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S 246

Relates to resource exemptions for applicants for public assistance programs

2025 Regular Session Introduced by Jeremy Cooney and 4 co-sponsors

S.246 allows lawfully possessed knives to be transported across state lines with locked containers, preempting conflicting local bans for in-transit travel (air travel excluded).

REPORTED AND COMMITTED TO FINANCE
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Bill Summary · S 246

Summary — S.246: Interstate Transport Act of 2025

Note: the materials provided included an unrelated Massachusetts hearing-aid draft. This summary addresses the federal Senate bill S.246 (Interstate Transport Act of 2025), as reported in S. Rept. 119–96.

Purpose

S.246 seeks to protect the ability of law‑abiding citizens to transport knives across State and local jurisdictions where the knife is legal, by creating a federal rule similar in structure to the Firearms Owners’ Protection Act (FOPA). The bill aims to reduce the risk that travelers who legally possess knives in their origin and destination jurisdictions will be prosecuted while passing through jurisdictions that have stricter prohibitions.

Key provisions

  • Short title: “Interstate Transport Act of 2025.”
  • Definitions:
    • “State” includes the 50 States, DC, and U.S. territories (Puerto Rico, Guam, U.S. Virgin Islands, American Samoa, Northern Mariana Islands, etc.).
    • “Transport” includes typical travel‑related activities (overnight lodging, stops for food/fuel, delays, emergencies, common carrier misrouting) but excludes movement done with intent to commit a felony involving force (or reasonable belief such an offense will occur).
  • Interstate transport rule:
    • A person not otherwise barred by federal law from possessing knives may transport a knife for any lawful purpose from a place where the knife is legal to another place where it is legal, notwithstanding conflicting state or local laws, provided:
    • By motor vehicle: the knife is not directly accessible from the passenger compartment, or (if no separate compartment exists) is in a locked container other than the glove compartment or console.
    • By other means (including over land or water): the knife is contained in a locked container.
    • Transport in the cabin of a passenger aircraft is excluded (subject to TSA rules and regulations).
  • Emergency‑knife exception:
    • Blunt‑tipped or guarded blades specifically designed to cut safety belts for emergency escape may be carried accessible in the passenger compartment and are not required to be secured in a locked container. This exception does not apply to passenger‑aircraft cabins.
  • Law enforcement, courts, remedies:
    • A person transporting in compliance may not be arrested under state/local knife laws unless there is probable cause of noncompliance.
    • If a person asserts the statute as a claim or defense and prevails, the court must award costs and reasonable attorney’s fees.
    • If the person prevails in a criminal proceeding, the court must order expungement of arrest records, charging documents, and results related to that offense.
  • Construction: the Act does not limit any State law rights to possess, carry, or transport knives.

Who is affected

  • Primary: people lawfully possessing knives who travel across State or territorial lines.
  • Secondary: state and local governments (some state/local knife prohibitions would be preempted for in‑transit conduct that meets the statute’s conditions), law enforcement, courts.
  • Exempted/unchanged: persons otherwise prohibited under federal law from possessing knives; transport in aircraft cabins remains governed by TSA and federal aviation/security law.

Budgetary and regulatory impact

  • Congressional Budget Office (CBO) estimates: no effect on federal spending.
  • The bill creates an intergovernmental preemption/mandate but CBO estimates state/local compliance costs would be below the Unfunded Mandates Reform Act threshold.
  • No new federal programs or reporting requirements.

Legislative status and timeline

  • Introduced in the Senate: January 24, 2025 (sponsors include Sen. Ted Budd, with cosponsors such as Wyden, Crapo, Heinrich, Daines, Peters, Risch, Lummis, Barrasso).
  • Committee: Referred to Senate Committee on Commerce, Science, and Transportation.
  • Committee action: Reported favorably without amendment (voice vote); S. Rept. 119–96 issued Nov. 18, 2025. Placed on Senate Legislative Calendar (Calendar No. 268).
  • Current status (as of the latest documents): Reported and committed to finance / placed on Senate calendar; next steps would be floor consideration (not yet passed by the Senate).

Practical implications and considerations

  • The bill reduces the legal risk faced by travelers carrying knives legally under origin/destination laws, but it preempts conflicting state/local rules only for qualifying in‑transit conduct.
  • Enforcement questions may arise regarding what constitutes being “directly accessible” or adequate locked‑container storage; courts will likely resolve disputes through the statutory defense mechanism.
  • Law enforcement retains authority to arrest where probable cause indicates noncompliance or criminal intent.

For the full text and committee report, see S.246 and Senate Report No. 119–96 (Committee on Commerce, Science, and Transportation).

Compiled from official sources — confirm details with the bill’s official record.

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