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

springfield armory kuna
springfield armory kuna

Springfield Kuna: A PDW For The Masses

Small, yet fierce, the namesake of Springfield Armory’s latest large-format pistol is a revered forest dweller in the land of its Croatian manufacturing partner, HS Produkt. The new Kuna is poised to be just as welcome in America.

The Armed Citizen® June 30, 2025

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

Book Review: Clockwork Basilisk: The Early Revolvers Of Elisha Collier & Artemas Wheeler

The result of a decade of research, Clockwork Basilisk is a comprehensive, two-volume history of the rare revolvers that preceded the development of the well-known Colt guns of the 1830s.

Preview: 1791 Gunleather Cobra Gun Belt 01

Employing the same rugged and rigid 0.25"-thick American steerhide as 1791 Gunleather’s original Gun Belt 01, the new Cobra Gun Belt 01 offers enhanced ease of use by taking advantage of a high-strength Cobra quick-latch/release buckle.

NRA CEO Hamlin and President Bachenberg Hold First Virtual Townhall

In the interests of transparency, NRA CEO and EVP Doug Hamlin and NRA President Bill Bachenberg held a live Townhall event, where both answered direct questions from NRA members.

Benelli Adds New 28-Gauge Models to Super Black Eagle 3 Line

Benelli initially introduced the 28-ga. chambering to its Super Black Eagle 3 line in 2022, but this year, the company added three new models tailored specifically to hunters.

Interests



Get the best of American Rifleman delivered to your inbox.