INDIVIDUAL eForm 4 - New Process Decreasing Approval Times

[GAKilo]

I'm sure some of you have noticed some crazy "fast" (for the ATF) eForm 4 approvals - with multiple instances of Form 4s coming back in under a month. Credit to @duza9999 for finding buried at the bottom of the eForms FAQ (you have to be logged in to access), the ATF explains that they are using a new process which is speeding approval times.

TL;DR: ATF batch submits background checks to FBI NICS in the order they are received. In February, they changed from FIFO processing to focusing on "proceed" background checks first. They strongly recommend providing your social to facilitate faster processing. If you file and eForm 4 as an individual and provide your social, they will automatically batch process all open F4s. These changes do not apply to trusts.

NOTE: We still strongly recommend filing as a trust, as this gives you additional flexibility in the future. If there is something you really want to get quickly (like a transferable MG) and don't mind paying an additional $200, you can eFile as an individual and then transfer it to your trust (incurring another $200 tax stamp) after taking possession.

Full FAQ on the topic below:

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 applicant's 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 person's background check is delayed by FBI-NICS, then NFA Division cannot process the application until the delayed background check is resolved.

[taylorwso]

NOTE: We still strongly recommend filing as a trust, as this gives you additional flexibility in the future

 

lol

[Bill in Bama]

I'm living proof I guess I just this morning received an approval email on a Form 4 I e-filed on Feb. 15.  That's 19 days, folks.

[SGT Fish]

Reddit has had people showing approvals in under 24hrs. That was before the eforms outage but approvals are still rolling in. 3-5 days isn't u heard of, but most are getting it in a couple weeks. Hopefully they get caught up with all the people waiting from last year and we continue to see some real inprovement

[Bill in Bama]

My most recent experience backs up this info.  I e-filed two Form 4's for two LEO customers for suppressors.  The one that came back in 19 days is for an officer who has had zero problems getting NICS approval instantly.  The other LEO's Form 4 hasn't come back and he ALWAYS gets a "delay" on the NICS check.  So his FBI background check is taking longer.  Curious, since he has a UPN.  I've found that LEO's and customers with government-related jobs often get delayed responses.  One guy even had a top secret clearance and he was delayed also.  All eventually were upgraded to "proceed." 

[taylorwso]

On 3/5/2024 at 7:47 AM, SGT Fish said:

Reddit has had people showing approvals in under 24hrs. That was before the eforms outage but approvals are still rolling in. 3-5 days isn't u heard of, but most are getting it in a couple weeks. Hopefully they get caught up with all the people waiting from last year and we continue to see some real inprovement

mine are down to less than a day

[Don.]

I like how they explain the old process…a delay causes them to stop working and wait until it comes back as a proceed or denial to continue processing other paperwork.  Try running a business like that in the private sector and see how long you last.  I know the gubmit is a wasteful entity that wouldn’t exist without extorting taxes from the public, but that has to be absolutely the most idiotic way possible to process anything.

 I wonder who’s responsible for lighting the bonfire under their asses after all these years, decades for that matter.  I would love to have been there to see that ass chewing.

[Juggar]

I just had a Form 4 approved for a Mac-10 I bought in under 48 hours. Crazy! But im here for it, this new process is amazing. Bought the Mac-10 on Feb 19th, was Form 3'd to my dealer , then shipped and Form 4'd, total time, 17 days. Unreal! 

[thisismyboomstick]

This is probably a dumb/obvious question.

Can eforms be used for an in-state transfer between two individuals?

If so, I'd imagine the seller would definitely need to have an eforms account set up? 

[Got Uzi]

It doesn't work like that.  Just because you own NFA and then setup an account, your items don't automatically get added to said account.  Items in hand do not autopopulate into your eforms account upon creation, only new items after it has been setup.  At this point I believe the Form 4 option is only working for SOT's.  

[Gaffshot]

You might be faster transferring to a local dealer and then to the buyer.  

