Applicants for NFA (National Firearms Act) items will likely be happy to hear the process for appeals is finally being implemented. NFA items include products such as suppressors and short-barreled rifles. The update to the appeals process was signed in October 2023 by the ATF and the FBI and goes into effect now, in January 2024. Hopefully, this streamlines appeals moving forward.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Federal Bureau of Investigation (FBI) stated that the updated and formalized appeals process that applies to specific National Firearms Act (NFA) applicants is being implemented. The ATF and FBI agreed to allow applicants to utilize the administrative appeals processes of the FBI’s National Instant Criminal Background Check System (NICS). This process can be used to resolve problems related to records discovered during the NICS background check as part of an NFA application. The agreement also states that an NFA applicant can utilize the Voluntary Appeal File (VAF) when the NICS response is delayed. Through the new formalized process, an applicant who is delayed or denied gets a letter from ATF’s NFA Division explaining how to use the processes. As part of this appeals process, NFA applicants may need to submit another set of fingerprints.
Here are a few more details about the formalized appeals process:
- Applicants can use the FBI NICS administrative appeals process (the Firearm-Related Challenge) in certain instances. This includes situations where the NFA Division disapproves the NFA application or if the FBI NICS response to the NFA division is listed as being denied. Please note this applies to cases where the applicant believes the denial was issued in error. However, if the FBI NICS check didn’t specifically respond with “denied,” that individual can’t use the FBI NICS Firearm-Related Challenge.
- Applicants may use the Voluntary Appeal File process if the ATF notifies them that their FBI NICS background check is in “Delayed/Open” status.
- The Voluntary Appeal File and Firearm-Related Challenge aren’t appeals of the NFA application itself and shouldn’t be used by applicants to challenge any disapproved NFA applications. The formalized appeals process only applies in very specific circumstances.
To learn more about the updated, formalized appeals process for NFA applicants, visit the ATF’s website or speak to a qualified attorney.
