Criminal Gang Activity Act of 2004 - Amends the Brady Handgun Violence Prevention Act to prohibit anyone who participates in a criminal street gang from possessing firearms or ammunition. Defines such participation as committing, or conspiring or attempting to commit, two or more predicate gang crimes, or inducing or facilitating the commission of a predicate gang crime, in furtherance of gang activities or for the purpose of gang membership or position.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2333 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2333
To prohibit members of criminal street gangs from possessing firearms.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 21, 2004
Mr. Allen introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit members of criminal street gangs from possessing firearms.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Gang Activity Act of
2004''.
SEC. 2. AMENDMENT TO TITLE 18.
Section 922(g) of title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' after the
semicolon;
(2) in paragraph (9), by striking the comma at the end and
inserting ``; or''; and
(3) by adding after paragraph (9) the following:
``(10) who participates in a criminal street gang as
described in subsection (z);''.
SEC. 3. CRIMINAL STREET GANGS.
Section 922 of title 18, United States Code, is amended by adding
at the end thereof the following:
``(z) As used in subsection (g)(10):
``(1) The term `criminal street gang' means a formal or
informal group, club, organization, or association of 3 or more
individuals, who act in concert, or agree to act in concert,
with a purpose that any of these persons alone, or in any
combination, commit or will commit, 2 or more predicate gang
crimes, 1 of which occurs after the date of enactment of this
subsection and the last of which occurs not later than 10 years
(excluding any period of imprisonment) after the commission of
a prior predicate gang crime, provided that the activities of
the criminal street gang affect interstate or foreign commerce.
``(2) The term `predicate gang crime' means--
``(A) any act or threat, or attempted act or
threat, which is chargeable under Federal or State law
and punishable by imprisonment for more than 1 year,
involving murder, attempted murder, manslaughter,
gambling, kidnapping, robbery, extortion, arson, obstruction of
justice, tampering with or retaliating against a witness, victim, or
informant, burglary, sexual assault, carjacking, or manufacturing,
importing, distributing, possessing with intent to distribute, or
otherwise dealing in a controlled substance or listed chemicals (as
those terms are defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802));
``(B) any act punishable by imprisonment for more
than 1 year under section 844 (relating to explosive
materials), section 922(g)(1) (where the underlying
conviction is a serious violent felony (as defined in
section 3559(c)(2)(F) of this title) or is a serious
drug offense (as defined in section 942(e)(2)(A) of
this title), or subsection (a)(2), (b), (c), (g), or
(h) of section 924 (relating to receipt, possession,
and transfer of firearms), sections 1028 and 1029
(relating to fraud and related activity in connection
with identification documents or access devices),
section 1503 (relating to obstruction of justice),
section 1510 (relating to obstruction of criminal
investigations), section 1512 (relating to tampering
with a witness, victim, or informant), or section 1513
(relating to retaliating against a witness, victim, or
informant), section 1951 (relating to interference with
commerce, robbery or extortion), section 1952 (relating
to racketeering), section 1956 (relating to the
laundering of monetary instruments), section 1957
(relating to engaging in monetary transactions in
property derived from specified unlawful activity),
section 1958 (relating to use of interstate commerce
facilities in the commission of murder-for-hire),
sections 2312 through 2315 (relating to interstate
transportation of stolen motor vehicles or stolen
property); or
``(C) any act involving the Immigration and
Nationality Act, section 274 (relating to brining in
and harboring certain aliens), section 277 (relating to
aiding or assisting certain aliens to enter the United
States), or section 278 (relating to importation of
alien for immoral purpose).
``(3) The term `State' means each of the several States of
the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
``(4) The term `participates in a criminal street gang'
means--
``(A) to participate in a criminal street gang by
committing, or conspiring or attempting to commit, 2 or
more predicate gang crimes--
``(i) in furtherance or in aid of the
activities of a criminal street gang; or
``(ii) for the purpose of gaining entrance
to or maintaining or increasing position in
such a gang; or
``(B) to employ, use, command, counsel, persuade,
induce, entice, or coerce any individual to commit,
cause to commit, or facilitate the commission of, a
predicate gang crime--
``(i) in furtherance or in aid of the
activities of a criminal street gang; or
``(ii) for the purpose of gaining entrance
to or maintaining or increasing position in
such a gang.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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