[Got Uzi]

As a dealer, I'l say this-If someone wants to do that these days the transfer fee is going to be $500 or more....sorry but the dealer is taking on more risk and little reward for something like that.  Taking up storage space, liablity, and more paperwork just so someone can get something faster.  Sorry to sound like a money grubbling dick, but thats the reality of things in my eyes.....its not worth the headache unless its made to be worth it.

[Uncle Zeek]

1 hour ago, Got Uzi said:

It doesn't work like that.  Just because you own NFA and then setup an account, your items don't automatically get added to said account.  Items in hand do not autopopulate into your eforms account upon creation, only new items after it has been setup.  At this point I believe the Form 4 option is only working for SOT's.  

Interesting.  So I have an e-forms account already because I used it to efile form 1 on a couple SBR's that I've made.

I'm purchasing a machine gun on a paper form 4, will that gun populate into my e-forms account or no?  

[Got Uzi]

If you have an eform account active-anything you purchase after that date will automatically be on said account, but anything you had previous to the activation of said account, it will not show.  

Case in point: I had a couple personal MG's before I became an SOT, none of them showed up on the eforms account when I set it up, so they all had to go out on paper when I sold them.  Now anything that comes in is automatically logged to my account.  

[taylorwso]

2 hours ago, Got Uzi said:

If you have an eform account active-anything you purchase after that date will automatically be on said account, but anything you had previous to the activation of said account, it will not show.  

Case in point: I had a couple personal MG's before I became an SOT, none of them showed up on the eforms account when I set it up, so they all had to go out on paper when I sold them.  Now anything that comes in is automatically logged to my account.  

FYI you can move Items into your eforms with a form 5, then use eforms, takes a couple weeks

[Got Uzi]

Learned something new but lets be honest tho-the time it takes ot file a Form 5 then efile a Form 3.....its damn near the same as a paper form 3.  Since Form 4 efile transfers are only for SOT's at this point, it makes no sense for someone to do the paperwork as in individual just to have to file a paper form to send an item back out again.

[United Surplus Arms]

Agree with Got Uzi - Paper form 3 is about as quick as E-form 3 if you email it to NFA branch, in my experience. 

[thisismyboomstick]

Cool. It may have been a dumb question, but I learned a bunch!

2nd dumb question - How critical is it to have current info on physical fingerprint cards?  Could someone update the address on an old set they already have?  Form 4 instructions say photos have to be less than 1 year old, but don't have a time requirement on the FP cards.

 

[Got Uzi]

It’s easier to get new prints done than getting your form bounced back. 

[Husker402]

I'm curious about my situation. I've purchased an NFA item from an out of state seller. Seller submitted a paper Form 4 to the NFA Branch transferring said item to an FFL/SOT in my home state. It's been about 8 weeks and nothing yet. I was under the impression that since this was is being transferred to dealer it wouldn't take too long for approval. 

 

My SOT will efile a Form 4 on my behalf once he gets the item in his books. I'm very pleased to learn that efiles Form 4 are being approved lightning fast...but just waiting on the transfer to my dealer. 

 

[duza9999]

33 minutes ago, Husker402 said:

I'm curious about my situation. I've purchased an NFA item from an out of state seller. Seller submitted a paper Form 4 to the NFA Branch transferring said item to an FFL/SOT in my home state. It's been about 8 weeks and nothing yet. I was under the impression that since this was is being transferred to dealer it wouldn't take too long for approval. 

 

My SOT will efile a Form 4 on my behalf once he gets the item in his books. I'm very pleased to learn that efiles Form 4 are being approved lightning fast...but just waiting on the transfer to my dealer. 

 

I share your pain, I’m at 4 and a half months…

[taylorwso]

On 3/14/2024 at 1:26 PM, thisismyboomstick said:

Cool. It may have been a dumb question, but I learned a bunch!

2nd dumb question - How critical is it to have current info on physical fingerprint cards?  Could someone update the address on an old set they already have?  Form 4 instructions say photos have to be less than 1 year old, but don't have a time requirement on the FP cards.

