An NFA background check is the FBI NICS screening the ATF runs on every applicant before approving a Form 1 or Form 4 for a National Firearms Act item. It uses your fingerprints, photograph, and personal identifiers to search federal criminal, mental health, and immigration databases for anything that would prohibit you from possessing a firearm. As of March 2026, individual applications filed through the ATF’s eForms portal are averaging six days from submission to approval, and most NFA items no longer carry a transfer tax at all.
Who Passes and Who Gets Denied
The check itself applies the same prohibited-persons list that governs any firearm purchase. Your application will be denied if you fall into any category under 18 U.S.C. § 922(g) or (n).1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The disqualifiers are:
- A conviction for any crime punishable by more than one year in prison
- Fugitive status
- Unlawful use of, or addiction to, a controlled substance
- A court finding of mental incompetence or a commitment to a mental institution
- Unlawful presence in the United States, or nonimmigrant visa status (with limited exceptions)
- A dishonorable discharge from the military
- Renunciation of U.S. citizenship
- A qualifying domestic violence restraining order
- A misdemeanor conviction for domestic violence
One detail worth reading carefully: the restraining-order disqualifier applies only to orders issued after a hearing where the person had notice and an opportunity to participate, and the order must include a credible-threat finding or explicitly prohibit the use of force against an intimate partner or child.2Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons A temporary ex parte order issued without a hearing does not trigger the prohibition on its own.
NICS itself pulls from the National Crime Information Center, the Interstate Identification Index, and the FBI’s own databases.3Federal Bureau of Investigation. About NICS If nothing hits, the application moves toward approval. If something hits, the check goes into extended review.
What You Submit
Every applicant, whether filing as an individual or as a responsible person within a trust, submits the same core package. Federal law requires fingerprints and a photograph as part of the identification step for any NFA transfer.4Office of the Law Revision Counsel. 26 USC 5812 – Transfers
- Two completed FD-258 fingerprint cards per applicant, legible enough for automated scanning. Even eForms filers still have to mail the physical cards to the ATF’s facility in Martinsburg, West Virginia, using the cover letter the portal generates. Missing that mailing window can trigger automatic cancellation.
- A 2×2-inch color passport-style photograph taken within the last six months, plain white or off-white background, no glasses, hats, or uniforms. eForms filers upload this digitally.
- Full legal name, Social Security number, physical address, and identifying descriptors like height and weight. These reduce the odds of a false NICS match on a similar name.
Picking the Right Form
Form 1 is for people making or converting an NFA item themselves.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Make and Register NFA Firearm Form 4 is for buying one from a dealer or private party.4Office of the Law Revision Counsel. 26 USC 5812 – Transfers Filing the wrong one is one of the fastest ways to get an application returned.
Individual or Trust
Filing as an individual means only you can possess the item unless you’re physically present. Filing through a gun trust lets you name additional trustees who can transport and use the item independently. That flexibility keeps trusts popular for shared access and estate planning.
The catch is that every trustee or “responsible person” has to submit ATF Form 5320.23 individually, with their own fingerprints and photograph.6Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Responsible Person Questionnaire, ATF Form 5320.23 Four trustees means four background checks, four sets of prints, and four photos. A trust with a single trustee is common for that reason.
CLEO Notification
Before you submit, you have to send a copy of the application to the chief law enforcement officer in your jurisdiction, meaning the local chief of police, county sheriff, head of state police, or local prosecutor.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms – Frequently Asked Questions The CLEO cannot approve or deny anything; the 2016 rule change stripped that veto power and made the step purely informational.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Background Checks for Responsible Persons (Final Rule 41F) Every responsible person in a trust sends their own notification to the CLEO where they reside.
What It Costs in 2026
Most published guides on this topic are out of date. A 2025 amendment to 26 U.S.C. § 5811 restructured the transfer tax so that only machineguns and destructive devices still carry the $200 stamp. The transfer tax on suppressors, short-barreled rifles, short-barreled shotguns, and items classified as “any other weapon” is now $0.9Office of the Law Revision Counsel. 26 USC 5811 – Transfer Tax The old $200 rate on suppressors and short-barreled firearms and the $5 rate on AOWs no longer apply to transfers.
Any tax owed is paid at filing. When the ATF approves the application, the stamp attaches to the approved form, and that form is your legal proof of registration. Keep a copy accessible whenever you have the item.
Current Wait Times
Once the application is complete, the ATF routes your information to NICS and your status shows as “Pending.” Processing has improved sharply from the multi-month waits common a few years ago. As of March 2026, the ATF reports these averages for finalized Form 4 applications:10Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times
- Individual eForms: 6 days
- Individual paper: 30 days
- Trust eForms: 25 days
- Trust paper: 20 days
Those figures average all finalized applications, including approvals, denials, and withdrawals. Trust applications take longer on average because each responsible person requires a separate check. Individual applications flagged for additional NICS research can still run considerably longer than the posted average.
If You’re Denied or Stuck in Delay
A “denied” result doesn’t end the matter if you believe the record is wrong. The ATF’s NFA Division will send a letter explaining that you can file a Firearm Related Challenge through the FBI’s NICS Section, using the same appeals procedure the FBI runs for standard purchase denials.11Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF and FBI Formalize Appeals Process for Certain National Firearms Act Applicants You’ll need the NICS Transaction Number from your denial letter, and the FBI may request another set of fingerprints.
A different path applies when an application is stuck in a prolonged “delayed” status. The ATF will tell you that you can apply for the FBI’s Voluntary Appeal File. Approved applicants receive a Unique Personal Identification Number that helps NICS separate them from other individuals whose records are causing the false match. The FBI currently processes VAF applications within about 60 days of receiving all required materials.12Federal Bureau of Investigation. Voluntary Appeal File A UPIN doesn’t make future checks instant, but it substantially reduces repeated delays from common-name matches.
State Law Still Applies
Passing the federal background check and receiving an approved tax stamp doesn’t override state law. Eight states ban civilian possession of suppressors outright, and several others restrict short-barreled rifles, short-barreled shotguns, or machineguns beyond the federal baseline. Confirm your state allows the specific item before you file, because federal approval will not save you from a state possession charge.
After Approval at the Dealer Counter
When the ATF approves a Form 4, the dealer receives the approved stamp and you visit to pick up the item. If you filed as an individual, the dealer does not need to run a separate NICS check at pickup, because the NFA approval already included one.13Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Handbook – Chapter 9: Transfers of NFA Firearms If the item was registered to a trust or other legal entity, whoever picks it up completes a Form 4473 and passes a NICS check at the counter.