Appeals Process Formalized For Certain National Firearms Act Applicants

by
posted on February 4, 2024
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
1Aaatf And Fbi Formalize

The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) and the Federal Bureau of Investigation (FBI) implemented an updated, formalized appeals process for certain National Firearms Act (NFA) applicants this month.

The agreement between BATFE and the FBI, which was signed in October, allows individuals to use administrative appeals processes of FBI’s National Instant Criminal Background Check System (NICS) to attempt to resolve record-related issues that are revealed during a NICS background check initiated as part of that individual’s NFA application. In addition, the agreement recognizes an NFA applicant may use the Voluntary Appeal File (VAF) when NICS responds with a “delayed” recommendation to the NFA applicant’s background check.

A “delayed” or “denied” NFA applicant will receive a letter from ATF’s NFA Division advising how to take advantage of each respective process and the associated NICS Transaction Number (NTN) for “denied” NFA applications. As part of this process applicants may be requested to submit an additional set of fingerprints.

An NFA applicant who has been denied may now use the FBI NICS administrative appeals process, known as the “Firearm Related Challenge,” when (1) the NFA Division has disapproved the applicant’s NFA application, and (2) FBI NICS responded to the NFA division with a “denied” recommendation to the NFA applicant’s NICS background check.

If the applicant believes the “denied” response from FBI NICS was made in error, they may submit a Firearm Related Challenge, which will require them to provide their NTN. The processes implemented by the NICS when performing Firearm Related Challenges for disapproved NFA applicants will be the same as those performed when reviewing Firearm Related Challenges pertaining to prospective firearm transfers that were denied by the FBI or a Point-of-Contact jurisdiction. If the FBI NICS did not respond with a “denied” recommendation to the NFA applicant’s NICS background check, that individual cannot utilize the FBI NICS Firearm Related Challenge process.

If an NFA application is delayed, the applicant may use the VAF process after ATF notifies the applicant that their FBI NICS background check remains in a “Delayed/Open” status.

The VAF and the administrative appeals process (Firearm Related Challenge) are not appeals of an NFA application and shall not be construed as to allowing a person to challenge a disapproved NFA application.

Latest

SA Prodigy 35 01
SA Prodigy 35 01

A Shorter 2011: Springfield Armory 1911 DS Prodigy 3.5" AOS

In its latest 1911 DS Prodigy 3.5" AOS model, Springfield Armory has combined features from its Standard Prodigy and its Prodigy Compact models.

Going the Distance: Winchester's New Supreme Long Range Ammunition

Winchester’s new Supreme Long Range ammunition means it’s now easier to “go long” when on the hunt for game.

36 New Rifle Suppressors for 2026

Today's suppressor makers have developed a host of new rifle suppressors that reduce weight and overall length while still offering impressive sound reduction.

Review: Springfield Armory SA-35 4"

Springfield Armory has made its SA-35 High Power clone even more appealing to those interested in a compact, concealed-carry pistol with a new 4-inch barreled version of its SA-35.

Legacy Sports International Expands Howa Bolt-Action Rifle Lineup

Japanese-made Howa M1500 rifles continue to be some of the best value-for-the-money bolt-actions on the market, and for 2026, the company is adding two new models, along with a new chambering.

The Armed Citizen® Aug. 17, 2026

Read today's "The Armed Citizen" entry for real stories of law-abiding citizens, past and present, who used their firearms to save lives.

Interests



Get the best of American Rifleman delivered to your inbox.