Talked to the office of the Chairman of the Licensing and

[Reload 02]

I just talked to my State Reps office and he is the Chair of the Licensing and Administration Committee and they told me it is taking about 180 Days to get a CHL. THe lady in his office said she was told this about her own CHL as well.

[ErnieNWillis]

I just talked to my State Reps office and he is the Chair of the Licensing and Administration Committee and they told me it is taking about 180 Days to get a CHL. THe lady in his office said she was told this about her own CHL as well.

I take no comfort in knowing that they are taking 180 days! Thank you for sharing this info though. I can quit checking my status for a while. BTW, how many days in are you? 117 days?

[dicion]

That's ridiculous, as well as illegal.

Did you tell them that?

[Chip]

That number is probably overstated based on what people here are seeing, and in fact based on how long it took my wife's to come in. I think you are a victim of "expectation setting", also known as a blow-off. Some CHLs are taking two months, some seem to be closer to six. If your rep tells you "it's taking six months" then he doesn't have to deal with you calling him wanting to know where your CHL is.

[Reload 02]

They will deal with me. My wife's family is very close friends with the Chairman and his family.

[dicion]

They will deal with me. My wife's family is very close friends with the Chairman and his family.

You could nicely request that he read over GC §411.177(b)

(b) The department shall, not later than the 60th day after the date
of the receipt by the director's designee of the completed application
materials:
(1) issue the license;
(2) notify the applicant in writing that the application was denied:
(A) on the grounds that the applicant failed to qualify under the
criteria listed in Section 411.172;
(B) based on the affidavit of the director's designee submitted
to the department under Section 411.176(b); or
(C) based on the affidavit of the qualified handgun instructor
submitted to the department under Section 411.189(c); or
(3) notify the applicant in writing that the department is unable to
make a determination regarding the issuance or denial of a license to
the applicant within the 60-day period prescribed by this subsection
and include in that notification an explanation of the reason for the
inability and an estimation of the amount of time the department will
need to make the determination.
(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.
(d) A license issued under this subchapter is effective from the date
of issuance.

Shall, not May, or Can. Shall.

By law, They have 60 days to issue, deny, or give you a letter saying there will be a delay.
They have 90 days TOTAL to issue you your license. Period, all delays included.

To Harris, and other Counties taking months to get the BG Checks back:

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 appli-
cation 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 applica-
tion materials.

Shall, again.

I know some people say that there is also a 180 day number there. That section reads as follows:

On receipt at the department's Austin headquar-
ters of the application materials and the result of the investigation by
the director's designee, the department shall conduct any further
record check or investigation the department determines is necessary
if a question exists with respect to the accuracy of the application
materials or the eligibility of the applicant, except that the department
shall complete the record check and investigation not later than the
180th day after the date the department receives the application mate-
rials from the applicant.

I Read this to mean, that, AFTER the department gets it back from the county, and ONLY After.
Also, it says nothing about them not being able to issue the license during this period.
I take this to mean, they are Still Required to issue within 90 days, but can continue doing more checks afterwards ONLY IF they find something that may disqualify you, or have an application accuracy question.

So, if nothing comes up in either their, the FBI, or the county investigation. And the application is proper, they do not get these 180 days. At all.

Just my opinion on this whole Charade

[Reload 02]

I am far from any type of legal expert but I read this:

(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.

to mean that if they do not approve within 90 days then the permit is denied by default. That would not bode well for most of us.

[dicion]

I am far from any type of legal expert but I read this:

(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.

to mean that if they do not approve within 90 days then the permit is denied by default. That would not bode well for most of us.

Actually, it would. A Denial means you can request a hearing, within 30 days, to go before a judge. The DPS then has to show WHY you were denied. And "We're still waiting on the BG check" Is not an acceptable reason. Only genuinely disqualifying reasons are.

[Charles L. Cotton]

I am far from any type of legal expert but I read this:

(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.

to mean that if they do not approve within 90 days then the permit is denied by default. That would not bode well for most of us.

Actually, it's a very good provision. It was included to protect the applicant.

Chas.

[Reload 02]

I would think it would only be good for the applicant if they had the time and money to request a hearing with a judge but this also could take months so I guess we just wait.

[Charles L. Cotton]

I would think it would only be good for the applicant if they had the time and money to request a hearing with a judge but this also could take months so I guess we just wait.

The hearing costs you nothing because 1) DPS has to file it in the JP court in your precinct of residence; 2) it's JP court so you won't need an attorney; and 3) they have to request a hearing within 30 days of your letter requesting it.

That said, you're better off with an attorney because you need to do some things that will help you if/when DPS appeals. I'm setting up the first round of suits on this issue right now.

Chas.

[dicion]

Awesome Charles!!!

Thanks for all the work you do

[redoregon]

You are a Good, Good man, Mr. Cotton. IMHO, you can never hear that enough, so I'm saying it again. You may never know just how much we appreciate you and what you do for us.

[USA1]

Awesome Charles!!!

Thanks for all the work you do

[infoman]

one quick thing.. you can't have a denial hearing, unless you've already been officially denied. that means they send you a denial letter. they don't have "hearings" for people who are just unhappy with processing times or background checks taking long. You won't get a denial hearing without first being denied.