Form UnNumbered Voluntary Appeal File (VAF) Brochure

VOLUNTARY APPEAL FILE (VAF) APPLICATION
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
below. An application cannot be processed without an original signature.
*Last Name
*First Name
Middle Name
Cadence
Social Security Number

*Date of Birth
*Month *Date

Height

Weight

*State of Residence

*Place of Birth
(State)

*Year

Eyes

*Sex
 Male
 Female

Hair

U.S. Department of Justice
Federal Bureau of Investigation
Criminal Justice Information Services Division
OMB No: 1110-0043

Telephone Number

*Race
 Asian
 Black or African
American
 American Indian or
Alaskan Native
 Native Hawaiian or
Other Pacific Islander
 Unknown
 White
* Country of Citizenship

*Ethnicity
 Is Hispanic or
Latino
 Is Not Hispanic or
Latino

*Citizenship Status
 U.S. Citizen
 Non-U.S. Citizen

*MAILING ADDRESS (for receiving correspondence):

Alien Registration Number (*mandatory if
Country of Citizenship is other than U.S.)

APPLICANT’S STATEMENT: I give the information
on my Voluntary Appeal File (VAF) application voluntarily
with the understanding that if my application is successful,
I will be entered into the 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.

Miscellaneous Numbers
(Military ID, Driver’s License)

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.

FOR MORE VAF INFORMATION:
Customer Service 1-877-FBI-NICS (324-6427)
Telecommunications Device for the Deaf (TDD)
1-877-NICS-TTY (6427-889)
Revised: April 2019

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 (FFL) 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 Indices 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 overturned
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 the transfer of a firearm,
explosive, or associated permit.

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) will be
entered in the VAF along with the descriptive
information from the application. If not applying
online, this application, a set of rolled fingerprints and
any supporting documentation should be sent to:

Federal Bureau of Investigation
Criminal Justice Information Services Division
National Instant Criminal Background Check System Section
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.
Privacy Act Statement
Authority: The collection of information on this form is authorized by
28 C.F.R. 25.10(g).
Principal Purpose: The principal purpose of collecting the requested
information is to allow the FBI to maintain information about you in the
Voluntary Appeal File (VAF) for the purpose of preventing the future
erroneous denial or extended delay by the NICS of a transfer of a
firearm, explosive, or associated permit. You do not have to provide the
requested information to the FBI; however, failure to provide the
requested information may result in the FBI’s inability to retain your
information in the VAF which may, in turn, result in a future erroneous
denial or extended delay of a transfer of a firearm, explosive, or
associated permit.
Social Security Number (SSN): Your SSN is requested to keep records
accurate because other people may have the same name and date of birth.
Your SSN will be used to verify your identity. You are not required to
provide your SSN and failure to provide your SSN will not result in a
denial of your VAF application. However, failure to provide your SSN
may result in an increase of time to process your VAF application or
requests for additional information to verify your identity.
Routine Uses: During the processing of your application and for as long
thereafter as your information is retained in the VAF, your information
may be disclosed pursuant to your consent, and may be disclosed without
your consent as permitted by 28 C.F.R. Part 25, and applicable routine
uses as set forth in the System of Records Notice for the National Instant
Criminal Background Check System, DOJ/FBI-018, 63 F.R. 65223 (Nov.
25, 1998), as amended at 65 F.R. 78190 (Dec. 14, 2000), 66 F.R. 6676
(Jan. 22, 2001), 66 F.R. 8425 (Jan. 31, 2001), 66 FR 12959 (Mar. 1,
2001), and 82 F.R. 24147 (May 25, 2017). Routine uses include, but are
not limited to, disclosures to local, state, tribal, and territorial criminal
justice agencies to determine whether transferring a firearm, explosive,
or related permit to you is prohibited by state or federal law or whether
to grant or deny an appeal from a NICS transaction; and to courts or
adjudicative bodies for the purposes of resolving litigation or anticipated
litigation.
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 30 minutes. 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.