Notice: Please view the recent update to the National Firearms Act (NFA) guidance regarding registration and transfer requirements.
General (Notice of Proposed Rulemakings (NPRMs))
Comments should be submitted electronically via Regulations.gov. To submit a comment, go to Regulations.gov and search r using the RIN that can be found at the top of the rulemaking document beginning with 1140. You will find the relevant RIN listed under the “Dockets” tab. Click “Comment” on the relevant docket and complete the online form. Attach any supporting documents, data, or analysis as PDF or Word files. Comments may also be submitted by mail to the ATF address listed in each Federal Register notice (hand-delivered comments will not be accepted); however, electronic submission via Regulations.gov is preferred and ensures the fastest, most reliable processing.
After the comment period closes, ATF’s regulatory and legal staff review the full comment record. ATF then prepares a final rule that responds to the significant issues raised in comments, explains any changes from the proposed rule, and sets an effective date for compliance. Final rules are published in the Federal Register, and the Code of Federal Regulations is updated with the changes instructed by the final rule. The time between the close of a comment period and publication of a final rule varies depending on the complexity of the comments received, the number of changes required, and the interagency review process. ATF will not prejudge timelines but is committed to completing the final rulemaking process efficiently.
Interested parties may sign up for Federal Register alerts through www.federalregister.gov. For major developments, such as the publication of final rules or significant amendments to proposed rules, ATF will issue press releases and update its social media channels.
Processing Q&As (National Firearms Act (NFA))
No. NFA Division must receive a “proceed” from FBI-NICS in response to the required background check.
No. NFA Division must receive a “proceed” from FBI-NICS in response to the required background check.
No. NFA Division must receive a “proceed” from FBI-NICS in response to the required background check.
Yes. Provided everything else is in order, NFA Division may approve the NFA application because FBI-NICS responded with a “proceed” to the required background check.
No. FBI-NICS must prioritize background checks submitted by FFLs for transfers of firearms regulated under the Gun Control Act (GCA). NFA background checks that require further research by FBI-NICS will be performed as resources allow.
Generally, 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 should be done automatically. Nor will NFA Division respond to requests to bundle applications beyond the bundling process that has been implemented.
Yes, provided the trust entity for each pending application has a single responsible person, who is the same person, and the social security number was submitted with each application.
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.
NFA Regulations at 27 CFR 479.85(c) provide:
If the applicant entity has had an application approved as a maker or transferee within the preceding 24 months, and there has been no change to the documentation previously provided, the entity may provide a certification that the information has not been changed since the prior approval and shall identify the application for which the documentation had been submitted by form number, serial number, and date approved.
Accordingly, an applicant who applies within 24 months of receiving an approval may submit a letter certifying that the information in the trust has not changed since the prior approval. The letter may be uploaded as a supporting document in the eForms system.
No. Even when a trust template is used and there is only a single responsible person, there are several additional steps the examiner must perform when reviewing an application to transfer a firearm to a trust. The review of a trust application will always take longer than the review for an individual application.
Yes. The most common reasons attributable to trust processing delays include:
- Failure to submit a responsible person questionnaire and fingerprint cards for each responsible person named on the trust;
- Failure to submit a valid trust, e.g., there is only one person named in the trust who is the settlor, trustee, and beneficiary;
- The settlor identifies a minor as a responsible person to the trust;
- The name of the trust on the NFA application is different than the name of the trust in the trust document; and
- The background check is delayed for one or more individuals identified as responsible persons. For example, if one of three identified responsible person’s background check is delayed by FBI-NICS, then NFA Division cannot process the application until the delayed background check is resolved.
Eligibility/Qualifications (Special Agent)
All scoring information, including passing scores, is considered secure test information and is not shared with applicants. Sharing scoring information with applicants, including raw scores that do not meet the passing criteria, could compromise the objectivity and/or integrity of the assessment process.
