NFA Approval Times Increasing
I have zero answers just sharing some info.
I have received a lot questions lately about approval times speeding up. There’s been a lot of reports about non-trust filing coming back in just days. This has to do with how the FBI is now handling the background checks for individuals as opposed to Trust.
Below is another update.
https://www.silencershop.com/blog/post/NFA-Wait-Times
Just a little from the link…
Fastest Approvals Ever: Get ready to race through the NFA approval process! Approvals are sprinting across the finish line in just days or weeks and, according to ATF, this is the “new normal.”
Trust in Trusts: ATF is actively working to speed up approval times for trusts. Just this week, they started “trust bundling” to batch approve single-RP trusts. ATF states trust wait times will approach individual wait times in the coming weeks.
Single Shot Speed: ATF is actively working on speeding up processing times for “standardized trusts” like the Single Shot trust, including implementing new software to recognize and process these trusts more like individual applications.
Electronic Enhancements: Simple, easy, awesome, and now faster than ever! Embrace the future with Silencer Shop’s high-tech submission process. The kiosk and app work together to make electronic submissions headache-free.
NFA Now: The ATF's improvements mean less time waiting and more time at the range. Get your can in your hands faster than ever!
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Below is a wall of text, notes that a guy took from a recent online Synopsis the ATF had for us FFL/SOT.. I received an invite but was not able to attend.
The faster processing times for NFA transfers were explained in the ATF FFL/SOT webinar being held today. I apologize for the rough writeup but I was typing these notes, watching the slide show, and listening at the same time.
High-level synopsis if you didn't get the invitation or couldn't attend (only 3000 invitations were sent out to FFL/SOT's):
Holdup of processing is primarily due to FBI NICS because all F1/F4/F5 applicants get run through it. GCA specifies three-day response for Title I transfers, NFA does not, so NFA background check requests are given a lower priority. NFA background checks get done when the FBI has time to do them if they are not instant.
ATF used to use FIFO for F1/F4/F5 applications under old business process. Now it moves an application forward once a response from FBI NICS has been received; F1/F4/F5 with a FBI NICS response are not stacked up behind others waiting on the FBI NICS response.
If you submit as an individual and you typically get through FBI NICS instantly when you purchase a Title I firearm then your F1/F4/F5 will be processed quickly. If you are delayed every time then it will take longer because there is no federal mandate on the FBI to respond to an NFA NICS background check in three days. If your FBI NICS never gets a response (remains "Open" when purchasing a Title I firearm and the dealer simply transfers on the third business day) then F1/F4/F5 will take a very long time because ATF doesn't move forward until it gets a response from FBI NICS.
Providing SSN, especially if you constantly are delayed or have a common name, speeds up F1/F4/F5 application. Some transferees refuse to put the SSN on the form due to concerns about PII theft. Either you trust your FFL or you don't.
Transferees need to get a UPIN if they are always delayed or if FBI NICS never sends a response to the FFL for a Title I transfer (status remains "Open" forever) if they want to improve their F1/F4/F5 processing times.
If multiple applications for one individual are made same day then ATF "bundles" them and one FBI NICS background check is used for all of them.
ATF business process for individual F1/F4/F5 has been streamlined so once FBI NICS response is received the F1/F4/F5 process at ATF finishes quickly (within hours).
Some examiners do only individual applications, others do only trust applications.
ATF business process for trust F1/F4/F5 hasn't been streamlined yet, that is going to be worked out over the next few months.
Even if there is a new process, trust transfers will always take longer than individual due to complexity, requirement to review the trust document language for state legality and completeness, and greater possibility of error (e.g. number of trustees is greater than number of submitted 5320.23 forms). It sounds like the trust process is faster if each RP on the trust has an eForms account rather than just the primary trustee who is submitting the eF1/eF4.
Trusts where just one person is listed as the settlor, trustee, and beneficiary are not legal (merger doctrine).
Trust will be delayed if any RP background check is delayed by FBI NICS. Some trust F1/F4's have been submitted where a trustee / trust applicant is a minor which is also a problem.
If trust has language that beneficiary may possess or shoot the firearm, even if only in the presence of the trustee, then the beneficiary must also submit an RP.
ATF will deny F1/F4/F5 because FBI NICS returns a "Deny" response. The applicant has to fix the problem with the FBI NICS because ATF is not given info on why the background check was denied. Use same appeal process as for a Title I "Deny" response, and expect to get a UPIN in the future.
Originally Posted by ecu1984
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