II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Criminal Gang Activity 

5 Act of 2004’’. 

6 SEC. 2. AMENDMENT TO TITLE 18. 

7 Section 922(g) of title 18, United States Code, is 

8 amended— 

9 (1) in paragraph (8), by striking ‘‘or’’ after the 

10 semicolon; 
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1 (2) in paragraph (9), by striking the comma at 

2 the end and inserting ‘‘; or’’; and 

3 (3) by adding after paragraph (9) the following: 

4 ‘‘(10) who participates in a criminal street gang 

5 as described in subsection (z);’’. 

6 SEC. 3. CRIMINAL STREET GANGS. 

7 Section 922 of title 18, United States Code, is 

8 amended by adding at the end thereof the following: 

9 ‘‘(z) As used in subsection (g)(10): 

10 ‘‘(1) The term ‘criminal street gang’ means a 

11 formal or informal group, club, organization, or as12 sociation of 3 or more individuals, who act in con13 cert, or agree to act in concert, with a purpose that 

14 any of these persons alone, or in any combination, 

15 commit or will commit, 2 or more predicate gang 

16 crimes, 1 of which occurs after the date of enact17 ment of this subsection and the last of which occurs 

18 not later than 10 years (excluding any period of im19 prisonment) after the commission of a prior predi20 cate gang crime, provided that the activities of the 

21 criminal street gang affect interstate or foreign com22 merce. 

23 ‘‘(2) The term ‘predicate gang crime’ means— 

24 ‘‘(A) any act or threat, or attempted act or 

25 threat, which is chargeable under Federal or 
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1 State law and punishable by imprisonment for 

2 more than 1 year, involving murder, attempted 

3 murder, manslaughter, gambling, kidnapping, 

4 robbery, extortion, arson, obstruction of justice, 

5 tampering with or retaliating against a witness, 

6 victim, or informant, burglary, sexual assault, 

7 carjacking, or manufacturing, importing, distrib8 uting, possessing with intent to distribute, or 

9 otherwise dealing in a controlled substance or 

10 listed chemicals (as those terms are defined in 

11 section 102 of the Controlled Substances Act (21 

12 U.S.C. 802)); 

13 ‘‘(B) any act punishable by imprisonment 

14 for more than 1 year under section 844 (relat15 ing to explosive materials), section 922(g)(1) 

16 (where the underlying conviction is a serious 

17 violent felony (as defined in section 

18 3559(c)(2)(F) of this title) or is a serious drug 

19 offense (as defined in section 942(e)(2)(A) of 

20 this title), or subsection (a)(2), (b), (c), (g), or 

21 (h) of section 924 (relating to receipt, posses22 sion, and transfer of firearms), sections 1028 

23 and 1029 (relating to fraud and related activity 

24 in connection with identification documents or 

25 access devices), section 1503 (relating to ob-
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1 struction of justice), section 1510 (relating to 

2 obstruction of criminal investigations), section 

3 1512 (relating to tampering with a witness, vic4 tim, or informant), or section 1513 (relating to 

5 retaliating against a witness, victim, or inform6 ant), section 1951 (relating to interference with 

7 commerce, robbery or extortion), section 1952 

8 (relating to racketeering), section 1956 (relat9 ing to the laundering of monetary instruments), 

10 section 1957 (relating to engaging in monetary 

11 transactions in property derived from specified 

12 unlawful activity), section 1958 (relating to use 

13 of interstate commerce facilities in the commis14 sion of murder-for-hire), sections 2312 through 

15 2315 (relating to interstate transportation of 

16 stolen motor vehicles or stolen property); or 

17 ‘‘(C) any act involving the Immigration 

18 and Nationality Act, section 274 (relating to 

19 brining in and harboring certain aliens), section 

20 277 (relating to aiding or assisting certain 

21 aliens to enter the United States), or section 

22 278 (relating to importation of alien for im23 moral purpose). 

24 ‘‘(3) The term ‘State’ means each of the several 

25 States of the United States, the District of Colum-
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1 bia, and any commonwealth, territory, or possession 

2 of the United States. 

3 ‘‘(4) The term ‘participates in a criminal street 

4 gang’ means— 

5 ‘‘(A) to participate in a criminal street 

6 gang by committing, or conspiring or attempt7 ing to commit, 2 or more predicate gang 

8 crimes— 

9 ‘‘(i) in furtherance or in aid of the ac10 tivities of a criminal street gang; or 

11 ‘‘(ii) for the purpose of gaining en12 trance to or maintaining or increasing po13 sition in such a gang; or 

14 ‘‘(B) to employ, use, command, counsel, 

15 persuade, induce, entice, or coerce any indi16 vidual to commit, cause to commit, or facilitate 

17 the commission of, a predicate gang crime— 

18 ‘‘(i) in furtherance or in aid of the ac19 tivities of a criminal street gang; or 

20 ‘‘(ii) for the purpose of gaining en21 trance to or maintaining or increasing po22 sition in such a gang.’’. 

Æ