article: 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.''.
summary: 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.