100 days and counting on an eForm 1 now as an individual.  “Pending FBI...they do our backgrounds and the wait varies.  We have no control over it.”

I get it.  I know.  I have other cans and SBRs.  But it chaps my ass seeing fuds walk out with a freakin Springfield Hellcat with an instant background check where I live (MO) and I’m going over 100 days just to have a short barrel.  

Submit another one. If the first happens to be approved instead of denied as it should then have them cancel it.

Thought about it.  It’s a 12.5 SBR with TA31 ACOG and AEM-2 can   Also thought about just scrapping the 12.5 and buying a 16” barrel instead.

That’s crazy. I did one in May that took 14 days. One two years ago took 9 days.

I just talked to a friend of mine and he’s at just over 9 months.

I told him to call and tell them that he’s committing a felony (he’s not) and they need to hurry up with his shit or come get him.

I had a 6 month eform1.  Everybody else is getting 14day stamps and I'm getting screwed.  I called the ATF and even the FBI like you.  They don't give a shit and they don't give out any information to be helpful.

One dude did let me know that there's no law saying how fast NFA background checks can take.  While the NICS ones have a few day time box on them before the buyer just gets to walk out with their gun.  Thats why they prioritize standard NICS checks over NFA.  Still didn't do anything to help explain why mine was taking months and others' were taking hours.

deleted...this isn’t going to be another tracking thread

I have two AOW eForm 1 applications pending from December 2019.

If it took over a month then I would have submitted it again. I've had 6 take 22 days or less the last few months. When the 2nd one does through, it will get disapproved for duplicate mfgr/serial number and you'll get automatically refunded. Or you can ask for it to be canceled. No reason to keep waiting

I did that and I am back over a month waiting again.

I have two cans that are taking entirely too long. My first three were 9 months each. I have one I submitted back in June of 2019 and the other was March of this year (OK, that one isn't as long). My efile Form 1's were less than 30 days each time. Even with the Rona my longest was in the 20 day range.

So you're over 1 yr on one of your silencers? I'd be contacting my congressman.

Illegal. It's a NICS check, and the FBI is holding your background check open longer than legally allowed per NICS.

Contact your congressman.

101 days and still waiting. F1, individual, SBR. It makes no logical sense for 2 reasons.  I've had 4 or 5 approved in the 2-3wk range just this year alone, and it seems the vast majority of people are still getting approvals in 2-3wks.  

I also got the reply that it's the fault of the FBI taking so long with the print cards.  ATF said my options are to cancel and resubmit or just keep waiting.  

I know it's likely pointless, but if my print cards are buried somewhere and collecting dust then maybe a new set with the original cover letter will move things along.  So, I sent a copy of the cover sheet from 06/18 and 2 sets of prints last week.  My hope (lol) is they'll be processed as quickly as all of the others while my original set can continue collecting dust for all I care.  Worst case I'm out 2 cards, an envelope and $1 in postage....

lol. That's a great idea. I'm in the same boat, at 110 days with one of my Form 1's and may try this.

I had an eForm 1 that got hung up and was at ~130 days. I wrote out a polite email asking WTF, and listing my previous approvals, pointing out the eF 1 and the Form 4 that had been submitted since the held up one. Sent that to ATF using the 'Ask the Experts' feature in eForms. I never got an actual reply, but my stuck form was approved a week later. 138 days.

I’m over 100 days on a eForm 1.  Sent an email last week to “ask the experts”, got a response after a couple of days that said it was in delay status, waiting on the FBI, which is the answer I expected.  Close to canceling and resubmitting.

FBI doesn't run the print cards.

It's a simple NICS check. Contact your congressman.

I really wish more people know the BS the FBI was pulling here.

So where do the print cards go?

Still waiting?

I'm at 114 days if you count canceling and resubmitting.  The best part is I had 2 form 4s approved during this span.

They keep them on file. They're only required as the original 34 NFA law requires them. Same as the pictures, application, and 200 bucks.

Ironically background checks are not a requirement per the original law....

Don't believe me? Call up ATF and ask to speak with a supervisor there. Ask them what kind of background check is run by the FBI for NFA stuff. They will tell you its a NICS check, not an AFIS check. They will even give you the NTN if you ask nicely.

Shit, ask any of our local NFA dealers on this forum (i.e. CapitolArmory or Hansohn)

I found this out when dealing with this issue myself a while back. I ended up contacting my congressman who forwarded me communication from the NFA Branch Chief and FBI's CJIS head which verified it was a NICS check. They also verified FBI had my NICS check open for over 90 days - beyond the limits of the law (all requests are supposed to be destroyed after 90 days).... but that's another story.

ETA: Really wish more would be done about it, but sadly its not, and the FBI knows they can get away with it. If FBI ever gets sued (and they have) for sitting on a NICS check for an absurd amount of time, or refusing to review a denial, they simply approve it once the case hits the courts, and then courts throw out the case as the initial problem has been solved. They get away with it left and right and break federal law themselves all the time.

The whole FBI delay is becoming more common now. I'm over 60 days on my current Form1 submission and have decided to engage my congressional representative. Over on the Form1 forums there are a good number of people experiencing the same issue of 60-100-120 days with "FBI Delayed".

Response back on my latest inquiry to the ATF-


Attached File

Illegal.

28 CFR  25.9 - Retention and destruction of records in the system.


See Open (aka, delayed) definition per the law:


They're routinely approving checks that have been in the "delay" status for 90 days or more. Congressmen need to start poking around, because at this point its absolute bullshit.

Went ahead and requested cancellation of my F1 SBR submission from 6/18, which has been sitting in FBI-delay.  Got a reply that it was cancelled this morning and immediately resubmitted a new one.  Just burns me that I had to use up my last set of fingerprint cards.  Website was surprisingly quick this morning.

I'm at 127 days on an eForm1 Trust Suppressor. I'm the only RP.

June 29th all items received.
Form1 Trust.
Checked in with the experts on 10/08 and response was FBI delay status.

Update:  Resubmittal was approved after 41 days.  Not sure if the FBI is simply catching up and original submission would have been approved by now anyway, or the original would still have been “stuck” in delay if I hadn’t cancelled and resubmitted.  Anyway, just glad it’s done.