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Old 03-15-2011, 10:46 AM   #1
rj2938
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Default What you can do if you are delayed in a purchase.

http://www.fbi.gov/about-us/cjis/nic...ochure_eng.pdf

The above link is to a PDF file for the Voluntary Appeal File (VAF) Application.


If you do not have Adobe Reader it can be downloaded free HERE.

Here is the background as to the origin of this form and its use.

The Brady Handgun Violence Prevention Act
of 1993 (Brady Act), Public Law 103-159, was signed
into law in November 1993, requiring Federal
Firearms Licensees (FFLs) to request background
checks on individuals attempting to purchase a
firearm. The permanent provisions of the Brady
Act, which went into effect on November 30, 1998,
required the U.S. Attorney General to establish the
National Instant Criminal Background Check System
(NICS) that any FFL may contact by telephone or by
other electronic means for information to be suppilied
immediately on whether receipt of a firearm by a
prospective transferee would violate Section 922 (g)
or (n) of Title 18, United States Code, or state law.



The FBI developed the NICS through a
cooperative effort with the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) and local and state law
enforcement agencies. The NICS is designed to
respond to background check inquiries to provide
FFLs with an immediate response as to whether the
transfer of a firearm can proceed or if more research
must be completed to make a determination if the
transfer would violate state or federal law.


The NICS, which is operated by the FBI
Criminal Justice Information Services (CJIS)
Division’s NICS Section, is a national name check
system that queries available records in the National
Crime Information Center (NCIC), the Interstate
Identification Index (III), and the NICS Index to
determine if prospective purchasers are disqualified
from receiving firearms.


A final rule was published by the Department

of Justice in
The Federal Register, outlining the
following changes. Per Title 28, Code of Federal
Regulations, Part 25.9(b)(1), (2), and (3), the NICS
Section must destroy all identifying information on
allowed transactions within 24 hours of notification
to the FFL. If a potential purchaser is delayed or
denied a firearm and successfully appeals the decision,
the NICS Section cannot retain a record of the oveturned
appeal. If the record is not able to be updated, the
purchaser continues to be denied or delayed, and if that
individual appeals the decision the documentation must
be resubmitted on every subsequent appeal.


For this reason, the Voluntary Appeal File
(VAF) has been established. This process permits
applicants to request the NICS maintain information
about themselves in the VAF to prevent future erroneous denials or extended delays of a firearm transfer.


Posters note-

As outlined in the information on the form a fingerprint card must accompany this form. This card and fingerprints can be obtained from your local law enforcement agency. And must be returned with the form

Please read all the information given on the form.

This poster, nor this forum owner and it's moderators are NOT OFFICERS of the US FEDERAL GOVERNMENT and it's agencies that govern firearms laws. Nor are we, or do we profess or attest to be lawyers in any way.

This link and information is posted solely for members information in the event that this form may help them in their purchase or attempt to obtain a legal firearm through legal means under the guidelines set forth by their respective Local, State and Government Agencies.

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Old 03-15-2011, 08:58 PM   #2
Hoosierdaddy
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Default Re: What you can do if you are delayed in a purchase.

Everyone be advised the above information is not for "what you can do if you are delayed in a purchase". This information is about a process that can prevent you from being delayed if you successfully complete this process before attempting to make a purchase. Even upon secessful completion of this process is it still possible to be denied, if something changes on your record that would warrant denial, after the successful completion of this process. According to an ATF agent, there is nothing that can be done to speed up the process if you get delayed on a purchase. All you can do is wait for approval or denial as the above process must be successfully completed before the purchase is attempted. As of two days ago the average wait time for completion of this process was about 165 days, that's right days.
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Last edited by Hoosierdaddy; 03-15-2011 at 08:59 PM.
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