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How To | Silencer Laws
Understanding the New Appeals Process for Form 4 Applicants
March 21, 2024By Brandon Maddox
Last Updated: March 29, 2024

Understanding the New Appeals Process for Form 4 Applicants

Understanding the New Appeals Process for Form 4 Applicants

In January 2024, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Federal Bureau of Investigation (FBI) implemented an updated and formalized appeals process for applicants of the National Firearms Act (NFA). This new process allows individuals to address issues arising from the National Instant Criminal Background Check System (NICS) during their Form 4 application.

Even after completing all of the necessary investigation into a person’s Form 4 application for a suppressor, you still have to pass a NICS check before taking possession of your new purchase. As can sometimes happen with NICS checks when purchasing a regular, non-NFA item, there may be instances when the check comes back as “delayed” or denied.” You have the right to appeal that status.

We’re going to delve into all of the details regarding this new appeals process, but here’s some really important information right off the bat:

Key Takeaways

  • Appeals Process: Applicants can use the FBI’s NICS administrative appeals processes to resolve record-related issues identified during their NFA application’s background check.
  • Voluntary Appeal File (VAF): This can be used when an applicant receives a “delayed” recommendation in their background check.
  • NFA Division Letter: Applicants who receive a “delayed” or “denied” recommendation will get a letter from the ATF’s NFA Division explaining how to navigate the appeals process and providing the necessary NICS Transaction Number (NTN) for denied applications.
  • Additional Fingerprints: Applicants may need to submit an extra set of fingerprints as part of this process.

ATF Forms Overview

There are a number of different ATF forms that can be used with suppressors. The main ones are Form 1, Form 3, and Form 4. The Form 1 is used when you apply to make your own suppressor. The Form 3 is used to transfer a suppressor from one FFL dealer to another.

The important one for you is the Form 4, which is used when a private citizen is taking ownership of an NFA item in the form of an individual registration, gun trust, or corporation. This story will focus solely on the Form 4, as it is the only one you’ll be dealing with that applies to this new ATF appeals process.

Form 4 Appeals Process

Obviously, everyone wants to get an “approved” status. That’s the green light that signals everything is good to go and you can get your new suppressor. However, there are sometimes hiccups along the way that can result in receiving one of the other two status options that exist – “delayed” and “denied.”

While frustrating, receiving one of these statuses doesn’t mean that your application is dead in the water. There’s an appeals process that you can go through that can help set things right and get you to the desired “approved” status.

Applicants who receive a “delayed” or “denied” recommendation will get a letter from the ATF’s NFA Division explaining how to navigate the appeals process and providing the necessary NICS Transaction Number (NTN) for denied applications.

Applicants can use the FBI’s NICS administrative appeals processes to resolve record-related issues identified during their NFA application’s background check.

What is the difference between “Delayed,” and “Denied?”

Here is the main difference between the two statuses:

  • Delayed Status: A “delayed” status means that the FBI needs to do additional research to verify your background and identity. The FBI will work with federal, state, local, and tribal law enforcement agencies and courts to verify that you are who you say you are and get things resolved in a timely fashion. This status can be triggered if you share the same name or physical characteristics as someone who has a criminal record or if you have records that have not been properly updated.
  • Denied Status: A “denied” status means that the FBI has uncovered something in their background check that classifies you as a “prohibited person,” or someone who is unable to lawfully possess a firearm or an NFA item like a suppressor. It can also be triggered by some of the same criteria that causes a delayed status.

Depending upon what status you received, there is a different process for appeals. Let’s take a look at both.

Delay Process

Applicants with a “Delayed/Open” status can use a Voluntary Appeal File (VAF). 

The VAF is not an appeal of the Form 4 application itself. It is aimed as resolving issued with the background check. With the VAF process, applicants can request the NICS maintain information about them in the VAF to prevent future erroneous denials or extended delays of a firearm transfer. Not only can this help with NFA Form 4 transfers, but also with regular firearm transfers, too.

The VAF is ONLY for delayed applications. It’s important to understand that this process can only be used for applicants whose background check is in a “Delayed/Open” status. Applicants who are denied cannot follow this process.

Delayed/Open Background Check Examples

There are a few different explanations that may show up in a “delayed” status. Below, you can see a few examples that come directly from the ATF:

Denial Process

Appealing a “denial” is different than appealing a “delay.” This process can only be used for applicants whose NFA application is disapproved and have received a “denied” recommendation from the FBI NICS.

Applicants whose NFA application is disapproved and have received a “denied” recommendation from the FBI NICS can use the FBI NICS “Firearm Related Challenge.” 

For a Firearm Related Challenge to be valid, you must believe that you have been wrongfully denied a firearm (or, in this case, a suppressor). This process will provide you the reason your background check was denied, and the opportunity to challenge your denied background check online – including a Nuclear Regulatory Commission background check.

To challenge your firearm denial, visit https://www.edo.cjis.gov. 

This process is ONLY for “denied” applications. Applicants whose NFA application has been disapproved but have not received a “denied” recommendation from the FBI NICS cannot follow this process. Applicants who have a “Delayed/Open” status also cannot follow this process.

Denied Background Check Examples

Here is an example of what may show up in a “denied” status. Again, this is straight from the ATF.

In Conclusion

We get it. No one wants to get either a “delayed,” or “denied” status on their application. It can be very frustrating. The formalized appeals process is a significant update for Form 4 applicants, providing a clearer pathway to address issues related to background checks. It’s important for applicants to understand this process and follow the guidelines provided by ATF and FBI to ensure a smooth application process.

When you purchase a suppressor from Silencer Central, we handle all of the Form 4 paperwork for you. With almost 20 years in the business and countless tens of thousands of suppressors sold, we’ve filled out a lot of Form 4 applications since 2005. This means that trusting us to handle all of your paperwork for you is the fastest and most efficient way to ensure that your application gets the “approved” green light. We have a 99.9% approval rate, which is the highest in the industry.  You don’t have fret over Form 4 issues and government paperwork headaches, and buying your silencer from Silencer Central is the easiest way to avoid issues.