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

Shooting For 1000 1
Shooting For 1000 1

Reaching for 1,000: A Study in Long Range Marksmanship

Calculating all the factors that go into a well-placed shot at distance can be a daunting task for those new to long-distance marksmanship, but when it all comes together, the result is gratifying.

ATF Proposes Changes to Form 4473

The ATF proposed a series of changes to form 4473 in May. If approved, the modifications would shave three pages from the paperwork and eliminate a lot of the previous form’s confusing redundancy­, trimming questions for both the purchaser/transferee and FFL.

Roar of the Muskets: The North-South Skirmish Association

The North-South Skirmish Association keeps Civil War history alive through competition shoots using Civil War-era arms at its Fort Shenandoah home base, as well as at regional shoots across the country.

Interest in Gunsmithing Grows as Potential AI Safe Haven

We’re told AI could eventually eliminate every job, and the trades will just be the last to go. But a pair of experts dedicated to training gunsmiths have a different opinion on the fate of their graduates.

Pietta Re-Introduces Starr Revolver Models

Late last year, Pietta announced it would be re-introducing their Starr revolver in both its double-action and single-action form, and now, the guns are finally arriving stateside.

Why the Murder Rate Quickly Fell to a Likely Historic Low

If the gun-control Left is to be believed, then the murder rate in the U.S. should be going up. After all, gun sales and ownership rates have been rising for the last few decades and anti-gun groups claim that gun ownership is the cause of violent crime. This, of course, is nonsense.

Interests



Get the best of American Rifleman delivered to your inbox.