What are the differences between the phone in NICS check a regular firearms dealer performs when they make a sale and the background check performed on a NFA transfer?
Why would a NFA transfer be denied?
Although I am not absolutely certain, the fact that you submit fingerprint cards with an NFA transfer indicates an AFIS check. Any possible matches must be verified by an individual. They may also get more serious about checking any “sound a likes” on your name, date of birth…
“Why would an NFA transfer be denied?” Because the transferee is a prohibited possessor…
In theory both checks should be the same, as both are to determine if transferee is a prohibited possessor. In reality I believe the NFA check is a little more detailed. Also understand the NFA Branch verifies the info of the item being transferred. Serial number, description, barrel length, caliber… I understand this is not as much an issue on a Form 1.
There is no difference between a NICS check for NFA vs. a standard firearm. The call goes to the same place.
Strangely enough I can honestly say that I don’t recall anyone calling in my purchases. Possibly because if you have a CWL in Arizona you are exempt from NICS.
As to the the OP’s question you need to provide some more information. If you were “prohibited” of there was something wrong the the paperwork I think it would have already been detected.
What about a firearms trust where no photos or fingerprint cards are submitted?
Are the rules different for a to describe a prohibited possessor?
I am only curious about this because I went to the ATF website and found no definition for approval of an ATF stamp.
I have not been prohibited and can’t imagine I will be based on what I do for a living.
Question is Why does it take so long if the check and rules are the same. Every regular check I have ever had run took all of 5 min or less.
Please stop beating around the bush, because based on what I read that’s what it sounds like.
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Have you arealdy been denied? If so, then find out why.
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If you haven’t been denied YOU alone know what is in your background. Bottom line is that if you can’t own or purchase a FIREARM of any type, you can’t have an NFA weapon. Same rules apply.
Not true, Just sent you a PM.
This question leads me to believe you’re asking why it’s a 3 month or more process for an NFA weapon and why it’s a 5 minute process for non- NFA. NFA is governed by a different set of laws basically. There’s all kinds of info on this site that explains it in detail, just take a look around.
I did some searching. I will rephrase my question:
I set up my trust, purchased the SBR, gun store sent in the paperwork with the check, check has been cashed, and I wait. For 2-5 months based on what I have read.
Does anyone have insight into the process the paperwork goes through from now until the paperwork is approved and the forms are returned with the stamp.
My records are clean.
Thanks!!
Yes, it generally sits on someones desk more or less. There are only about 8-10 examiners and there are thousands of forms being sent in. Between all the individuals, dealers, and manufactures sending in forms its just an overloaded system. I bet actually time spent investigating each form is only a hour is so per form if going the individual route maybe longer due to finger print checks.
Eta: poor typing, on my phone 
You edited it your initial post as I was responding. The BATFE is a bureacracy and like any good government entity they work at one speed.
rushca01 answered the rest of it pretty well.
There are differences. A NIC’s (National Instant Check) only performs a check on your name, date of birth and ssn, if you provide an ssn. The NFA check includes fingerprints which will show if you were ever arrested under a different name. You would be surprised how many people have given a false name and once released on bail/bond are never seen again. AFIS has reduced this considerably, but it still happens. Also, NICS provides a mask/format that once filled out and entered queries several databases. These have been determined to be the minimum databases required. There are other databases that could be queried. For example the local Sheriff’s Office queries Phoenix PACE and others databases that a NIC’s check does not before the CLEO “sign off” for an NFA item. If the Sheriff’s Office finds you listed in a report as anything other than a victim or witness they obtain the report and review it before signing. They also perform an AFIS check on your prints, as does the NFA Branch. Any possible matches the computer “spits out” must be compared and verified or omitted by a person examining the prints. Last I knew the NFA Branch used the FBI to perform their fingerprint checks. This may have changed since AFIS systems are so common place in L/E Agencies now. As I stated before, I do not know what the NFA Branch’s procedure is for an individual transfer, but I do know it includes AFIS fingerprint check and could, if they so desired include a more thorough check.
Also, there are several numbers to call throughout the country for a NIC’s check. Whatever agency in whatever state or jurisdiction does use the same mask and query the same databases, but there are different agencies throughout the country performing the checks.
You are reading into what is being said. Even though you submit fingerprints to the NFA for an item (the check is still done by the FBI) I have also heard that there are dealers doing NICS checks when you pick up the item.
It also doesn’t matter if you have been arrested or not only a disqualifying conviction is what matters. In addition if you go the trust route there are no fingerprints or FBI check so the only check that would actually happen would be the potential NICS one.
When I picked up my items on Form 4s my dealer had me fill out a 4473 for his files but it wasn’t called in.
From the back of the Form 4
"13. Are You:
a. Charged by information or under indictment in any court for a crime punishable by imprisonment for a term exceeding one year?
b. A fugitive from justice?"
A felony arrest under a different name whether convicted or not would matter, if the issue had not been adjudicated.
Rider 79, The dealer should have you fill out a 4473 and there is a box to check that it is an NFA item and no nics check is required.
From the 4473
“22. No NICS check was required because the transfer involved only NFA fireann(s). (See /nsrructionsfor Question 22.)”
Yep, that’s what was done.
That only applies to individual NFA transfers.
NFA transfers with trust/corps still must have a NICS check performed on the individual picking up the firearm at the end of the transfer.
I was merely speaking to Rider 79’s specific situation. The Trust, LLC and Corp are new to me.
Basically:
The examiner of the NFA transfer must verify:
- The transferor is real
- The transferee is real
- The both parties are legally qualified to be doing what they want to do.
- The firearm exists and is not stolen.
- Process fingerprint cards.
- Any trust or corp involved is real and legal.
- The firearm in question is legal in the particular state the NFA transfer is taking place in.
- All FFLs and SOTs involved are valid.
Contrary to popular belief, the examiner simply doesn’t just look at the form and make sure it is filled out correctly. They actually have to work through all this and know how to do this, without having to go to their supervisor every hour.
In a non NFA transfer, the burden of all this falls on the dealer or it is already taken care of by default due to the way firearms dealing is set up.
Once again you are READING INTO what I am saying.