Skiprr wrote:
Government Code Sections 411.176 and 411.177 are the ones you want. There is a common confusion about the terminology; the term "department" is used to reference both the DPS and the local law enforcement office. They could make that less ambiguous.
From date of receipt, DPS has 30 days to forward the application to the "designee in the geographical area of the applicant's residence." That designee has 60 days to conduct an additional criminal history check and an investigation of the applicant's local records [this is clarified in 411.177 (b)].
The sections state that DPS must, not later than the 60th day after the date of receipt "by the director's designee of the completed application materials," meaning your local law enforcement office:
- Issue you the license
- Notify you are denied
- Notify you that a determination will require additional time, tell you the reason, and provide you an estimate of the time
I think a lot of folks make the mistake of thinking 60 days from date of receipt in Austin is the demarc. It ain't. It's technically 90 days from that date because the "director's designee" has 60 days.
Section 411.177 goes on to say, "Failure of the department to issue or deny a license for a period of of more than 30 days after the department is required to act under Subsection (b) constitutes denial." So that means that if DPS doesn't tell you squat after 120 days, it means, de facto, denial of license
Well heck darn fudge!! I just passed the 60 days and I have been "practicing" around the house with new holsters and new shooters, and running to the mailbox while checking the "status" 16 times a day. And I have another 30 days to go, hope I don't shoot any body parts practicing the quick draw (tongue firmly in cheek) . Whewee them "yeahoos" are sumthin else......(note to speech police: Does this make the cut?)
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- by RodL
- Sat Nov 18, 2006 5:58 pm
- Forum: The "Waiting Room"
- Topic: question about all the delays being posted
- Replies: 5
- Views: 1543
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