Expert: Robert P. Firriolo - 8/19/2009

Question
I was recently denied a firearm transfer after the NICS check.

I have made a written request for the reason i was denied and requested an appeal.

How long does the appeal process take? and is it worth while to to sign up for VAF ?

Answer
I am not aware of the current time frame for appeals. That's a question best asked directly to FBI's NICS Section.

The value of the VAF (Voluntary Appeal File) seems to come in where somebody has repeated denials or delays that are erroneous. Take for example a gun buyer with a name that is very similar, or identical, to a different person who is prohibited by law from receiving a firearm, and that buyer is repeatedly mistaken by NICS for that prohibited person. By the buyer signing up for the VAF, his personal information will not be destroyed after the transaction proceeds, and he is much less likely to be confused with the prohibited person.

So, whether it is worthwhile for you to sign up for the VAF will depend on why you were denied. If it is a case of mistaken identity, you may want to consider it to facilitate future transactions. You will also have to decide for yourself whether it matters to you that the government is retaining your personal information instead of destroying it after the check is completed, as in a normal transaction.