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HGWC wrote: I don't buy that some background checks are more complicated as an excuse for the DPS. I expect that almost all of the applications are the same. Almost all the applicants have no records of misdemeanor or felony crimes, no delinquent student loans or taxes, no protective orders, etc etc. For example, my application from August was being delayed during the period they were processing yours. There's no explanation for processing applications out of order or exceeding the 60 day limit.

No one is getting their application processed in a reasonable amount of time, not in Harris county anyway. Sixty days is the outside limit allowed by the statute. They should be processing these applications in no more than thirty days in order to ensure that only the rare exception ever approaches or exceeds 60 days. From what I can see, all applications are taking more than 60 days. Yours at 82 days is the rare exception. Most are much longer. It's completely at their discretion, and they're choosing to violate the law and deny our rights. Don't make excuses for the DPS.

(b) The director's designee as needed shall conduct an additional
criminal history record check of the applicant and an investigation of
the applicant's local official records to verify the accuracy of the application
materials. The scope of the record check and the investigation
are at the sole discretion of the department, except that the director's
designee shall complete the record check and investigation not later
than the 60th day after the date the department receives the application
materials.

agbullet2k1 wrote:Glad to see that some of the Harris apps are going through. My wife's is still floating around somewhere with no help from elected officials or DPS yet. 261 days and counting...

GC $411 .I 80. NOTIFICATION OF DENIAL, REVOCATION, OR
SUSPENSION OF LICENSE; REVIEW. (a) The department shall
give written notice to each applicant for a handgun license of any
denial, revocation, or suspension of that license. Not later than the
30th day after the notice is received by the applicant, according to the
records of the department, the applicant or license holder may request
a hearing on the denial, revocation, or suspension. The applicant must
make a written request for a hearing addressed to the department at
its Austin address. The request for hearing must reach the department
in Austin prior to the 30th day after the date of receipt of the written
notice. On receipt of a request for hearing from a license holder or
applicant, the department shall promptly schedule a hearing in the
appropriate justice court in the county of residence of the applicant or
license holder. The justice court shall conduct a hearing to review the
TEXAS CONCEALED HANDGUN LAWS GC §411.180. 11
denial, revocation, or suspension of the license. In a proceeding under
this section, a justice of the peace shall act as an administrative
hearing officer. A hearing under this section is not subject to Chapter
2001 (Administrative Procedure Act). A district attorney or county
attorney, the attorney general, or a designated member of the department
may represent the department.
(b) The department, on receipt of a request for hearing, shall file the
appropriate petition in the justice court selected for the hearing and
send a copy of that petition to the applicant or license holder at the
address contained in departmental records. A hearing under this
section must be scheduled within 30 days of receipt of the request for
a hearing. The hearing shall be held expeditiously but in no event
more than 60 days after the date that the applicant or license holder
requested the hearing. The date of the hearing may be reset on the
motion of either party, by agreement of the parties, or by the court as
necessary to accommodate the court's docket.
(c) The justice court shall determine if the denial, revocation, or
suspension is supported by a preponderance of the evidence. Both the
applicant or license holder and the department may present evidence.
The court shall affirm the denial, revocation, or suspension if the court
determines that denial, revocation, or suspension is supported by a
preponderance of the evidence. If the court determines that the denial,
revocation, or suspension is not supported by a preponderance of the
evidence, the court shall order the department to immediately issue or
return the license to the applicant or license holder.
(d) A proceeding under this section is subject to Chapter 105, Civil
Practice and Remedies Code, relating to fees, expenses, and
attorney's fees.
(e) A party adversely affected by the court's ruling following a
hearing under this section may appeal the ruling by filing within 30
days after the ruling a petition in a county court at law in the county in
which the applicant or license holder resides or, if there is no county
court at law in the county, in the county court of the county. A person
who appeals under this section must send by certified mail a copy of
the person's petition, certified by the clerk of the court in which the
petition is filed, to the appropriate division of the department at its
Austin headquarters. The trial on appeal shall be a trial de nova
without a jury. A district or county attorney or the attorney general may
represent the department.
(f) A suspension of a license may not be probated.
(g) If an applicant or a license holder does not petition the justice
court, a denial becomes final and a revocation or suspension takes
effect on the 30th day after receipt of written notice.
(h) The department may use and introduce into evidence certified
copies of governmental records to establish the existence of certain
events that could result in the denial, revocation, or suspension of a
license under this subchapter, including records regarding convictions,
judicial findings regarding mental competency, judicial findings
regarding chemical dependency, or other matters that may be established
by governmental records that have been properly authenticated.

(c) Failure of the department to issue or deny a license for a period
of more than 30 days after the department is required to act under
Subsection (b) constitutes denial.

bd1000 wrote:Application Completed - license issued or certificate active
Holy crap something happened!


I had called the technical assistance hotline before, and explained that something must be wrong with the status check, because mine has been on "processing" for about 4 months :). I then called the DPS offices but could not get any kind of answers other than "didn't you get the letter? Hurricane Ike has caused delays."

I wrote to my Governor and State Rep offices (online forms), I basically sent the same email to both, here are some excepts:

I received the letter about Hurricane Ike but I feel that it was just an excuse for the already inefficient and understaffed processing system. I have researched other applicant's wait times and some were delayed past the "60 days" even before the hurricane.

For being the most populated county in Texas, and one of the top most populated counties in the United States, it is embarrassing to see the performance of our DPS. One would think an application relating to the right to be able to protect and defend yourself would be taken more seriously.

According to the Texas Concealed Handgun Laws and Selected Statutes booklet, a letter explaining the inability to issue a license within the 60 days should include: "an estimation of the amount of time the department will need to make the determination." (GC 411.177 (3))
The letter sent out September 26, gave no such estimation, and I have not been able to get a straight answer from either DPS locations. Obviously, there is an issue with the performance of the DPS that should be corrected immediately.


Best of luck to those still waiting. I think it would help to contact the appropriate people and let them know there is a problem; the more the better.

agbullet2k1 wrote:

ProjectS15 wrote:I sent an email to Representative Gary Elkins in the 135 District of Harris County earlier today
so i doubt that would help but it's worth a shot right?

You never know when a boring day might strike and they're just looking for something to do.

stayloe101st wrote:Don't feel bad, I went thru the course June 7th and DPS had all my info on the 13th of June. Still waiting on my background check. I contacted the Governor’s office and my local State rep and still no help other than an explanation of why since the hurricane that’s why the back ground checks are behind. According to DPS which I just got off the phone with everything else is fine.