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by Shorts
Sat Jul 04, 2009 10:08 am
Forum: The "Waiting Room"
Topic: Talked to the office of the Chairman of the Licensing and
Replies: 89
Views: 16029

Re: Talked to the office of the Chairman of the Licensing and

usa1 wrote:
dicion wrote: 90 Days with Nothing to show? Denied.
thats me :rules:

Me too :grumble


...and unfortunately gobs and gobs of others
by Shorts
Wed Jul 01, 2009 10:29 pm
Forum: The "Waiting Room"
Topic: Talked to the office of the Chairman of the Licensing and
Replies: 89
Views: 16029

Re: Talked to the office of the Chairman of the Licensing and

Charles L. Cotton wrote:Some folks have indicated they are going to send letters to DPS asking for a hearing on their denial. Anyone whose application has been delayed 30 days or more can do this, but there are some pitfalls if you don't know how to proceed once the hearing has been scheduled in the J.P. court.

I'm not trying to discourage anyone, but I have been carefully planning a coordinated effort to have the maximum impact and hopefully generate some meaningful changes. My goal is not only to help individual clients/CHL's, but to force a change that will benefit everyone. If someone loses in J.P. court and then goes on to ultimately lose in the appellate courts, then some bad case law could be created that could be very difficult to overcome. This is not something that should be taken lightly, so please consider this if you are planning to do this without an attorney, or an attorney not completely familiar with the controlling code provisions and case law.

Chas.

So would you rather everyone wait until you set the precedent or is there a separate way to go about it?

We're all in the same boat here.
by Shorts
Wed Jul 01, 2009 7:40 pm
Forum: The "Waiting Room"
Topic: Talked to the office of the Chairman of the Licensing and
Replies: 89
Views: 16029

Re: Talked to the office of the Chairman of the Licensing and

My understanding of how it all works is that after DPS receives your app in Austin, it goes to a Director's designee. That person does the local check as well as sending the FBI prints for the Federal check and should take no more than 60 days for that step. From there it goes back to Austin with a recommendation to approve or deny. From there Austin can hold the app and continue their "other" checks (which I suppose are the financial poking and prodding/debts/taxes/child support/etc) and may take time up to 180 from the time they received your app.


Am I waaayy off base? Just read the statutes for the info so I'm probably not understanding all of it.
by Shorts
Wed Jul 01, 2009 6:45 pm
Forum: The "Waiting Room"
Topic: Talked to the office of the Chairman of the Licensing and
Replies: 89
Views: 16029

Re: Talked to the office of the Chairman of the Licensing and

CrimsonSoul wrote:
HGWC wrote:I say we forget requesting anything from the DPS. They're violating our rights, and rather than requesting a hearing from them, we need to sue in state court for violation of our constitutional rights.
HG, every time someone request a hearing they have to pay for the lawyer to go to the hearing costing them (us) more money, and I don't like it when my money is wasted so I'm more than likely going to talk to my govenor about the frivilous spending of the DPS and how if something isn't done about it I'm not voting for him/her next time around. If we were to sue it would more than likely be a class action suit so only one lawyer needed instead of one for every time a hearing is requested
They charge us enough for a CHL fee, they have money.

And telling folks about the trouble doesn't seem to get anyone off their thumbs. Folks have been talking long enough about the slow time line, it's time for action.

As much as I hate frivolous lawsuits too, I don't consider this stall of right to bear arms a frivolous cause.


And offhand related to DPSs inadequacies, I submited via online form a change of address to DPS for my DL on June 5th. They specifically state on the DPS site 15-20 days the new one will be mailed. I still do not have my new DL in hand as of today. 15-20 days huh?


I think DPS needs a good rattle up.
by Shorts
Wed Jul 01, 2009 6:28 pm
Forum: The "Waiting Room"
Topic: Talked to the office of the Chairman of the Licensing and
Replies: 89
Views: 16029

Re: Talked to the office of the Chairman of the Licensing and

Charles L. Cotton wrote:
Reload 02 wrote: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.

Excellent. I've had you and suits in mind and have been waiting to hear more. Keep us up to speed (like you always do!) :txflag:

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