[Federal Register Volume 60, Number 238 (Tuesday, December 12, 1995)]
[Notices]
[Pages 63726-63731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30221]



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[[Page 63727]]


DEPARTMENT OF JUSTICE

Bureau of Justice Statistics
[OJP No. 1069]
RIN 1121-ZA26


National Criminal History Improvement Program (``NCHIP'') 
Advanced State Award Program (``ASAP'')

November 7, 1995.
AGENCY: Department of Justice, Office of Justice Programs, Bureau of 
Justice Statistics.

ACTION: Notice of program plan.

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SUMMARY: The Bureau of Justice Statistics (BJS) is publishing this 
notice to announce the initiation of the National Criminal History 
Improvement Program (NCHIP) Advanced State Award Program (ASAP). The 
grant program implements the grant provisions of the Brady Handgun 
Violence Prevention Act and the National Child Protection Act of 1993, 
and those provisions of the Violent Crime Control and Law Enforcement 
Act of 1994, which pertain to the establishment, maintenance, or use of 
criminal history records and criminal record systems.

DATES: Eligible states must submit applications on or before December 
31, 1995.

ADDRESSES: Applications should be sent to Application Coordinator, the 
Bureau of Justice Statistics, 633 Indiana Avenue, N.W., 11th Floor, 
Washington, D.C. 20531.

FOR FURTHER INFORMATION CONTACT: Carol G. Kaplan, Chief, Criminal 
History Improvement Programs, (202) 307-0759. The BJS fax number is 
(202) 307-5846.

SUPPLEMENTARY INFORMATION:

The National Criminal History Improvement Program

    The National Criminal History Improvement Program (NCHIP) 
implements the grant provisions of the Brady Handgun Violence 
Prevention Act (Brady Act), 103 Pub.L. 159, 107 Stat. 1563, the 
National Child Protection Act of 1993, 103 Pub.L. 209, 107 Stat. 2490, 
and those provisions of the Violent Crime Control Act of 1994, 103 
Pub.L. 322, 108 Stat. 1796, which pertain to the improvement of 
criminal history record systems.
    The appropriation for the NCHIP program in Fiscal Year 1995 was 
$100 Million. Of this amount, $6 Million was transferred to the FBI to 
support implementation of the National Instant Criminal Background 
Check System (NICS), $5 Million was awarded for program evaluation, 
firearm related research, and state technical assistance, and $88 
Million is for direct awards to the states.
    The NCHIP ``core'' program, as described in the Program 
Announcement issued by the Bureau of Justice Statistics (BJS) in 
November 1994, assists states in improving the quality and 
accessibility of criminal history records in support of the national 
record system, NICS. $83 Million was designated for this component of 
the NCHIP program. Consistent with legislative preference for states 
with the least advanced computerized criminal history files, $5 Million 
of this $83 Million represents supplemental awards to 5 states 
designated as least-advanced priority states.
    The Advanced State Award Program (ASAP), formerly referred to as 
the ``extended core'' program, is supported with $5 Million from the 
Fiscal Year 1995 appropriation.
    The NCHIP program builds on earlier efforts supported by the Bureau 
of Justice Statistics and the Bureau of Justice Assistance (BJA). These 
include the BJS-administered Criminal History Record Improvement 
Program (CHRI) and the BJA-administered Byrne Formula 5% set-aside 
program. As described in the November 1994 program announcement, NCHIP 
is closely coordinated with the Byrne Formula program and with related 
activities being undertaken by the FBI and the Bureau of Alcohol, 
Tobacco, and Firearms.

The Advanced State Award Program

    The goal of the NCHIP Advanced State Award Program (ASAP) is to 
assist states in the identification of persons other than felons who 
are prohibited from purchasing firearms under 18 U.S.C. Sec. 922(g) and 
(n), as amended. This effort supports the goal of the permanent system 
established under Section 102(b) of the Brady Act by enhancing the 
effectiveness of the National Instant Criminal Background Check System 
(NICS).
    The focus of the Advanced State Award Program is on the specific 
provisions (other than those pertaining to disqualified convicted 
felons) of 18 U.S.C. Sec. 922 (g) and (n), as amended by the Violent 
Crime Control Act of 1994, for which relevant data are available in 
state and local databases. The Federal Bureau of Investigation is 
implementing the Federal segment of the NICS and will make available to 
states, through the NICS, data which are available from or through the 
Federal systems.
    Applications for funding under the Advanced State Award Program 
should focus on one or more of the following categories of persons 
prohibited from purchase of firearms:
    Anyone who--

--is an unlawful user of, or addicted to, any controlled substance;
--has been adjudicated as a mental defective or been committed to a 
mental institution;
--is an alien who is illegally or unlawfully in the United States;
--is subject to any court order restraining them from threatening or 
committing acts of domestic violence or abuse;
--is under indictment for an offense punishable by imprisonment for 
more than 1 year.

