1. Whoever, through the use of interstate transportation, or through the airspace or territorial waters of the Republic, transports firearms, ammunition, alcohol, narcotics, or any controlled item to a state or local area where such person is prohibited from owning, carrying or possessing such items, is guilty of Interstate Smuggling.
  2. Interstate Smuggling shall be a Third Degree Felony; Provided, that if the smuggled item could endanger national security (including but not limited to weapons of mass destruction and nuclear or radioactive materials), or Interstate Smuggling is committed in connection with another Felony Offence, Interstate Smuggling shall be enhanced to a Second Degree Felony.