Form 4 Wait Time Question

[CamaroDMD]

So, earlier this year I decided it was time to dive into the world of suppressors. I purchased a Silencerco Sparrow 22 can from a local dealer and promptly filed my individual Form 4 paperwork.

Here is the current timeline:
Purchased: 3/28/2018
Mailed Form 4 and all Needed Paperwork: 4/12/2018
Check Cleared: 4/19/2018 (7 days)
Called ATF to Check: 12/11/2018 (236 days since check cleared)

So, I called the ATF today to check on my status. As I mentioned before the check cleared 236 days ago. The lady at the ATF asked for some information and then told me they are "waiting on the background check from the FBI." Does that mean anything? Based on that response, can I gauge how much longer I will likely have to wait or is there simply no way to know? Is this a "canned response" from the ATF or does this actually mean I am making progress?

 

[Englishmn]

The fbi background check is the bottleneck.

 

[CamaroDMD]

The fbi background check is the bottleneck.

OK, so has it likely been in this status for quite some time then?

 

[Englishmn]

Yes.

 

[CamaroDMD]

Yes.

OK...well I guess all I can do is wait. Thank you for the information.

 

[Englishmn]

Ya, it sucks I'm waiting on two from September.

 

[Joshua M.]

My check cleared 12/29/2017...ears are still ringing.

 

[Englishmn]

Wow did you call to check status yet?
A buddy's got rejected and he had to send it again took 18 months total.
I'm hoping for 9 months but will call and check after 6 then monthly after that.

 

[Gtscotty]

The fbi background check is the bottleneck.

Which is extra annoying because from what I've heard, it's just a NICS check, and it never used to be the bottleneck it is now. No one seems to know what changed.

 

[Englishmn]

I would bet it's at a stop now because of partial gov shutdown.

 

[CamaroDMD]

I would bet it's at a stop now because of partial gov shutdown.

That wouldn’t surprise me.

 

[Gtscotty]

BTW,

I'm sure you'll like your Sparrow when it finally gets here. Some folks talk the Sparrow down because it has more FRP on pistols than some other options, but it's still one of the quietest .22 cans you can buy for a rifle:

https://www.instagram.com/p/BoehxUIncKi/?hl=en

No complaints on mine, it's tough and easy to clean, to boot!

 

[EmGeeGeorge]

I would bet it's at a stop now because of partial gov shutdown.

Apparently the guy who deposits the checks is still on payroll- mine just went thru yesterday, they recieved the application package on this past Saturday.

 

[Dan Forrester]

I would bet it's at a stop now because of partial gov shutdown.

As was said above the bottle neck is the FBI background check. I would think (hope) whatever department within the FBI that is responsible for conducting background checks would remain open.

Maybey the delays won’t be as bad as everyone is fearing once the government is back up and running.

Dan

 

[randym]

I sent in paperwork for an SBR in June, and received the stamp last week, on a trust.

 

[EmGeeGeorge]

Here’s the oculus I bought on a p22; tried it on my TCR-22 (10/22 knockoff) too, gonna get my 21a threaded as well... maybe pick up an M&P 22 compact as well. I’m glad I can use it at the local range while I wait on the stamp.

 

[AlexanderA]

The FBI check shouldn't take months. In fact it could be done in 24 hours. What is happening is that it's sitting in someone's inbox. That has to be deliberate. NFA applications are being assigned the lowest priority.

 

[dogtown tom]

The FBI check shouldn't take months. In fact it could be done in 24 hours. What is happening is that it's sitting in someone's inbox. That has to be deliberate. NFA applications are being assigned the lowest priority.

An FBI NICS check takes around two minutes by phone, less if by Echeck…...if you get a "proceed".
The problem is ATF cannot process the Form 1/4 until the FBI gives a proceed status. Unlike a Title I NICS check, there is no three business day "delay". If the background check cannot be resolved, then the Form 1/4 cannot be processed. The FBI may never be able to issue a proceed, effectively killing that application.

I have 3-5 Form 4's stuck in that nightmare. What will happen eventually is the Form 4 being denied, the applicant refunded. This seems to happen to trusts with many Responsible Persons listed. This means submitting a new Form, omitting the RP who could not pass the FBI NICS check.

 

[Gtscotty]

I had heard of applications getting caught up with the FBI in the past, especially in with trusts where someone on the trust had a history with the law, or even certain types of clearances. The FBI black hole now seems to be much different, swallowing up many if not most individuals and trusts for months at a time. This doesn't seem like a problem with applicants not passing the background checks as much as it is a workload throughput issue at the FBI. I'd agree with AlexanderA that the NFA checks have been pushed to the back burner, I'd guess by some other workload with higher administration priority, maybe something related to border security or checking illegal emigrants or something like that.

Either way, on other forums, folks are reporting some success with contacting their Representatives or Senators and requesting help getting information from the FBI on where their background check is, and why it's not done. It seems like often after the FBI receives a congressional on a long over due background check, it gets a little more focus and is wrapped up in a few weeks.

If I get the awaiting FBI background check status from the ATF for a month or so, my plan is to start writing my Representatives to ask for help. No one likes answering a congressional, I'm guessing that if the FBI gets enough, there will be increasing incentive for them to try to figure a way to clear up this mess.

 

[AlexanderA]

The problem is ATF cannot process the Form 1/4 until the FBI gives a proceed status. Unlike a Title I NICS check, there is no three business day "delay". If the background check cannot be resolved, then the Form 1/4 cannot be processed. The FBI may never be able to issue a proceed, effectively killing that application.

That doesn't explain the delay, in many cases. People that would get an instant Title I NICS "proceed" are still waiting months for an NFA approval. I think these are being shoved to the back of the FBI examiners' piles.

 

[AlexanderA]

Either way, on other forums, folks are reporting some success with contacting their Representatives or Senators and requesting help getting information from the FBI on where their background check is, and why it's not done. It seems like often after the FBI receives a congressional on a long over due background check, it gets a little more focus and is wrapped up in a few weeks.

I worked for the government for 30 years. Congressional inquiries were taken very seriously. I would say at least 5 times more seriously than those of an ordinary citizen. (And that's not to say that ordinary citizens' inquiries were ignored, either.)

 

[dogtown tom]

That doesn't explain the delay, in many cases. People that would get an instant Title I NICS "proceed" are still waiting months for an NFA approval. I think these are being shoved to the back of the FBI examiners' piles.

"The delay" is twofold, the delay caused by the FBI background check and the delay caused by the ATF NFA examiner.

The ATF NFA examiner doesn't begin his/her work until the results of the FBI background check are returned. I'm sure that NFA apps are pretty low priority with the FBI.

Volume of applications adds to the delay as well. Unlike the business world where you can hire new employees today, ATF NFA branch can only hire what their budget says they can. If Form 1/4 applications skyrocket, its the same number of employees unless they get approval for contract labor.

The system isn't broken, but its still 1934.