    The objective of the Advanced State Award Program is to build a 
body of knowledge on the access and retrieval of data on these 
categories of prohibited persons for use by all the states; applicants 
should not focus exclusively on benefits to their own state.
    Definitions: Final Regulations defining the categories stated above 
have not yet been issued. Pending release of such final definitions, 
applicants may refer to Appendix B for the current working definitions 
of prohibited classes other than felons. States will be advised of any 
changes in such definitions where applicable.
    States should recognize that the definitions in Appendix B may be 
narrower than applicable definitions for prohibited firearm purchasers 
under state legislation. For purposes of the ASAP program, applicable 
state definitions which place broader restrictions on purchase of 
firearms may be used in defining eligible projects in those states. In 
those states, applicants should cite relevant state legislation, where 
pertinent.

Eligibility Criteria

    To be eligible to apply for additional NCHIP funding under the 
Advanced State Award Program, a state must be a participant in the 
FBI's Interstate Identification Index (III) at the date of application. 
The same agency that submitted the state's original NCHIP application 
should submit the state's application for ASAP funding. If an exception 
is necessary (for example, in the case of a successor agency), contact 
your BJS grant monitor.

Allowable Costs

    Costs associated with developing access to databases on persons 
other than felons, who are ineligible to purchase a firearm, are 
allowed. 

[[Page 63728]]

    ASAP funds can be used to:

--investigate the existence and completeness of noncriminal history 
data bases;
--evaluate the feasibility of accessing relevant noncriminal justice 
data systems for purposes of background checks;
--create or upgrade noncriminal justice data bases;
--develop and/or implement protocols for accessing such systems and, 
where appropriate, incorporate such data into criminal history systems;
--develop and implement procedures for making data on prohibited 
persons other than felons available to the national NICS;
--develop and implement necessary protocols to ensure privacy and 
confidentiality of identifiable data;
--document activities, protocols, and systems to assist other 
jurisdictions in developing similar capabilities.

    Where the system or procedures to be established or upgraded are 
not maintained by a criminal justice agency or the agency charged with 
implementation of the Brady Act, a justification for such proposed 
expenditures must be included with the application.
    Consistent with NCHIP program policy applicable to systems which 
serve purposes other than the identification of prohibited persons, 
ASAP funds are allowable to cover only that portion of system 
development and implementation costs which support the NCHIP and ASAP 
goals and objectives as defined in the NCHIP Program Announcement and 
discussed above. Therefore, the applicant must determine (and the 
application must include) a reasonable cost estimate for that portion 
of a proposed effort which meets these objectives.

The Application

    The application must contain a clear and concise description of the 
project proposed for funding and a statement of the benefits to be 
derived from the project both within the state and for other 
jurisdictions. A complete budget (including applicable proration 
information, where appropriate) and budget narrative must also be 
included. The budget should indicate costs associated with each task 
proposed for funding.
    As in the original NCHIP application, the application should 
indicate any linkages between what is being proposed and activities of 
a similar nature that have been funded with state funds, or with funds 
made available under the Byrne Formula program. The application should 
also describe the relationship, if any, between the proposed efforts 
and the activities being funded under the state's NCHIP award.
    See Appendix A, ``Application and Administrative Requirements,'' 
for other information which should be included in the application.
    BJS recognizes that, in some cases, an extended core activity was 
proposed in the state's original NCHIP application. In order to 
minimize state effort, the same, or a revised version, of the 
previously submitted project description may be resubmitted for the 
state's ASAP application.

