THE BRADY BILL
FIREARMS SECTION OF THE CRIME BILL of 1994
Title XI Firearms
Subtitle A--Assault WeaponsSEC. 110101. SHORT TITLE.
This subtitle may be cited as the `Public Safety and Recreational Firearms Use Protection Act'.
SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.(a) RESTRICTION- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:
`(v)(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.
`(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.
`(3) Paragraph (1) shall not apply to--
`(A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A to this section, as such firearms were manufactured on October 1, 1993;
`(B) any firearm that--
`(i) is manually operated by bolt, pump, lever, or slide action;
`(ii) has been rendered permanently inoperable; or
`(iii) is an antique firearm;
`(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or
`(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.
The fact that a firearm is not listed in Appendix A shall not be construed to mean that paragraph (1) applies to such firearm. No firearm exempted by this subsection may be deleted from Appendix A so long as this subsection is in effect. `(4) Paragraph (1) shall not apply to--
`(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);
`(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or
`(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.'.
(b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON- Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:
`(30) The term `semiautomatic assault weapon' means--
`(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as--
`(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
`(vi) SWD M-10, M-11, M-11/9, and M-12;
`(vii) Steyr AUG;
`(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
`(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;
`(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--
`(i) a folding or telescoping stock;
`(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
`(iii) a bayonet mount;
`(iv) a flash suppresser or threaded barrel designed to accommodate a flash suppresser; and
`
(v) a grenade launcher;`(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--
`(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
`(ii) a threaded barrel capable of accepting a barrel extender, flash suppresser, forward hand grip, or silencer;
`(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non trigger hand without being burned;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
`(v) a semiautomatic version of an automatic firearm; and
`(D) a semiautomatic shotgun that has at least 2 of--
`(i) a folding or telescoping stock;
`(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
`(iii) a fixed magazine capacity in excess of 5 rounds; and
`(iv) an ability to accept a detachable magazine.'.
(c) PENALTIES-
(1) VIOLATION OF SECTION 922(v)- Section 924(a)(1)(B) of such title is amended by striking `or (q) of section 922' and inserting `(r), or (v) of section 922'.
(2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME- Section 924(c)(1) of such title is amended in the first sentence by inserting `, or semiautomatic assault weapon,' after `short-barreled shotgun,'.
(d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS- Section 923(i) of such title is amended by adding at the end the following: `The serial number of any semiautomatic assault weapon manufactured after the date of the enactment of this sentence shall clearly show the date on which the weapon was manufactured.'.
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SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.(a) PROHIBITION- Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection:
`(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.
`(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.
`(3) This subsection shall not apply to--
`(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);
`(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
`(ii) Action Arms Israeli Military Industries UZI and Galil;
`(iii) Beretta Ar70 (SC-70);
`(iv) Colt AR-15;
`(v) Fabrique National FN/FAL, FN/LAR, and FNC;
`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon such retirement; or
`(D) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.'.
`(4) If a person charged with violating paragraph (1) asserts that paragraph (1) does not apply to such person because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of title 18, United States Code, shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).'.
(b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE- Section 921(a) of title 18, United States Code, as amended by section 110102(b), is amended by adding at the end the following new paragraph:
`(31) The term `large capacity ammunition feeding device'--
`(A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but
`(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rim fire ammunition.'.
(c) PENALTY- Section 924(a)(1)(B) of title 18, United States Code, as amended by section 110102(c)(1), is amended by striking `or (v)' and inserting `(v), or (w)'.
(d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES- Section 923(i) of title 18, United States Code, as amended by section 110102(d) of this Act, is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured or imported after the effective date of this subsection, and such other identification as the Secretary may by regulation prescribe.'.
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SEC. 110104. STUDY BY ATTORNEY GENERAL.(a) STUDY- The Attorney General shall investigate and study the effect of this subtitle and the amendments made by this subtitle, and in particular shall determine their impact, if any, on violent and drug trafficking crime. The study shall be conducted over a period of 18 months, commencing 12 months after the date of enactment of this Act.
(b) REPORT- Not later than 30 months after the date of enactment of this Act, the Attorney General shall prepare and submit to the Congress a report setting forth in detail the findings and determinations made in the study under subsection (a).
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SEC. 110105. EFFECTIVE DATE.This subtitle and the amendments made by this subtitle--
(1) shall take effect on the date of the enactment of this Act; and
(2) are repealed effective as of the date that is 10 years after that date.
SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.Section 922 of title 18, United States Code, is amended by adding at the end the following appendix:
`APPENDIX A
Center fire Rifles--Autoloaders Center fire Rifles--Lever & Slide Center fire Rifles--Bolt Action Center fire Rifles--Single Shot Drillings, Combination Guns, Double Rifles Rim fire Rifles-Autoloaders Rim fire Rifles--Lever & Slide Action Rim fire Rifles--Bolt Actions & Single Shots Competition Rifles--Center fire & Rim fire Shotguns--Autoloaders Shotguns--Slide Actions Shotguns--Over/Unders Shotguns--Side by Sides Shotguns--Bolt Actions & Single Shots Subtitle B--Youth Handgun Safety
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SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY, OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A JUVENILE.(a) OFFENSE- Section 922 of title 18, United States Code, as amended by section 110103(a), is amended by adding at the end the following new subsection:
`(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile--
`(A) a handgun; or
`(B) ammunition that is suitable for use only in a handgun.
`(2) It shall be unlawful for any person who is a juvenile to knowingly possess--
`(A) a handgun; or
`(B) ammunition that is suitable for use only in a handgun.
`(3) This subsection does not apply to--
`(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile--
`(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
`(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except--
`(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
`(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
`(iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and
`(iv) in accordance with State and local law;
`(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
`(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or `(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
`(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
`(5) For purposes of this subsection, the term `juvenile' means a person who is less than 18 years of age.
`(6)(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings.
`(B) The court may use the contempt power to enforce subparagraph (A).
`(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.'.
(b) PENALTIES- Section 924(a) of title 18, United States Code, is amended--
(1) in paragraph (1) by striking `paragraph (2) or (3) of'; and
(2) by adding at the end the following new paragraph:
`(5)(A)(i) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation.
`(ii) A juvenile is described in this clause if--
`(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(x)(2); and
`(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense.
`(B) A person other than a juvenile who knowingly violates section 922(x)--
`(i) shall be fined under this title, imprisoned not more than 1 year, or both; and
`(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both.'.
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(c) TECHNICAL AMENDMENT OF JUVENILE DELINQUENCY PROVISIONS IN TITLE 18, UNITED STATES CODE-
(1) SECTION 5031- Section 5031 of title 18, United States Code, is amended by inserting `or a violation by such a person of section 922(x)' before the period at the end.
(2) SECTION 5032- Section 5032 of title 18, United States Code, is amended--(A) in the first undesignated paragraph by inserting `or (x)' after `922(p)'; and
(B) in the fourth undesignated paragraph by inserting `or section 922(x) of this title,' before `criminal prosecution on the basis'.
(d) TECHNICAL AMENDMENT OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974- Section 223(a)(12)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is amended by striking `which do not constitute violations of valid court orders' and inserting `(other than an offense that constitutes a violation of a valid court order or a violation of section 922(x) of title 18, United States Code, or a similar State law).'(e) MODEL LAW- The Attorney General, acting through the Director of the National Institute for Juvenile Justice and Delinquency Prevention, shall--
(1) evaluate existing and proposed juvenile handgun legislation in each State;
(2) develop model juvenile handgun legislation that is constitutional and enforceable;
(3) prepare and disseminate to State authorities the findings made as the result of the evaluation; and
(4) report to Congress by December 31, 1995, findings and recommendations concerning the need or appropriateness of further action by the Federal Government.
Subtitle C--Licensure
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SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A PHOTOGRAPH AND FINGERPRINTS.(a) FIREARMS LICENSURE- Section 923(a) of title 18, United States Code, is amended in the second sentence by inserting `and shall include a photograph and fingerprints of the applicant' before the period.
(b) REGISTRATION- Section 5802 of the Internal Revenue Code of 1986 is amended by inserting after the first sentence the following: `An individual required to register under this section shall include a photograph and fingerprints of the individual with the initial application.'.
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SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION TO LICENSE. Section 923(d)(1) of title 18, United States Code, is amended--(1) by striking `and' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and inserting `; and'; and
(3) by adding at the end the following new subparagraph:
`(F) the applicant certifies that--
`(i) the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premise is located;
`(ii)(I) within 30 days after the application is approved the business will comply with the requirements of State and local law applicable to the conduct of the business; and
`(II) the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met; and
`(iii) that the applicant has sent or delivered a form to be prescribed by the Secretary, to the chief law enforcement officer of the locality in which the premises are located, which indicates that the applicant intends to apply for a Federal firearms license.'.
