Just Mailed it In
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Just Mailed it In
The clock is ticking. I mailed my application 12/28/06. Students in my class said they heard that the time period had gone to 5 months. Has anyone else heard this?
Very few are issued within 60 days. We cheer when we hear someone received their plastic in less than 60 days, and understand when people are kept waiting 70+ days.
But the good news, is that it's certainly not 5 months, either. I've only heard of a couple that took longer than 90 days.
Don't forget, even though the law says "days", not "working days", DPS claims they only have to issue within "60 working days".
I've even heard the argument that "receipt of a completed application packet" can be construed as the point when all background checks are returned. I don't buy it -- the legislature's intent was clear, and they meant that the CHL must be issued within 60 days after the applicant submits a packet.
Kevin
But the good news, is that it's certainly not 5 months, either. I've only heard of a couple that took longer than 90 days.
Don't forget, even though the law says "days", not "working days", DPS claims they only have to issue within "60 working days".
I've even heard the argument that "receipt of a completed application packet" can be construed as the point when all background checks are returned. I don't buy it -- the legislature's intent was clear, and they meant that the CHL must be issued within 60 days after the applicant submits a packet.
Kevin
And then there's the other notorious run-around: something "wrong" with the paperwork. Unacceptable fingerprints, for example, since that's a judgement call.stroo wrote:They also claim that the time doesn't start to run until they open the mail. With mine, they pretty clearly didn't open the mail for thirty day.
Once they reject the prints, the clock doesn't start until they receive acceptable prints.
Kevin
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Where did "60 days" come from?
I keep seeing posters say CHL "Must be" processed within 60 days...??
Looks more like 120 before "notice" of an extension must be given and can take up to 180 if needed.
30 under 411.176 (forward app to designee)
up to 30 more 411.176b (designee has 60 after "department" receives app?)
60 more under 411.177 after designee package is returned.
§411.176...."Not later than the 30th day after the date the department
receives the application materials, the department shall forward
the materials to the director's designee in the geographical area of the
applicant's residence so that the designee may conduct the investigation
described by Subsection (b)."
then...
§411.176.b....."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."........and.......
"On receipt at the department's Austin headquarters
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 materials from the applicant."
then...411.177.......
(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.
Am I reading this right?
Looks more like 120 before "notice" of an extension must be given and can take up to 180 if needed.
30 under 411.176 (forward app to designee)
up to 30 more 411.176b (designee has 60 after "department" receives app?)
60 more under 411.177 after designee package is returned.
§411.176...."Not later than the 30th day after the date the department
receives the application materials, the department shall forward
the materials to the director's designee in the geographical area of the
applicant's residence so that the designee may conduct the investigation
described by Subsection (b)."
then...
§411.176.b....."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."........and.......
"On receipt at the department's Austin headquarters
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 materials from the applicant."
then...411.177.......
(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.
Am I reading this right?
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Yeppers. IMHO, that last one is the key. The DPS has 30 days to get the app to the the "director's designee." That designee (e.g., the county-of-residence Sheriff's department) has 60 days to get a response back to DPS. DPS has a total of 90 days to tell you something: either yea, nay, or need more time for research. Kicker is that the statute says if they don't tell you anything at all after 120 days it means you are automatically denied. Nice grass-catcher bit, that last.then...411.177.......
(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: ...
I fully understand the DPS doesn't control the "director's designee." To DPS's credit, even their voice prompt when you call says they try to handle all applications in 60 days. And I think they do a pretty good job.
But you are completely correct: there is no legal requirement for them to issue or deny within 60 days of the receipt of the application.
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Opinion Time!!!
I think that it is perfectly normal to feel anxious when it comes to wanting something like this to come in the mail. I know for certain that I was eagerly anticipating the arrival of said CHL.
However, I think we as a community need to take a few things into consideration.
1. There's a LOT of us out there. The increase of licensees every year is two things: a) encouraging that more people are exercising their 2nd Amdnt and b) a considerable workload increase for those issuing the licenses. sure, it's terrible to have to wait, 'specially for something like this, but thinking logistically, the licensure department needs more people.
2. If we are to tell the "anti" community that we, CHL'ers, are a wholesome group of folks, and that we undergo an extensive background check yadda yadda, we have to be accepting of the period of time it takes to undergo said rigorous process. Yes, I disagree that we should all have to go through it in the first place. However, at the moment, it's their party, and if we want to attend, we must abide by their rules. Otherwise, we can all just move to Alaska, and strap a boomstick to our collective legs.
that all being said, patience is a virtue, and one easier spoken than adhered.
I think that it is perfectly normal to feel anxious when it comes to wanting something like this to come in the mail. I know for certain that I was eagerly anticipating the arrival of said CHL.
However, I think we as a community need to take a few things into consideration.
1. There's a LOT of us out there. The increase of licensees every year is two things: a) encouraging that more people are exercising their 2nd Amdnt and b) a considerable workload increase for those issuing the licenses. sure, it's terrible to have to wait, 'specially for something like this, but thinking logistically, the licensure department needs more people.
2. If we are to tell the "anti" community that we, CHL'ers, are a wholesome group of folks, and that we undergo an extensive background check yadda yadda, we have to be accepting of the period of time it takes to undergo said rigorous process. Yes, I disagree that we should all have to go through it in the first place. However, at the moment, it's their party, and if we want to attend, we must abide by their rules. Otherwise, we can all just move to Alaska, and strap a boomstick to our collective legs.
that all being said, patience is a virtue, and one easier spoken than adhered.
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\casselthief wrote: we can all just move to Alaska, and strap a boomstick to our collective legs.
Ya know....after sitting in Houston traffic over the last couple of days.....that does not sound like a bad alternative. Any gun I would carry would likely be concealed by the five coats I would wear!
Jason
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Re: Just Mailed it In
I mailed mine in the day before you so we will have a race to see who gets theirs back first hahahajdowdle wrote:The clock is ticking. I mailed my application 12/28/06. Students in my class said they heard that the time period had gone to 5 months. Has anyone else heard this?
Packet Mailed: 12/27/2006
Received by DPS: 12/29/2006
PIN Received: 2/12/07
License Received: Still waiting :(
Received by DPS: 12/29/2006
PIN Received: 2/12/07
License Received: Still waiting :(