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Problematic Knife Transport Bill Voted Out of Senate
Committee
 The Senate Commerce
Committee today reported S.1092,
the Interstate Transport Act of 2018, out of committee. Sponsored by Senator
Mike Enzi (R-WY), S.1092 attempts to protect knife owners traveling
interstate with knives. This bill is a weaker and problematic version of
Knife Rights' Knife Owners' Protection Act (KOPA). S.1092 would
theoretically provide safe harbor to someone traveling with knives where
it is lawful for the knives to be possessed at both the points of origin
and destination, so long as the knives are secured and inaccessible
during the intervening travel.
While the sponsor amended the bill to
accommodate a number of very serious problematic issues raised by Knife
Rights in the original version of the bill, unfortunately S.1092 would
still leave knife owners at peril when they need its protections the
most. In those states where they are most at risk, such as New York and
New Jersey, for example, it lacks critically important provisions to
ensure their protection.
S.1092 does not include a right of action
which would provide for persons unlawfully detained for transporting
their knives properly secured in compliance with the act to seek
financial compensation from a jurisdiction that ignores the intent of
Congress to protect these travels. Without a strong right of action,
there is no deterrent-biased and rogue jurisdictions would have no
incentive to follow the law.
Acting with impunity, without fear of any
meaningful recourse from their law-abiding victims, these rogue
jurisdictions will further persecute citizens who attempt to defend
themselves from illegal, and unjust or misguided enforcement actions. A
robust right of action holds jurisdictions financially accountable for
the victim's losses if they willfully ignore the law. A strong right of
action causes jurisdictions to consider these adverse repercussions
before they arrest or prosecute an individual that is protected under the
act.
The unfortunate reality is that were this
bill to become law, it would actually put many knife owners at greater
risk of prosecution, financial jeopardy or ruin and loss of civil rights
because they would believe themselves protected, when they were actually
not. This is particularly the case in states and cities with very
restrictive knife laws where they are currently wary of breaking the law.
It would provide knife owners an unjustified false sense of security that
could trap the unwary.
S. 1092 also does not include repeal of
the Federal Switchblade Act (FSA). The FSA is a failed law dating from
1958 that adversely impacts interstate trade and shipping of automatic
knives. These knives are legal to own in 45 states, the majority
with no or minimal restrictions, 32 allowing everyday carry. Keeping the
FSA on the books does nothing but cost jobs, revenue and lessens consumer
choice. Knife Rights has been responsible for repealing 16 state bans and
restrictions on switchblade knives in the last 8 1/2 years. It is well
past time for the FSA to go away.
Doug Ritter, Chairman of Knife Rights,
noted: "While I am glad that much needed knife issues are getting
attention in the Senate, S.1092 is not legislation that will truly
protect knife owners. A bill with a strong right of action and
repeal of the Federal Switchblade Act will provide actual and vital
protection and relief that knife owners, retailers, and manufacturers
need. We have worked with Senator Enzi and others to strengthen the
Interstate Transportation Act, but unfortunately, they did not make the
changes needed for Knife Rights to support this bill. We are pleased that
Senator Wicker will be introducing a Senate companion to the Knife
Owners' Protection Act, and look forward to working with our many
industry supporters in helping him advance that legislation."
Knife Rights' record of 29 bills repealing knife bans at the state
and local levels in 21 states in the past 8 1/2 years is unrivaled. With
your support, Knife Rights is rewriting knife law in America™.
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