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And why should it ever be more or different?

NICS/Brady background checks are the most worthless (actually they cost almost a millions) thing around.

Criminals aren't even prosecuted. Just do the NICS/Brady and send the plastic. A background check was done, precisely the same one you will get to bypass.

A law that isn't enforced on criminals should never be used to deny the law-abiding their rights or discourage them from exercising them.

Less than 100 criminals are prosecuted each year for Brady/NICS violations -- and the vast majority of these are because the authorities needed to arrest or prosecute a criminal but can't make the real charge stick, or needs a "predicate felony" for a conspiracy or RICO charge.

Review of the ATF’s Enforcement of Brady Act Violations Identified Through the National Instant Criminal Background Check System
Office of Inspector General's (OIG) Draft Report: Review of the Bureau of Alcohol, Tobacco, Firearms and Explosives' Enforcement of Brady Act Violations Identified through the National Instant Criminal Background Check System. A-2004-001 http://www.usdoj.gov/oig/reports/ATF/e0406/final.pdf

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A June 28, 2001, memorandum from the Attorney General directed the U.S. Attorneys to “make it a priority to enforce the law against those persons who attempt to subvert the legitimate crime prevention objectives of the Brady Act and to incorporate this new focus into [their] comprehensive prosecutive efforts.� During CYs 2002 and 2003, approximately 120,000 cases were referred by the FBI to the Brady Operations Branch. Of these cases, the ATF formally referred only 230 to the USAOs, and the USAOs accepted 185, or 80 percent for prosecution.3 Of these cases, 154 were prosecuted.

We believe that the number of referrals and prosecutions is low because of the difficulty in obtaining convictions in NICS cases. These cases lack “jury appeal� for various reasons. The factors prohibiting someone from possessing a firearm may have been nonviolent or committed many years ago. The basis for the prohibition may have been noncriminal (e.g., a dishonorable discharge from the U.S. military). It is also difficult to prove that the prohibited person was aware of the prohibition and intentionally lied to the FFL. We were also told that in parts of the United States where hunting historically has been part of the regional culture, juries are reluctant to convict a person who attempted to purchase a hunting rifle.
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They really should only have to run a NICS/Brady background check anyway. 2 minute call.

Send the whole thing over to the Driver's License office, charge the same amount and do it in one visit.

No reason a CHL application should cost more than a DL. (And if it's due to the background then by not more than $15). No reason it shouldn't be just as easy to obtain.

Licensing a RIGHT is wrong anyway. Charging a premium just makes is an egregious violation.

neal6325 wrote:Looking at this objectively first; What is DPS to do?
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2) Push a permit through as the deadline approaches regardless of the status of background or other processes that were not complete.
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Option 2 could put a permit in the hands of someone who could jeopardize the program for all......not a logical proposition.

The more I thought about this objectively the more I realized this needed emphasis:

OPTION 2 is precisely what DPS should be REQUIRED to do -- practically no one who gets this far; who owns a firearm; takes the class; submits the prints; and submits the license is going to fail the background check for any substantial reason and so at day 60 they should be required to:

Seal it in plastic and ship it.

If it turns out to be wrong at 85 days, then revoke it and arrest the offender.

No ones rights should be infringed due to the bad behavior of others, nor due to the inability of the bureaucracy to complete the processing on time.

And it is ships after day 59 it should be overnighted -- we overpay for our RIGHTS anyway.