Selection Criteria

    Applications will be judged on a competitive basis. This means that 
some applications may not be selected for funding. Applications from 
different states which address the same kind of prohibited database 
will be judged against each other, although more than one may be 
funded.
    Applications will be evaluated on the basis of the following 
factors:
    <bullet> Evidence of the state's commitment to participate in and 
support the NICS, consistent with the Attorney General's Notice in the 
Federal Register on June 1, 1994;
    <bullet> The extent to which the state has implemented an advanced 
criminal history record system (in terms of automation, arrest and 
disposition reporting, fingerprint supported records, and other 
relevant factors) or has provided evidence that plans are currently 
being implemented to achieve such a high level of operation;
    <bullet> The extent to which the proposed development, use, or 
enhancement of innovative procedures, or the development and 
implementation of databases and/or operating policies, will be of value 
to other jurisdictions;
    <bullet> The technical feasibility of the proposal and the extent 
to which the proposal appears reasonable in light of the state's 
current level of system development and statutory framework;
    <bullet> The extent to which the state has demonstrated commitment 
to the improvement of criminal record systems through efforts supported 
with state funds or awards under the BJS administered CHRI program, the 
NCHIP program or the Byrne Formula program;
    <bullet> Reasonableness of the budget and the nature of the 
proposed expenditures.

When May A State Apply?

    Applications for funding under the Advanced State Award Program 
will be accepted until December 31, 1995.

What is the Maximum Dollar Amount for Which A State May Apply?

    In general, the maximum award will not exceed $250,000 per state. 
If states wish to submit combined applications, larger award amounts 
will be considered.

When Will Awards Be Made?

    The selection of applications to be funded with funds appropriated 
in Fiscal Year 1995 will be made after the December 31 deadline. Awards 
will be announced no later than March 15, 1996. Projects can be 
scheduled for up to 24 months.

Appendix A

Application and Administrative Requirements

Application Content

    All applicants must submit:
    <bullet> Standard Form 424, Application for Federal Assistance.
    <bullet> Standard Form 424A, Budget Information.
    <bullet> OJP Form 4000/3 (Rev. 1-93), Program Narrative and 
Assurances.
    <bullet> OJP Form 4061/6 Certifications.
    <bullet> OJP Form 7120/1 (Rev. 1-93), Accounting System and 
Financial Capability Questionnaire (to be submitted by applicants 
who have not previously received Federal funds).
    Applicants are requested to submit an original and two copies of 
the application and certifications to the following address: 
Application Coordinator, Bureau of Justice Statistics, 633 Indiana 
Avenue, NW, Washington, DC 20531, Phone: (202) 616-3500.
    Standard Form 424 (SF-424). The SF-424, a one page sheet with 18 
items, serves as a cover sheet for the entire application. This form 
is required for every application for Federal assistance. No 
application can be accepted without a completed, signed original SF-
424. Directions to complete each item are included on the back of 
the form.
    Standard Form 424A (SF-424A). All applications must include SF-
424A, Budget Information for all years of project activity. 
Applicants should ensure that all appropriate columns and rows 
balance. Directions to complete this form are found on page 3 of SF-
424A.
    Detailed Budget. Applicants must provide a detailed 
justification for all costs including the basis for computation of 
these costs. For example, the detailed budget would include the 
salaries of staff involved in the project and the portion of those 
salaries to be paid from the award; fringe benefits paid to each 
staff person; travel costs related to the project; equipment to be 
purchased with the award funds; and supplies required to complete 
the project.
    Budget Narrative. The budget narrative closely follows the 
content of the detailed budget. The narrative should relate the 
items budgeted to specific tasks and allowable cost categories and 
should provide a justification and explanation for the budgeted 
items 

[[Page 63729]]
including the criteria and data used to arrive at the estimates for 
each budget category. Please note applications that include 
noncompetitive contracts for the provision of specific services must 
contain a sole source justification for any procurement in excess of 
$25,000.
    The budget narrative should indicate amounts to be made 
available to agencies other than the grant recipient (for example, 
the agency with responsibility for CCH, the courts, local agencies.)
    Program Narrative. All applications must include a program 
narrative which fully describes the expected design and 
implementation of the proposed program. OJP Form 4000/3 (Rev. 1-93) 
provides additional detailed instructions for preparing the program 
narrative.
    The narrative should include a time line of activities 
indicating, for each proposed activity, the projected duration of 
the activity, expected completion date, and any products expected.
    The application should include a description of the roles and 
responsibilities of key organizational and/or functional components 
involved in project activities; and a list of key personnel 
responsible for managing and implementing the major elements of the 
program.
    Assurances. OJP Form 4000/3 (Rev. 1-93) must be included in the 
application submission. If submitting this form separate from the 
SF-424, the applicant must sign and date the form to certify 
compliance with the Federal statutes, regulations, and requirements 
as cited.
    Certification Regarding Lobbying; Debarment, Suspension, and 
Other Responsibility Matters; and Drug-Free Workplace. Applicants 
should refer to the regulations cited in OJP Form, 4061/6 to 
determine the certification to which they are required to attest. A 
copy of OJP Form 4061/6 can be obtained from the BJS Application 
Coordinator. Applicants should also review the instructions for 
certification included in the regulations before completing this 
form. Signature of this form provides for compliance with 
certification requirements under 28 CFR Part 69, ``New Restrictions 
on Lobbying,'' and 28 CFR Part 67, ``Government-wide Debarment and 
Suspension (Nonprocurement) and Government-wide Requirements for 
Drug-Free Workplace (Grants).'' The certifications shall be treated 
as a material representation of fact upon which reliance will be 
placed when the U.S. Department of Justice determines to award the 
covered transaction, grant, or cooperative agreement.

