News Regarding NFA Applications – Enlongated Approval Times Could Be Coming to an End!!!

Posted on by Joshua Prince, Esq.

Today at the National Shooting Sports Foundation Import/Export Conference, Steve Albro, Chief of ATF’s Firearms/Explosives Services Division informed the attendees that that the elongated NFA approval process (Forms 1s and Forms 4s that are currently taking 6-8 months for approval) could be coming to an end!

He started out by explaining, as I have previously discussed, that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF  or BATFE) hired 12 temporary “research assistants” and one temporary supervisor. He explained that the role of the temporary assistants is not to approve applications; but rather, to ensure that the applications have been correctly submitted, so that the examiners can stream line the approval process. Since 2011, the amount of received applications has surpassed the number of approved applications in every monthly period. He attributed this to the increased demand in the silencer/suppressor market, as more states have legalized the ownership and use of silencers/suppressors. He also stated that since 2011, every month has been a million dollar plus month in tax revenue received because of NFA applications.

However, in April of 2012, this trend changed. While every month continues to be a million dollar revenue month, they have been successful in approving more applications every month than received. This is attributed to the new temporary help. Since April of 2012, the backlog of applications was reduced by approximately 10,000 (~43,000 to ~34,000). While the examiners, prior to the temporary help, were approving 8,800 transfers per month, they are now approving in excess of 14,000 transfers a month. This is a huge accomplishment for an agency/ department that is under a hiring freeze.

He also explained that they are asking Congress to allow them to use some or all of the revenue collected to hire additional, permanent, help and to help fund an update to their antiquated systems. Currently, all money collected under the NFA is deposited into the Treasury’s account, where ATF has no access to it and no right to its use.

The other interesting tidbit that he disclosed when asked is that where an Federal Firearms Licensee (FFL) submits a Form 1 or Form 4, that application is placed into a special folder for quicker processing, as the background of the FFL holder has already been vetted. So, for instance, if an 07 manufacturer FFL submits a Form 1 to make a destructive device that application would be processed swifter than if submitted by an individual. While it is rare that an FFL would be submitting a Form 1 or Form 4, it does occur and the NFA Branch already has a procedure in place to handle its processing.

As other pertinent information becomes available at the conference, I will make sure to keep everyone apprised.

Published by Joshua Prince, Esq.

With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon. I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with: - License to Carry Firearms Denials; - Challenges to Erroneous PICS Denials; - Relief from Firearms Disabilities; - Estate Planning Advice; - Gun/NFA Trusts; and - 42 USC 1983 Actions for Deprivation of Civil Rights At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding: - ATF Compliance Inspections; - Warning Letters and Hearings; - FFL Revocations; - Corporate Structure Advice - Indoor/Outdoor Range Implementation; and - Forfeiture Proceedings In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI). While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2. You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth. Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).

2 thoughts on “News Regarding NFA Applications – Enlongated Approval Times Could Be Coming to an End!!!”

  1. Pingback: Form 1 and Form 4 Examiner Wait Times – Think Twice Before Complaining « Prince Law Offices, P.C.
  2. Pingback: Form 4 Wait times expected to decrease — NFA Gun Trust Lawyer Blog

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