 

they last forever, yes just print out changes, past it over the bad info.  I did it all the time for the wrong ORI inf.

I print it on labels, then cut/stick those

 

 

[United Surplus Arms]

6 hours ago, Husker402 said:

I'm curious about my situation. I've purchased an NFA item from an out of state seller. Seller submitted a paper Form 4 to the NFA Branch transferring said item to an FFL/SOT in my home state. It's been about 8 weeks and nothing yet. I was under the impression that since this was is being transferred to dealer it wouldn't take too long for approval. 

 

My SOT will efile a Form 4 on my behalf once he gets the item in his books. I'm very pleased to learn that efiles Form 4 are being approved lightning fast...but just waiting on the transfer to my dealer. 

 

I've seen a Form 4 to dealer take 3 weeks and another one take 6 months.  So my guess is somewhere in between.  

[Ryo]

What the hell.. 

Help a customer file a eForm 4 for his suppressor on Monday night... 

Approved this morning. 35 hour turn around time! 

[browning1917a1]

I have 5 DEWATS on form 5's and they were transferred years before efile. 

Would I have to file paper form 1's to REWAT them?

What are the times averaging currently on paper form 1's?

Browning1917a1

Brian 

[Got Uzi]

Yes all dewat/rewat guns must be filed on a paper form 1 (says it right on the first page of the eform form 1)

 

Paper form 1’s were taking 60-90 days but that was last fall. Not sure on the current time. 

[duza9999]

9 hours ago, browning1917a1 said:

I have 5 DEWATS on form 5's and they were transferred years before efile. 

Would I have to file paper form 1's to REWAT them?

What are the times averaging currently on paper form 1's?

Browning1917a1

Brian 

Out of curiosity what Dewats do you have?

Stuff that hasn’t already been reactivated is getting hard to find.

[browning1917a1]

All C&R original WWI  & WWII weapons

ZB-26 with Czech Lion crest very light dewat pre WWII 

M1a1 Thompson WWII medium dewat damage 

Japanese type 99 very light dewat

1914 Savage Lewis Gun ground type medium dewat damage 

Sten MKII light dewat

 

Browning1917a1

Brian

 

[OhioBrett]

Submitted 2/10, approved 2/27 for my last can.

[Lance B.]

Check the status of your form!

I efiled a Form 4 on 20 Sept 23. Yesterday, I logged onto the ATF efile website, couldn’t find status anywhere by using my control number, to include reject tab. So, I called  304-616-4500 and waited over an hour to speak to someone. My form had been approved on 8 Feb! Called my dealer, was told that ATF was in the shop just the day before, and they hadn’t received email. When they checked their dealer folder, my approval was there! The ATF examiner mentioned there had been a recent glitch in the system, but I think it was my phone call that pushed the form through.

[Abbey]

32 minutes ago, Lance B. said:

The ATF examiner mentioned there had been a recent glitch in the system, but I think it was my phone call that pushed the form through.

Did you ever get an email with your approved form? If not how do you prove you’re “approved”? Just the lo-res printout from your dealers cheap printer?

This is one of my complaints about the eForm system. If I can’t access my form 4s in the system, I rely on the .pdf they send in the email as the source of truth. If their email system glitches, then how do you get an original.pdf? You can scan the printout from the LGS but print quality, B/W print instead of color, and folds in the form add scanning artifacts that aren’t in the original.pdf. 

[Ryo]

So far for me on my personal approvals it was the email attachments. 

Last Monday, my customer and I submitted eForm 4 and he got the same email about the submission. His approval came in Wednesday morning and both of us got the approval email. 

[Abbey]

But as a dealer, you can login and see requests and their status. So if the email glitches (I haven't had this happen, just using Lance B's example) you can still go into your approved forms and download them. As an individual I can't see any form 4s and only have the email as source of truth for my approval.

[Ryo]

You are allowed to call the ATF to ask status. If you have the information from the form 4, you can talk with them.

The ATF's NFA Division can be reached at (304) 616-4500 for processing NFA forms.