Financial and Administrative Requirements

    Discretionary grants are governed by the provisions of OMB 
Circulars applicable to financial assistance. The circulars, with 
additional information and guidance, are contained in the 
``Financial and Administrative Guide for Grants,'' Office of Justice 
Programs, Guideline Manual, M7100, available from the Office of 
Justice Programs. This guideline manual, provided upon request, is 
intended to assist grantees in the administration of funds and 
includes information on allowable costs, methods of payment, Federal 
rights of access to records, audit requirements, accounting systems, 
and financial records.
    Complete and accurate information is required relative to the 
application, expenditure of funds, and program performance. The 
consequences of failure to comply with program guidelines and 
requirements will be determined at the discretion of the Department.

Civil Rights Obligations

    All applicants for Federal financial assistance must sign 
Certified Assurances that they are in compliance with the Federal 
laws and regulations which prohibit discrimination in any program or 
activity that receives such Federal funds. Section 809(c), Omnibus 
Crime Control & Safe Streets Act of 1968, 42 U.S.C. Sec. 3789d, 
provides that:
    No person in any State shall on the ground of race, color, 
religion, national origin, or sex be excluded from participation in, 
be denied the benefits of, or be subjected to discrimination under, 
or denied employment in connection with any program or activity 
funded in whole or in part with funds made available under this 
title.
    Section 504 of the Rehabilitation Act of 1973, and Title II of 
the Americans With Disabilities Act prohibit discrimination on the 
basis of disability.
    The applicant agency must discuss how it will ensure 
nondiscriminatory practices as they relate to:
    (1) Delivery of services or benefits--to ensure that individuals 
will not be denied access to services or benefits under the program 
or activity on the basis of race, color, religion, national origin, 
gender, age, or disability;
    (2) Employment practices--to ensure that its personnel in the 
program or activity are selected for employment without regard to 
race, color, religion, national origin, gender, age, or disability; 
and
    (3) Program participation--to ensure members of any planning, 
steering or advisory board, which is an integral part of the program 
or activity, are not excluded from participation on the basis of 
race, color, religion, national origin, gender, age or disability; 
and to encourage the selection of such members who are reflective of 
the diversity in the community to be served.

Audit Requirement

    In October 1984, Congress passed the Single Audit Act of 1984. 
On April 12, 1985, the Office of Management and Budget issued 
Circular A-128, ``Audits of State and Local Governments'' which 
establishes regulations to implement the Act. OMB Circular A-128, 
``Audits of State and Local Governments,'' outlines the requirements 
for organizational audits which apply to BJS grantees.

Disclosure of Federal Participation

    Section 8136 of the Department of Defense Appropriations Act 
(Stevens Amendment), enacted in October 1988, requires that, ``when 
issuing statements, press releases for proposals, bid solicitations, 
and other documents describing projects or programs funded in whole 
or in part with Federal money, all grantees receiving Federal funds, 
including but not limited to State and local governments, shall 
clearly state (1) the percentage of the total cost of the program or 
project which will be financed with Federal money, and (2) the 
dollar amount of Federal funds for the project or program.''

Intergovernmental Review of Federal Programs

    Federal Executive Order 12372, ``Intergovernmental Review of 
Federal Programs,'' allows States to establish a process for 
reviewing Federal programs in the State, to choose which programs 
they wish to review, to conduct such reviews, and to make their 
views known to the funding Federal agency through a State ``single 
point of contact.''
    If the State has established a ``single point of contact,'' and 
if the State has selected this program to be included in its review 
process, the applicant must send a copy of its letter or application 
to the State ``single point of contact'' at the same time that it is 
submitted to BJS. The letter or application submitted to BJS must 
indicate that this has been done. The State must complete its review 
within 60 days. The review period will begin on the date that the 
letter or application is officially received by BJS. If BJS does not 
receive comments from the State's ``single point of contact'' by the 
end of the review period, this will be interpreted as a ``no 
comment'' response.
    If the State has not established a ``single point of contact,'' 
or if it has not selected the BJS statistics development or criminal 
history improvement programs in its review process, this must be 
stated in the letter or application.

