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

Kahr Arms X9
Kahr Arms X9

Review: Kahr Arms X9

When Kahr introduced the 10-round X9, it was first a matter of “about time.” However, after examining the pistol, it’s apparent that the company found a way to catch up with its competitors in a hurry.

Frugal Tactical: Retay USA's RA1522 Line

Largely known for its line of imported shotguns, Retay USA is moving into the tactical rimfire field with its collection of .22 LR-chambered RA1522 guns.

The Armed Citizen® March 9, 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.

Firearm Industry Rebound on the Horizon?

Several industry developments indicate the post-pandemic decline in gun sales may finally be coming to a halt. Here's what that means for consumers.

Preview: Adapteur & Silencieux Silencer Adapter

Cleverly designed and precisely made in France by Adaptateur & Silencieux, the Ruger Mark IV, III and II Silencer Adapter allows those classic models to accept suppressors.

Review: Yankee Hill Machine Victra-12 Shotgun Suppressor

Yankee Hill Machine has recently released its Victra-12 shotgun suppressor, which promises to quiet the report of a 12-gauge shotgun while adding less weight than ever before.

Interests



Get the best of American Rifleman delivered to your inbox.