S 246 · 119th Congress

Interstate Transport Act of 2025

knife rightsinterstate travelstate preemptioncriminal defenseself-defense laws
Share

Last action 2025-11-18

Sponsored by Sen. Budd, Ted [R-NC] (R) — NC

Click any stage to learn more about the legislative process.

Would allow any person legally permitted to possess a knife to transport it between two places where possession is lawful, as long as the knife is stored out of reach or in a locked container — and would bar arrest, and award attorney's fees and expungement, to travelers who comply.

The bill addresses a patchwork of differing state and local knife laws that can expose interstate travelers to criminal liability even when their conduct would be legal at both the start and end of their journey.

What this bill would do

What it would do

The bill would establish a federal right to transport a knife between any two places where that knife may be lawfully possessed, carried, or transported, notwithstanding conflicting state or local laws. To qualify, the traveler must store the knife so it is not directly accessible from the passenger compartment of a motor vehicle — or, in a vehicle with no separate compartment, in a locked container other than the glove box or console. For travel by non-motor-vehicle means, the knife must be in a locked container. Emergency seat-belt-cutter tools with blunt or guarded blades are exempt from the locked-container requirement. The bill explicitly does not preempt Transportation Security Administration rules governing aircraft cabins.

A compliant traveler could not be arrested for a state or local knife violation unless there is probable cause to believe the storage requirements were not met. If a person raises the bill as a claim or defense and prevails in a civil or criminal proceeding, the court would be required to award costs and reasonable attorney's fees — and, in a criminal case, to expunge all records of the arrest and proceedings.

Key provisions

  1. 1Would allow interstate transport of a lawfully owned knife, notwithstanding state or local prohibitions, provided storage requirements are met.Sec. 2(b)
  2. 2Would require that during motor vehicle transport, the knife not be directly accessible from the passenger compartment, or be secured in a locked container (not the glove box or console) in vehicles without a separate compartment.Sec. 2(b)(1)(A)
  3. 3Would exempt emergency seat-belt-cutter tools with blunt or guarded blades from the locked-container requirement, allowing them to be kept accessible in the passenger compartment.Sec. 2(c)
  4. 4Would prohibit arrest for a state or local knife violation if the person is transporting a knife in compliance with the bill's storage rules, absent probable cause of non-compliance.Sec. 2(d)
  5. 5Would require courts to award costs and reasonable attorney's fees to a person who prevails on this bill as a claim or defense in a civil or criminal action.Sec. 2(e)
  6. 6Would require courts to expunge all records of arrest, prosecution, and proceedings for a person who prevails on this bill as a defense in a criminal proceeding.Sec. 2(f)

Who would be affected

Individuals who travel across state or territorial lines with knives — including hunters, outdoor recreationists, tradespeople, and everyday commuters — who might otherwise face arrest under local knife laws. State and local law enforcement officers would be constrained from making knife-related arrests of compliant travelers. Defense attorneys and courts would also be affected by the mandatory fee-shifting and expungement provisions.

Why it matters

Travelers passing through jurisdictions with strict knife restrictions currently risk arrest and prosecution even when their conduct is legal where they started and where they are headed. This bill would give those travelers a federal shield against such enforcement and a meaningful remedy — mandatory attorney's fees and expungement — if they are arrested anyway, shifting the legal and financial risk of enforcement onto prosecuting authorities.

What would change

Agencies directed to act

Transportation Security Administration

Funding and costs

Congressional Budget Office estimate

CBO estimates that enacting S. 246, the Interstate Transport Act of 2025, would have no significant effect on the federal budget, with zero impact on direct spending, revenues, or the deficit over the 2025–2035 period.

CBO estimates that S. 246 would have no budgetary effect on direct (mandatory) spending, revenues, or the federal deficit in any year from 2025 through 2035, nor in any of the four consecutive 10-year periods beginning in 2036. The bill would allow people to transport knives across state and local jurisdictions where possession is legal, but it would not change any federal laws related to possessing or transporting knives, so no federal spending would be affected. CBO found that the bill contains an intergovernmental mandate — it would preempt certain state and local knife-possession and transportation laws — but estimates the costs to state and local governments would fall below the UMRA threshold ($103 million in 2025, adjusted for inflation). The bill contains no private-sector mandates as defined in the Unfunded Mandates Reform Act.

View the full CBO cost estimate

How implementation would work

The bill is largely self-executing: it creates a federal statutory right that travelers can assert as a claim or defense in any state civil or criminal proceeding. No agency rulemaking is required. Courts adjudicating knife-related charges would apply the storage-compliance standard and, upon a finding for the defendant, would be mandated to award attorney's fees and enter an expungement order. The TSA's existing cabin rules remain intact as a carve-out, preserving the separate regulatory regime for air travel.

Legislative status & sources

Latest action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 268.

2025-11-18

Official CRS summary

Show the CRS summary

This bill permits an individual to transport a knife between two places (e.g., states) where it is legal to possess, carry, or transport the knife. The knife must be transported in compliance with the bill's accessibility and secure storage requirements, unless it is an emergency knife or tool designed to cut seat belts.

An individual who is transporting a knife in compliance with this bill may not be arrested for a knife violation unless there is probable cause to believe the individual failed to comply with the accessibility or secure storage requirements.

From the Congressional Research Service.

Legislative subjects

Crime and Law Enforcement; Criminal procedure and sentencing; Intergovernmental relations; Legal fees and court costs; Motor vehicles; State and local government operations

Committee report

S. Rept. 119-96

Congressional Bill

Ask GovernmentReporter about this bill

Ask anything about this bill. The AI can look up referenced laws and statutes to provide context.

S 246: Interstate Transport Act of 2025 | Legislation Reporter