Form UnNumbered Voluntary Appeal File Brochure

VOLUNTARY APPEAL FILE (VAF) APPLICATION
Date of application:____________________________

U.S. Department of Justice
Federal Bureau of Investigation
Criminal Justice Information Services Division

Please fill out the following information: (* Denotes Mandatory Information)
*** THIS APPLICATION MUST BE ACCOMPANIED WITH A COMPLETED FINGERPRINT CARD ***
NOTE: If you are interested in applying for the VAF, please ensure you read and sign the Applicant’s Statement on the
reverse side of this application. An application cannot be processed without an original signature.
*Last Name

*First Name

Social Security Number
*Date of Birth
*Day
*Year

*Month

Middle Name

*State of Residence
*Place of Birth
(State)

*Gender

*Race
1 American Indian or Alaskan Native
2 Hispanic or Latino
3 Black or African American
4 Asian
5 Native Hawaiian or Other Pacific Islander
6 White or Caucasian
7 Unknown

Female

Weight

Eyes

Hair

*MAILING ADDRESS (for receiving correspondence):

OTHER LEGAL NAMES Last Name

First Name

Cadence

Telephone Number

Male

Height

OMB No: 1110-0043

*Country of Citizenship
*REASON FOR APPLICATION:

Middle Name

Alien Registration Number (*mandatory if
Country of Citizenship is other than US)

Cadence

Miscellaneous Numbers
(Military ID, Driver’s License)

Additionally, if you have denied transactions you would like for the NICS Section to place under appeal along with your VAF
application, you must provide the NICS Transaction Number(s). NTN(s):

NOTE: THIS IS NOT AN APPEAL BROCHURE.
HOWEVER, THIS APPLICATION CAN BE
USED TO INITIATE AN APPEAL ALONG WITH
APPLYING FOR THE VAF. IF YOU WANT TO
INITIATE AN APPEAL, PLEASE PROVIDE THE
NICS TRANSACTION NUMBER ON THE
BOTTOM OF THIS APPLICATION.
FOR MORE VAF INFORMATION:
Customer Service 1-877-FBI-NICS (324-6427)
Telecommunications Device for the Deaf (TDD)
1-877-NICS-TTY (6427-889)

OMB No: 1110-0043

Brady Act Requirements

The Brady Handgun Violence Prevention Act
of 1993 (Brady Act), Public Law 103-159, was signed
into law in November 1993, 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 U.S. 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 information to be suppilied
immediately 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 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 check 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 would violate state or federal law.

The NICS, which is operated by the FBI
Criminal Justice Information Services (CJIS)
Division’s NICS Section, 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.

Voluntary Appeal File

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 NICS
Section must destroy all identifying information on
allowed transactions within 24 hours of notification
to the FFL. If a potential purchaser is delayed or
denied a firearm and successfully appeals the decision,

the NICS Section cannot retain a record of the oveturned
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 appeal.

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

Application Process

Under this process, individuals have the
option to supply the 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 entry into the file.
The individual’s signature under the applicant’s
statement is required to give the 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. This application, a set
of rolled fingerprints and any supporting documentation
should be sent to the following address:

Federal Bureau of Investigation
Criminal Justice Information Services Division
National Instant Criminal Background Check System
Voluntary Appeal File
Post Office Box 4278
Clarksburg, WV 26302-4278
After reviewing the application and fingerprint

card and validating the materials submitted by the
applicant, the 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 NICS Section is required to destroy any records
submitted to the VAF upon written request of the
individual. Additionally, if the NICS Section
discovers a disqualifying record on the individual
after their entry into the VAF, the NICS Section may
remove the individual’s information from the file.
APPLICANT’S STATEMENT:
I give the information on my VAF application
voluntarily with the understanding that if my
application is successful, I will be entered into the
Voluntary Appeal File (VAF), maintained by the
FBI Criminal Justice Information Services
Division’s National Instant Criminal Background
Check System (NICS) Section. I understand if at
any time I wish to be removed from the VAF, I can
make a request in writing to the NICS Section to
be removed. I also understand if the NICS Section
discovers a disqualifying record after my entry
into the VAF, the 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 fingerprint card must be returned by mail only.
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 Criminal Justice Information Services (CJIS) Division’s National
Instant Criminal Background Check System (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 CJIS
Division’s NICS Section, Post Office Box 4278, Clarksburg, West Virginia
26302-9922.