The NICS is a 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 firearm purchasers are disqualified from receiving or possessing firearms. If you believe you have been wrongfully denied a firearm transfer or pawn redemption, you may request an appeal.
Some individuals may find they are continuously delayed when purchasing or redeeming firearms. Others may successfully appeal a NICS denial but still experience extended delays or erroneous denials on subsequent transactions. The Voluntary Appeal File (VAF) was established to assist in these types of situations by providing a way for an individual to request the NICS Section's Appeal Services Team (AST) maintain information to clarify their identity or past events to prevent future extended delays or erroneous denials on firearm transfers.
Read nicsvafbrochureeng.pdf text version VOLUNTARY APPEAL FILE (VAF) APPLICATION Date of application: U.S. Department of Justice Federal Bureau of Investigation Criminal Justice Information Services Division OMB No: 1110-0043 Please fill out the following information: (. Denotes Mandatory Information). THIS APPLICATION MUST BE ACCOMPANIED WITH A COMPLETED FINGERPRINT CARD. NOTE: If you are interested in applying for the VAF, please ensure you read and sign the Applicant's Statement on the reverse side of this application.
Individuals attempting to purchase firearms through a federally licensed dealer (FFL) sometime experience an erroneous denial or delay by the. Denials and delays based on faulty information can be appealed; however the NICS Section cannot retain a record of a successful appeal. Without an updated record, a purchaser will likely face the same denial or delay the next time they attempt to make a purchase requiring a NICS background check. In order to avoid the appeal process in the future, a can be created. Voluntary Appeal Files permit applicants to request that NICS maintain information about themselves in the file to prevent future erroneous denials or extended delays of a firearm transfer. For more information about Voluntary Appeal Files, please click.
Here is the FBI advisory on the new Voluntary Appeal File (VAF) addition to the NICS background check system. To: All Federal Firearms Licensees (FFLs) Pursuant to the Final Rule enacted on July 20, 2004, by the Department of Justice in The Federal Register, Volume 69, Number 141, the Federal Bureau of Investigation's (FBI) National Instant Criminal Background Check System's (NICS) Voluntary Appeal File (VAF) has been established. This process permits applicants to request that the FBI NICS Section maintain information about them in the VAF, a separate file to be checked by the NICS, to prevent erroneous denials and extended delays in the future. Lawful purchasers who have been delayed or denied a firearm transfer because they have a name or date of birth similar to that of a prohibited person may also request that the FBI NICS Section maintain information about them to facilitate future firearms transactions.
Under this new process, potential purchasers may apply to be considered for entry into the VAF by signing an applicant statement, which authorizes the FBI NICS Section to retain information that would otherwise be destroyed upon the approval of the firearm transaction. This retained information includes but is not limited to: a fingerprint card, court documentation, correspondence, and information contained in the applicant's appeal file if one exists. The applicant must also supply the FBI NICS Section with the reason for which they believe they would be erroneously denied or would receive an extended delay.
The application process also requires that positive proof of identity be provided by way of rolled fingerprint impressions prepared by a law enforcement agency on a fingerprint card. Additionally, the FBI NICS Section will also accept any certified court documentation that may assist in the application process. This may include but is not limited to: court documentation and pardons. Individuals may also provide Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Relief of Disabilities.
This information will be retained in the VAF and will not be returned. If at any time an individual wishes to be removed from the VAF, the NICS is required to destroy their documentation upon request. Additionally, if the FBI NICS Section discovers a disqualifying record on the individual after their entry into the VAF, the FBI NICS Section may remove the individual's information from the file. In either case, the individual will be notified by mail that their information has been removed. At the conclusion of the FBI NICS Section's research, the applicant will receive a letter from the FBI NICS Section indicating the outcome of the research as being successful, unsuccessful or the information insufficient.
Successful applicants will be provided a unique personal identifier number (UPIN) which they will provide to the FFL for all future purchases. The applicant will retain the original letter for their files. The ATF recommends the UPIN be placed in block 18(a) of the ATF Form 4473 until such time that the form can be revised. In the future, the UPIN will be provided to the Call Center Representative during the initial background check. In the interim, all subsequent NICS checks on those individuals with UPINs must be conducted through the FBI NICS Section at 1-877-444-6427. Select option six from the automated menu to be transferred to a VAF Customer Service Representative.
NICS Appeal Request Form
The FFL must state that they are conducting a NICS check on an individual who has provided a UPIN. The FFL will provide the UPIN to the VAF Representative and the rest of the process will remain the same. If you have any questions regarding this communication, you may contact the FBI NICS Section Customer Service at telephone number 1-877-444-6427.
Sincerely yours, Eugene W. Donaldson Section Chief NICS Section Criminal Justice Information Services Division. Thanks for the post! This memo(?) is dated December 15, 2004, so this leaves me to think that there may be many FFL's that have already, perhaps unknowingly, 'subscribed' to this 'voluntary' action. I know, for instance, here in PA there has been an ongoing battle with the PA State Police with regard to the fact that the PASP has been, (for years), illegally recording the names of firearms purchasers in the State. As I understand. The registration of firearms, and purchasers, is illegal in the Commonwealth of Pennsylvania.
The records are to be retained for a period of one year, and then the records are to be destroyed. This is in accordance with Court Order. Does anybody have any info on this, (here in PA)? I've been surfing around, but to no avail.
Thanks, louie.
The NICS is a 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 firearm purchasers are disqualified from receiving or possessing firearms. If you believe you have been wrongfully denied a firearm transfer or pawn redemption, you may request an appeal. Some individuals may find they are continuously delayed when purchasing or redeeming firearms. Others may successfully appeal a NICS denial but still experience extended delays or erroneous denials on subsequent transactions. The Voluntary Appeal File (VAF) was established to assist in these types of situations by providing a way for an individual to request the NICS Section's Appeal Services Team (AST) maintain information to clarify their identity or past events to prevent future extended delays or erroneous denials on firearm transfers.
Comments are closed.
|
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |