VAF... Voluntary Appeal File

[Rshelbu]

http://www.fbi.gov/hq/cjisd/nics/vafbrocheng.pdf Before I applied for and received my LTCH, I had never been denied or delayed. Since then it has happened 2 out of 4 times I have purchased a gun. I just picked a gun up today (Tuesday), that I tried to bring home Sunday, but was delayed by the NICS system. After I told the shop owner of my problems he gave me a package to fill out and send in to the FBI that creates a Voluntary Appeal File (VAF). This process permits applicants to request that the NICS maintain information about them in the VAF, a seperate file to be checked by NICS, to prevent erroroneous denials and extended delays in the future

 

[bw210]

Brady Act Requirements

In November 1993, the Brady Handgun
Violence Prevention Act of 1993 (Brady Act),
Public Law 103-159, was signed into law 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 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 immediate information 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 NICS 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.

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 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 of a firearm would
violate state or federal law.

successfully appeals the decision, the FBI NICS
Section cannot retain a record of the overturned
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 purchase.

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

Under this new process, potential
purchasers will have the option to supply the FBI
NICS Section with information such as name,
date of birth, social security number, and any other
identifying numbers using the VAF application
included in this brochure to request to be entered
into the file. The individual’s signature under the
applicant’s statement is required to give the FBI
NICS Section permission to retain the information
in this file. Documents that may clarify records
or prove identity (e.g., fingerprint cards, court
records, pardons, etc.) will be entered in the VAF
along with the descriptive information from the
application. Fingerprint impressions are required
and must be prepared by a law enforcement agency
that must stamp the agency name, address, and
telephone number on the fingerprint card. This
application, a set of rolled fingerprints, the reason
the person believes they should be entered into the
VAF and any supporting documentation should be
sent to the following address:

Applicant, the FBI NICS Section will enter
successful applicants into the VAF. The
applicant will be notified by mail if their
application qualifies for entry into the VAF.
Entry into the VAF will not automatically
result in a proceed response on subsequent
purchases. A complete NICS check is still
required and will result in a denial if
additional prohibitive information is
discovered. The FBI NICS Section is required
to destroy any records submitted to the VAF
upon written request of the individual.
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.


Voluntary Appeal File

Application Process
APPLICANT’S STATEMENT:
I give the information on the following page voluntarily
with the understanding that if my application is successful,
I will be entered into the FBI NICS Voluntary Appeal File
(VAF). I understand that if at any time I wish to be
removed from the VAF, I can make a request in
writing to the Voluntary Appeal File Team to be
removed. I also understand that if the FBI NICS
Section discovers a disqualifying record after my entry
into the VAF, the FBI NICS Section may remove my
information from the file.
_____________________________ __________
SIGNATURE DATE
A signature is required on the above applicant’s
statement. If the required signature is absent, the
application cannot be processed and will be returned to
the applicant as insufficient. This brochure with original
signature and original fingerprints must be returned by
mail only.
Mailing Address (for receiving correspondence):
___________________________________________
___________________________________________
___________________________________________
Telephone Number: ( )__________________
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 FBI NICS Section
must destroy all identifying information on
allowed transactions prior to the start of the next
FBI NICS operational day. If a potential purchaser
is delayed or denied a firearm and
Federal Bureau of Investigation
National Instant Criminal Background Check System

Voluntary Appeal File Team
Post Office Box 4278
Clarksburg, WV 26302-9922

After reviewing the application, fingerprint
cards and validating the materials submitted by the
Under the Paperwork Reduction Act, a person is not required
to respond to a collection of information unless it displays a
valid OMB control number. The FBI NICS Section tries to
create forms and instructions that are accurate, can be easily
understood, and which impose the least possible burden to you
to provide us with information. The estimated average time to
complete the application is 5 minutes, 2 hours for
fingerprinting, and 25 minutes for mailing for a total of 2.5
hours. If you have comments regarding the accuracy of this
estimate, or suggestions for making this form simpler, you can
write to the FBI NICS Section, Post Office Box 4278,
Clarksburg, West Virginia 26302-9922.


Attached (1) page form doesn't ask anything NICS doesn't already have access too. Free form application and fingerprint card($5-10) only. After over (30) 3-day waits, this could be the wait cure. Just wondering if approved for a VAF, with a permanent file on YOU, would they add purchases to your file? Or just an instant confirm to who you are when the FFL holder checks?