[Senate Report 114-121]
[From the U.S. Government Publishing Office]
Calendar No. 201
114th Congress } { Report
SENATE
1st Session } { 114-121
_______________________________________________________________________
KNIFE OWNERS' PROTECTION ACT OF 2015
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1315
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 28, 2015.--Ordered to be printed
_____________
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2015
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
David Schwietert, Staff Director
Nick Rossi, Deputy Staff Director
Rebecca Seidel, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 201
114th Congress } { Report
SENATE
1st Session } { 114-121
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KNIFE OWNERS' PROTECTION ACT OF 2015
_______
August 28, 2015.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1315]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1315) to protect the right of
law-abiding citizens to transport knives interstate,
notwithstanding a patchwork of local and State prohibitions,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 1315, is to allow for certain interstate
transportation of knives by law-abiding citizens.
Background and Needs
Currently, Federal, State, and local laws govern the sale,
possession, manufacture, or carrying of knives. Oftentimes
these laws vary widely by jurisdiction and can be inconsistent.
This patchwork of regulations makes it difficult for a law-
abiding knife owner to travel freely between States.
For example, the American Knife & Tool Institute reports
that a member who was traveling by air on a hunting trip had an
unscheduled flight diversion to New York City. While at the
airport on this unplanned layover, he was arrested for
possession of an illegal knife in his checked luggage even
though the knife was secured and legal in his scheduled origin
and destination.\1\
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\1\American Knife & Tool Institute, ``AKTI's Improved Bipartisan
U.S. Act to Protect Traveling Knife Owners Introduced,'' press release,
February 25, 2015, at http://www.akti.org/news/aktis-improved-
bipartisan-u-s-act-to-protect-traveling-knife-owners-introduced/.
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To address this type of circumstance, S. 1315 was
introduced to allow knife owners to travel between two
locations where the possession of the knife is legal. The Knife
Owners' Protection Act of 2015 (KOPA) is modeled after the
Firearms Owners' Protection Act,\2\ which Congress enacted in
1986 to address similar traveling difficulties law-abiding
firearm owners were facing. When a knife owner is traveling by
motor vehicle, KOPA would require that the knife not be
directly accessible from the passenger compartment or, if the
motor vehicle has no separate compartment, that the knife be
kept in a closed container, glove compartment, or console.
During air travel, aviation security regulations via the
Transportation Security Administration (TSA) will continue to
provide guidance for the secure transport of any knife, and the
bill is not intended to impact current Amtrak rules governing
the transportation of a knife. In all other modes of travel,
the knife must be kept in a closed container.
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\2\18 U.S.C. 926A
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Summary of Provisions
The Knife Owners' Protection Act of 2015 would allow law-
abiding citizens to legally transport knives interstate under
certain circumstances. If enacted, KOPA would:
provide a lawful means for the transport of a
knife between two jurisdictions where the possession of the
knife is legal by the individual transporting the knife;
set reasonable accessibility standards during
transport with a knife; and
ensure that law-abiding citizens following KOPA
standards cannot be arrested or 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 they are in violation of
KOPA.
Legislative History
KOPA was introduced by Senator Enzi on May 13, 2015.
Senators Wyden, Thune, Manchin, Lee, and Heinrich are
cosponsors. On May 20, 2015, the Committee met in open
Executive Session and, by a voice vote, ordered S. 1315 to be
reported favorably.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1315--Knife Owners' Protection Act of 2015
S. 1315 would allow people to possess knives in states
where they are illegal if the person is travelling to and from
states where the knife is legal, if the knife is secured, or if
the knife is a safety blade designed for cutting seatbelts.
Based on information provided by the Department of Justice and
the Federal Trade Commission, CBO estimates that implementing
S. 1315 would have no effect on the federal budget. Because
enacting S. 1315 would not affect direct spending or revenues,
pay-as-you-go procedures do not apply.
S. 1315 would impose an intergovernmental mandate as
defined in the Unfunded Mandates Reform Act (UMRA) by
preempting some state and local laws related to possessing and
transporting knives. Laws regulating knives vary from state to
state. The costs for state and local governments to comply with
that mandate would include the cost to change protocols and
train law enforcement officers. CBO estimates the total costs
for state and local governments would be small and would not
exceed the threshold established in UMRA ($77 million in 2015,
adjusted annually for inflation).
S. 1315 contains no private-sector mandates as defined in
UMRA.
The CBO staff contacts for this estimate are Mark Grabowicz
and Ben Christopher (for federal costs) and Melissa Merrell
(for the intergovernmental mandate). The estimate was approved
by Theresa Gullo, Assistant Director for Budget Analysis.
Regulatory Impact
Because S. 1315 does not create any new programs, the
legislation will have no additional regulatory impact, and will
result in no additional reporting requirements. The legislation
will have no further effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide the short title of the bill, the
Knife Owners' Protection Act of 2015.
Section 2. Interstate transport of knives.
This section would allow an individual who is lawfully
allowed to possess, transport, ship, or receive a knife at a
starting location to transport that knife to any other location
where that individual is allowed to possess, transport, ship,
or receive the knife.
During the transportation of a knife by motor vehicle, the
knife would not be allowed to be accessible from inside the
passenger compartment. If that is not possible, the knife must
be contained in a closed container, glove compartment, or
console. During the transportation of a knife in all other
modes of transport, the knife would be required to be in a
closed container.
An exception would be provided for the transportation of a
knife to enable the escape in an emergency (for instance, to
cut a seat belt). But the exception would not apply for an
individual who is subject to airport screening procedures of
the TSA.
The Act would prohibit the arrest or detention of an
individual who is transporting a knife in compliance with this
Act unless there is probable cause to believe that the
individual was not in compliance with the Act. It also would
allow an individual to assert this Act as a claim or defense in
any civil or criminal proceeding. Violations of this Act would
have to be proved beyond a reasonable doubt.
Nothing in this Act would limit the right of an individual
to possess, carry, or transport a knife under applicable State
law.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.