updated FAQ for e forms
Q. Has NFA Division implemented processing changes to reduce the number of pending applications?
Yes. For example, NFA Division is shifting resources to processing applications that have received a proceed from FBI-NICS in response to the required background check.
Q. Are NFA applications processed in a first in, first out basis?
No. NFA applications were previously processed in a first in, first out basis. Adhering to the first in, first out basis resulted in processing delays for NFA applications with a proceeded background check. For example, a NFA application with a proceeded background check would not be processed until a NFA application with a delayed background check was resolved. While first in, first out is a guiding principle, NFA Division will focus its resources to processing those NFA applications that have received a proceed from FBI-NICS in response to the required background check. Accordingly, NFA Division will process NFA applications as it receives background check responses from FBI-NICS. However, NFA Division will submit background checks to FBI-NICS in the order applications are received.
Q. My NFA application is submitted, but my background check has not been sent to FBI-NICS, why?
Due to the record number of NFA application submissions and ATF's limited resources, NFA Division must submit background checks to FBI-NICS in batches. Currently, there are approximately 200,000 NFA applications pending. As NFA Division reduces the number of pending applications, the background checks will be submitted to FBI-NICS closer to when the NFA application was received by NFA Division.
Q. I submitted my NFA application the same time as my friend/family member/etc. and his or her NFA application was processed before mine, why?
NFA Division can approve a NFA application only after receiving a proceed response to the required FBI-NICS background check. Some background checks may take longer to process because FBI-NICS must perform additional research on the applicants background. As a result, two individuals who submit NFA applications at the same time may have their NFA application processed at different times because the background checks are completed by FBI-NICS and transmitted to NFA Division at different times.
Q. What can I do to make sure my background check is processed timely and accurately?
While it is not required, the simplest way to help ensure your background check is processed timely and accurately is to provide your social security number with the NFA application. Without the social security number, FBI-NICS may have to perform additional research to ensure the applicant is not prohibited, thereby delaying the background check response to NFA Division. For example, without a social security number, FBI-NICS will have to perform additional research to properly identify the applicant when the applicant has the same name as someone else with prohibiting information in the NICS database.
Q. My background check is currently in a pending status with FBI-NICS, can ATF approve my NFA application?
No. NFA Division must receive a proceed from FBI-NICS in response to the required background check.
Q. My background check is currently in a delayed status with FBI-NICS, can ATF approve my NFA application?
No. NFA Division must receive a proceed from FBI-NICS in response to the required background check.
Q. My background check is currently in an open status with FBI-NICS, can ATF approve my NFA application?
No. NFA Division must receive a proceed from FBI-NICS in response to the required background check.
Q. FBI-NICS responded to my background check with a proceed, can ATF approve my NFA application?
Yes. NFA Division may approve an NFA application only after FBI-NICS responds with a proceed to the required background check.
Q. If I have more than one application pending, will NFA Division process the applications at the same time?
Yes, provided the applications are for an individual and the social security number was provided with the NFA application. NFA Division has implemented a bundling process which allows an examiner to review all pending applications of an individual. There is no need for an applicant to request bundling, this will be done automatically.
Q. Is bundling available for trusts?
No. However, NFA Division is currently reviewing whether bundling for trust applicants is feasible, given the multiple further complexities presented by trust applicants.
Q. Why do trust applications take longer to process than individual applications?
Trust applications require the examiner to perform several additional steps of review than an individual application. For example, the examiner must read each trust document to ensure it is a legitimate trust. The examiner must also read each trust document to ensure every responsible person to the trust submitted the required responsible person questionnaire. The examiner must also review each trust regardless of whether the same trust was used for a prior application because the terms of that trust may vary between applications.
Q. Are there other factors other than the review process that result in longer processing times for trusts?
Yes. The most common reasons attributable to trust processing delays include:
o Failure to submit a responsible person questionnaire and fingerprint cards for each responsible person named on the trust;
o Failure to submit a valid trust, e.g., there is only one person named in the trust who is the settlor, trustee, and beneficiary;
o The name of the trust on the NFA application is different than the name of the trust in the trust document; and
o The background check is delayed for one or more individuals identified as responsible persons. For example, if one of three identified responsible persons background check is delayed by FBI-NICS, then NFA Division cannot process the application until the delayed background check is resolved.