twomillenium wrote:ScottDLS wrote:twomillenium wrote:ScottDLS wrote:JustSomeOldGuy wrote:Keep in mind when they say '60 days' they mean business/working days. So 60 days translates to a few days short of 3 calendar months. And the clock doesn't start until they've received EVERYTHING they need submitted.
The LAW doesn't say 60 "business days". It says 60 days. I'd hate to be sentenced to 30 days in jail only to find out that weekends and state holidays don't count.
If you are let out on the weekends and holidays then it would be business days. The dept. does not work on LTC apps on weekends and state holidays.
The law specifies the number of days:
GC §411.176. REVIEW OF APPLICATION MATERIALS.
(a) On receipt of application
...
Not later than the 30th day after the date the department receives the application
(b) The director’s designee
...
shall complete the record check and investigation not later than the 60th day after the date
...
It's a time frame specified, not a number of working days. However there is no penalty for not meeting the time frame. In some states, the state must issue the card in a set time regardless of whether the investigation is done or not.
But the statute defines the time period in days, not work days, business days, non-holidays, hours, etc.
I agree with what your saying, I was just using your apple / oranges reasoning and applying the differences. The main thing is there is no penalty, I think the spirit of the law was for intentional or malicious delay, not for an under employed department that is suddenly overwhelmed with an inordinate surge in applications. Even though that is not made clear.
There is a penalty. DPS just doesn't follow the law. If after 60 days a license hasn't been granted, DPS has to either grant the license, deny the license, or send a letter to the applicant telling them why there's a delay. I don't know anyone who has received a letter. Any application pending more than 90 days is considered a denial.
Sec. 411.177. ISSUANCE OR DENIAL OF LICENSE. (a) The department shall issue a license to carry a handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials. The department shall administer the licensing procedures in good faith so that any applicant who meets all the eligibility requirements and submits all the application materials shall receive a license. The department may not deny an application on the basis of a capricious or arbitrary decision by the department.
(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(c); or
(C) based on the affidavit of the qualified handgun instructor submitted to the department under Section 411.188(k); 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.