 the court shall award the prevailing party 7including any 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 regulation71 other than a ,state or any political subdivision of a ,state or its employees or representatives1 reasonable attorneys' fees4 7f7 ,definition ,as used 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 all other activity related to the person's overall journey2 and 7#b7 does not include any transportation of a knife with-- 7,a7 the intent to commit any offense punishable by imprisonment for a term exceeding #a year involving the use or threatened use of force against another2 or 7,b7 knowledge1 or reasonable cause to believe1 that such an offense is to be committed in the course of1 or arising from1 such journey4 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 #c4 ,repeal of ,federal provisions related to switchblade knives 7a7 ,repeals 7#a7 ,the ,act entitled ,an ,act to prohibit the introduction1 or manufacture for introduction1 into interstate commerce of switchblade knives1 and for other purposes 7#ae ,u4,s4,c4 #abda et seq47 7commonly known as the ,federal ,switchblade ,act71 is repealed4 7#b7 ,subsections 7g7 and 7i7 of section #agaf1 title #ah1 ,united ,states ,code1 are repealed4 7b7 ,conforming ,amendments ,chapter #hc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #agaf1 by redesignating subsections 7h71 7j71 and 7k7 as subsection 7g71 7h71 and 7i71 respectively2 and 7#b7 in section #agaf;,e7i71 by striking section #agaf7k7 and inserting section #agaf7;i74 7c7 ,effective ,date ,the repeals made by subsection 7a7-- 7#a7 shall take effect on the date of enactment of this ,act2 and 7#b7 do not apply with respect to any indictment1 convictions1 sentencing1 appeals1 civil or criminal fines or penalties obtained1 forfeitures obtained1 terms of imprisonment or any other enforcement actions or proceedings occurring or commenced on or before the date of enactment of this ,act4