Appendix B

Categories of Persons Prohibited From Receiving Firearms \1\

Persons Who Are Under Indictment for, or Have Been Convicted in Any 
Court of, a Crime Punishable by Imprisonment for a Term Exceeding 
One Year

    This category includes any person (1) who currently is under 
indictment (or ``information'') for a crime punishable by 
imprisonment for a term exceeding one year, or whose case has been 
referred to court-martial if he/she is in the military; or (2) who 
has been convicted in any court (including, for example, a military 
court) of a crime punishable by imprisonment for a term exceeding 
one year. (``Information'' refers to a formal accusation of a crime 
made by a prosecuting attorney, as distinguished from an 
``indictment'' presented by a grand jury.) The maximum sentence that 
may be imposed determines whether a person is under indictment or 
information for a disabling crime. Similarly, the maximum sentence 
that may be imposed, rather than the actual sentence, determines 
whether a person has been convicted of a disabling crime. Such a 
crime includes any Federal, State, or foreign offense for which the 
maximum penalty is 

[[Page 63730]]
capital punishment or imprisonment in excess of one year. Indictments, 
information, and convictions for the following crimes are exceptions 
and are not disabling: (1) Federal or State offenses pertaining to 
antitrust offenses, unfair trade practices, and other similar 
business-related offenses; and (2) State offenses classified by 
State law as misdemeanors punishable by imprisonment for a term of 2 
years or less.

    \1\ These definitions of categories of persons prohibited from 
receiving firearms are pending final action by the Bureau of 
Alcohol, Tobacco and Firearms, U.S. Treasury Department.
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    Any conviction which has been expunged, set aside, or for which 
a person has been pardoned or has had civil rights restored remains 
disabling if (1) the pardon, expunction, or restoration of civil 
rights expressly provides that the person may not ship, transport, 
possess, or receive firearms, or (2) the person is prohibited by the 
law where the conviction occurred, from receiving or possessing any 
firearm. Also, a State's restoration of a convicted felon's civil 
rights does not remove any firearms disability caused by a Federal 
conviction. The burden of proof is on the applicant to prove that 
his/her firearms disabilities have been removed.

Persons Who Are Fugitives From Justice

    This category includes persons (1) who know they have charges 
pending against them, even if only for a misdemeanor, and who leave 
the State of prosecution, or (2) who leave the State in order to 
avoid giving testimony in any criminal proceeding.

Persons Who Are Unlawful Users of or Addicted to Any Controlled 
Substance

    This category includes persons who are unlawful users of or 
addicted to any controlled substance, as defined in section 102 of 
the Controlled Substances Act. Controlled substances include, but 
are not limited to, marijuana, depressants, stimulants, and narcotic 
drugs. They do not include distilled spirits, wine, malt beverages, 
or tobacco.
    It is unlawful to use any illegal controlled substance (such as 
PCP), or to use any other controlled substance (such as morphine) in 
a manner other than as prescribed by a licensed physician. A person 
who is ``addicted'' to a controlled substance is any individual who 
is found to (1) habitually use a controlled substance so as to 
endanger the health, safety, welfare, or morals of the public, or 
(2) to have lost the power of self-control with reference to the 
addiction.
    To incur firearms disabilities, there must be evidence that a 
person is a current unlawful user of, or addict to, a controlled 
substance. Such unlawful use or addiction may be demonstrated by 
evidence of: (1) The recent use of a controlled substance, which is 
part of a pattern of unlawful use or addiction; or (2) the current 
unlawful use of, or addiction to, a controlled substance.
    Evidence of unlawful use or addiction includes, but is not 
limited to, any of the following: a criminal record, self-admission 
of use, diagnoses or other records at a drug treatment or 
rehabilitation center or other medical facility, testimony or a 
statement by a psychiatrist or other licensed physician who 
diagnosed the symptoms or treated the person, needle marks on the 
person, a failed (that is, ``positive'') drug test, or testimony of 
a social acquaintance who observed the unlawful use of a controlled 
substance by the person.
    Concerning drug tests, failing a single drug test would give 
reasonable cause for disqualifying a person from purchasing a 
firearm. Federal agencies may exercise discretion in determining 
when to report the ``positive'' result of a drug test for controlled 
substances. For example, agencies are not required to report such 
results prior to giving the person an opportunity to contest the 
results of the ``test'' through a proceeding that provides due 
process.