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SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION. Section 923(d)(2) of title 18, United States Code, is amended by striking `forty-five-day' and inserting `60-day'.
SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS. Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended to read as follows:`(ii) for ensuring compliance with the record keeping requirements of this chapter--
`(I) not more than once during any 12-month period; or
`(II) at any time with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee.'.
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SEC. 110305. REPORTS OF THEFT OR LOSS OF FIREARMS. Section 923(g) of title 18, United States Code, is amended by adding at the end the following new paragraph:`(6) Each licensee shall report the theft or loss of a firearm from the licensee's inventory or collection, within 48 hours after the theft or loss is discovered, to the Secretary and to the appropriate local authorities.'.
SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.Section 923(g) of title 18, United States Code, as amended by section 110405, is amended by adding at the end the following new paragraph:
`(7) Each licensee shall respond immediately to, and in no event later than 24 hours after the receipt of, a request by the Secretary for information contained in the records required to be kept by this chapter as may be required for determining the disposition of 1 or more firearms in the course of a bona fide criminal investigation. The requested information shall be provided orally or in writing, as the Secretary may require. The Secretary shall implement a system whereby the licensee can positively identify and establish that an individual requesting information via telephone is employed by and authorized by the agency to request such information.'.
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SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LICENSEES.Section 923 of title 18, United States Code, is amended by adding at the end the following new subsection:
`(1) The Secretary of the Treasury shall notify the chief law enforcement officer in the appropriate State and local jurisdictions of the names and addresses of all persons in the State to whom a firearms license is issued.'.
Subtitle D--Domestic Violence SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE.
(a) INTIMATE PARTNER DEFINED- Section 921(a) of title 18, United States Code, as amended by section 110103(b), is amended by inserting at the end the following new paragraph:
`(32) The term `intimate partner' means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.'.
(b) PROHIBITION AGAINST DISPOSAL OF FIREARMS- Section 922(d) of title 18, United States Code, is amended--
(1) by striking `or' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and inserting `; or'; and
(3) by inserting after paragraph (7) the following new paragraph:
`(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that--
`(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
`(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
`(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.'.
(c) PROHIBITION AGAINST RECEIPT OF FIREARMS- Section 922(g) of title 18, United States Code, is amended--
(1) by striking `or' at the end of paragraph (6);
(2) by inserting `or' at the end of paragraph (7); and
(3) by inserting after paragraph (7) the following:
`(8) who is subject to a court order that--
`(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
`(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
`(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
`(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury,'.
(d) STORAGE OF FIREARMS- Section 926(a) of title 18, United States Code, is amended--
(1) by striking `and' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting `; and'; and
(3) by inserting after paragraph (2) the following:
`(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.'.
(e) RETURN OF FIREARMS- Section 924(d)(1) of title 18, United States Code, is amended by striking `the seized' and inserting `or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished'.
Subtitle E--Gun Crime Penalties SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.
(a) AMENDMENT TO SENTENCING GUIDELINES- Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to provide an appropriate enhancement of the punishment for a crime of violence (as defined in section 924(c)(3) of title 18, United States Code) or a drug trafficking crime (as defined in section 924(c)(2) of title 18, United States Code) if a semiautomatic firearm is involved.
(b) SEMIAUTOMATIC FIREARM- In subsection (a), `semiautomatic firearm' means any repeating firearm that utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round and that requires a separate pull of the trigger to fire each cartridge.
SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate amendments to the sentencing guidelines to appropriately enhance penalties in a case in which a defendant convicted under section 844(h) of title 18, United States Code, has previously been convicted under that section.
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SEC. 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.Section 924 of title 18, United States Code, as amended by section 60013, is amended by adding at the end the following new subsection:
`(j) A person who, with intent to engage in or to promote conduct that--
`(1) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.);
`(2) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or
`(3) constitutes a crime of violence (as defined in subsection (c)(3),
smuggles or knowingly brings into the United States a firearm, or attempts to do so, shall be imprisoned not more than 10 years, fined under this title, or both.'.
SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES. (a) FIREARMS- Section 924 of title 18, United States Code, as amended by section 110203(a), is amended by adding at the end the following new subsection:
`(k) A person who steals any firearm which is moving as, or is a part of, or which has moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years, fined under this title, or both.'.
(b) EXPLOSIVES- Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection:
`(k) A person who steals any explosives materials which are moving as, or are a part of, or which have moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years, fined under this title, or both.'.
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