Persons Who Have Been Adjudicated as Mental Defectives or Been 
Committed to a Mental Institution

    The category includes persons who have been adjudicated as 
mental defectives or been committed to a mental institution by a 
court, board, commission, or other lawful authority. An adjudication 
as a mental defective occurs when a court, board, commission, or 
other lawful authority determines that an individual is mentally 
retarded or of marked subnormal intelligence, mentally ill, or 
mentally incompetent. Examples of persons adjudicated as mental 
defectives include defendants in criminal cases who are found not 
guilty by reason of insanity, and persons found to be a danger to 
others as a result of a mental disorder or illness.
    For there to be a disabling ``commitment'' to a mental 
institution, a formal commitment by a court, board, commission, or 
other legal authority is necessary. Any person who has been 
committed in such a way to a mental institution involuntarily--even 
for reasons other than mental defectiveness or mental illness (such 
as for drug use)--is prohibited from receiving firearms. However, 
the mere presence of a person in a mental institution for 
observation is not a disabling commitment. Also, a voluntary 
commitment to a mental institution is not disabling. ``Mental 
institutions'' include mental health facilities, mental hospitals, 
sanitariums, psychiatric facilities, and other facilities that 
provide diagnoses by licensed professionals of mental retardation or 
mental illness.

Persons Who are Aliens and are Illegally or Unlawfully in the 
United States

    This category includes all aliens who are unlawfully in the 
United States or are not in a valid nonimmigrant or immigrant 
status--except for individuals in ``immigration parole'' status (see 
the note below).
    Examples of persons in this category include any alien:
    (1) Who has entered the country illegally;
    (2) Nonimmigrant whose authorized period of admission has 
expired;
    (3) Student who has failed to maintain status as a student; or
    (4) Under an order of deportation, whether or not he/she has 
left the United States.

    (Note: Aliens are not disqualified from purchasing firearms for 
being in ``immigration parole'' status in the United States pursuant 
to the Immigration and Nationality Act, 8 U.S.C. 1101 et seq., 
(INA). In accordance with the INA, immigration parole may be granted 
temporarily to an alien at the discretion of the U.S. Attorney 
General ``for emergent reasons or for reasons deemed strictly in the 
public interest.'' An example would be a person who is ineligible to 
enter the United States legally, but who has been granted parole 
into the United States to assist the government in an 
investigation.)

Persons Who Have Been Discharged from the Armed Forces Under 
Dishonorable Conditions

    This category only includes persons whose separation from the 
Armed Forces resulted from a dishonorable discharge. It does not 
include, for example, persons whose separation from the Armed Forces 
resulted from a dismissal, bad conduct discharge, or other than 
honorable discharge.

Persons Who Have Renounced their United States Citizenship

    This category includes persons who have formally renounced their 
United States citizenship either (1) before a diplomatic or consular 
officer of the United States in a foreign state, or (2) before an 
officer designated by the Attorney General when the United States is 
in a state of war.

Persons Who are Subject to a Court Order Restraining Them from 
Committing Domestic Violence

    This category includes any person who, at the time he/she 
applies to receive a firearm, is under a court order that meets the 
following criteria:
    <bullet> The order must have been issued after a hearing of 
which the person subject to the order received actual notice, and at 
which the person had an opportunity to participate; and
    <bullet> The order must restrain the person subject to the order 
from harassing, stalking, or threatening an intimate partner of the 
person, or a child of the 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
    <bullet> The order must include a finding that the person 
subject to the order represents a credible threat to the physical 
safety of the intimate partner or child, or the order must 
explicitly prohibit the use, attempted use, or threatened use of 
physical force against the intimate partner or child that would 
reasonably be expected to cause bodily injury.
    The term ``intimate partner'' is defined as a spouse, former 
spouse, an individual who is a parent of a child of the person, or 
an individual who cohabitates or has cohabited with the person.

Persons Who Are Juveniles

    This category covers the prohibition against the transfer of 
firearms by Federal Firearms Licensees to certain underage persons. 
Federal Firearms Licensees are prohibited from transferring a 
shotgun or rifle to any person less than 18 years of age, and are 
prohibited from transferring any other 

[[Page 63731]]
firearm, including a handgun, to any person less than 21 years of age.
Jan M. Chaiken,
Director, Bureau of Justice Statistics.
[FR Doc. 95-30221 Filed 12-11-95; 8:45 am]
BILLING CODE 4410-18-P