April 2009 Applications

[joe817]

I was one of the lucky ones that received a letter from the DPS telling me that my applicaion was incomplete and inside the letter was someone else's application. It took several calls before they could tell me if my application was okay.

that must be dicions app.

Hey! If you have my app, send it to me!

[dicion]

Hoo Whee!

Got some Fun for ya'll

http://dicion.net/chlforum/chl.wav" onclick="window.open(this.href);return false;

My Call to DPS
All personally identifying information of all parties has been removed

Let it be said that I am not that great on the phone.

My question, that I was trying to point out to her, was why did it take so long for them to notify me of the missing info, when statute requires them to send it out for background check within 30 days?
They received it 4/8, they had until 5/8 to get it out the door for background checks, she said that they didn't even enter it into the system until 5/17 or 18.. can't remember, and then they didn't notice the missing info until 6/7... 2 months after they recieved it.

Also, she says that they sent it out for BG Check on 6/10. Statute requires the BG check take no longer then 60 days. I am already past that number by HER information

I felt like arguing it further with her, that even if they considered that Day '1' of my application, restarted, that they are still past the 60 day window on that.

I decided to just cut my losses, and end the call.

Also.. I habe a code, hence my sounding all stuffed up

Also, for those wondering about the legality of recording phone calls:

Texas's wiretapping law is a "one-party consent" law. Texas makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Texas Penal Code § 16.02

Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a "one-party consent" law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation.

And I Fully consented to my recording of my call

[Aladinbama]

My question, that I was trying to point out to her, was why did it take so long for them to notify me of the missing info, when statute requires them to send it out for background check within 30 days?
They received it 4/8, they had until 5/8 to get it out the door for background checks, she said that they didn't even enter it into the system until 5/17 or 18.. can't remember, and then they didn't notice the missing info until 6/7... 2 months after they recieved it.
Also, she says that they sent it out for BG Check on 6/10. Statute requires the BG check take no longer then 60 days. I am already past that number by HER information
I felt like arguing it further with her, that even if they considered that Day '1' of my application, restarted, that they are still past the 60 day window on that.
I decided to just cut my losses, and end the call.

I've recorded many a conversation in my past - it's saved my rear more than once.
Email the Governor's office, be as cordial as possible and include all the information you have. Include the fact that DPS is keeping you from legally protecting your family by Texas law, include the 60/90 days clauses and the fact that a CHL is a SHALL issue license. I really think that's what got things going for me - of course it takes a few days for the Gov's office to get to your email and a couple more for DPS's director to get to theirs. You may also want to include that you really would like to save the state and local governments some money by not filing for a hearing as allowed by Texas law (that you currently are eligible to do) -
Here's the link - http://governor.state.tx.us/contact/" onclick="window.open(this.href);return false; - click on I need assistance, put "other" under issue, and go from there.
Good Luck!

[dicion]

Alright.. No More Mister Nice Guy

I just emailed Everyone (Guv, Senator, Rep, Pool Guy(not really) the following letter:

Senator whoever/ Governor whoever/ Representative whoever,

I was hoping that your office would be able to assist me in an issue I am currently having dealing with the Texas Department of Public Safety.

I applied for my Concealed Handgun License back in April of this year, specifically, DPS received my application packet on April 8th. In mid-June, I received a letter from them stating that my application was lacking some information they needed regarding my veteran status from the US Armed Forces. I sent them the additional information they requested, and had not heard from them since.

I called the DPS Concealed Handgun Licensing office yesterday, and was very shocked at what I heard. I spoke with a nice woman named '<REDACTED>', and she gave me the following information.

She confirmed that they received the packet on April 8th, but stated that they did not even enter it into the system until May 19th. They did not review the packet itself until June 1st, which is when they requested more information on my military discharge type. I sent the requested information to them immediately, and she said that the packet was sent to Harris County for the background check on June 10th.

According to Texas Government Code, section 411.176(a);

“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)”

According to the above, they should have processed the application locally, and sent it out to Harris County by 5/08/09, or at least attempted to, until they requested that additional information they required from me.

Additionally, she said that they had sent it to Harris County for the background check on June 10th. According to Texas Government Code, section 411.176(b);

“The scope of the record check and the investigation are at the sole discretion of the department, except that 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.”

That means, not even counting the earlier 30-day requirement that they completely ignored, that Harris County only had until August 9th to complete the background check. To date, it has still not been completed.

To me, this represents a complete and utter disregard of the laws regarding the Shall Issue Concealed Handgun Licensing process that DPS is required to follow. By their inaction and blatant disregard for the laws by which they are bound to follow, they are denying me the right to defend myself and my family.

I am hoping that you can assist me in getting this matter resolved.

Sincerely,
My Name Went Here

Now we play the waiting game.

[arnoldstrong]

Hoo Whee!

Got some Fun for ya'll

http://dicion.net/chlforum/chl.wav" onclick="window.open(this.href);return false;

My Call to DPS
All personally identifying information of all parties has been removed

Let it be said that I am not that great on the phone.

My question, that I was trying to point out to her, was why did it take so long for them to notify me of the missing info, when statute requires them to send it out for background check within 30 days?
They received it 4/8, they had until 5/8 to get it out the door for background checks, she said that they didn't even enter it into the system until 5/17 or 18.. can't remember, and then they didn't notice the missing info until 6/7... 2 months after they recieved it.

Also, she says that they sent it out for BG Check on 6/10. Statute requires the BG check take no longer then 60 days. I am already past that number by HER information

I felt like arguing it further with her, that even if they considered that Day '1' of my application, restarted, that they are still past the 60 day window on that.

I decided to just cut my losses, and end the call.

Also.. I habe a code, hence my sounding all stuffed up

Also, for those wondering about the legality of recording phone calls:

Texas's wiretapping law is a "one-party consent" law. Texas makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Texas Penal Code § 16.02

Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a "one-party consent" law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation.

And I Fully consented to my recording of my call

Gotta love that law...LOL

[USA1]

good job dicion

i think i spoke to that same person before .
i got the same gulf coast excuse too .

BTW , i know you were talking about all of us here when you said
your friends have already gotten their plastic .

[joe817]

Great job dicion, my hats off to you!
I hope your email campaign is successful for you.

[Aladinbama]

Dicion, Looks like a good start! Good Luck!
I'm with Ya' - I'm not calling it over till plastic is in hand, then ... I'm still here for ya'.
I think it's time for a

[Tireshred]

My wife is still processing, 130+ days and counting, but as I've said before, she's not in a rush and I hesitate to email or call on her behalf, they usually want the first person to make the contact. But when I was waiting on mine, I was on the computer and phone on day 60 .

[Dexdahex]

Application Completed - license issued or certificate active... I was told about it a little over a week ago , but the status on the DPS does work, it changed... ...Now where's the mail

[USA1]

Application Completed - license issued or certificate active... I was told about it a little over a week ago , but the status on the DPS does work, it changed... ...Now where's the mail

FIN-AL-LY !!
congratulations .
now i want a daily report on waiting for the mailman .

[Dexdahex]

Application Completed - license issued or certificate active... I was told about it a little over a week ago , but the status on the DPS does work, it changed... ...Now where's the mail

FIN-AL-LY !!
congratulations .
now i want a daily report on waiting for the mailman .

Sir Yes Sir...I got the dog watching the mailbox Sir...watch em watch em...Sir...

[joe817]

Congrats again Dex! Lemme ask you......does your head hurt from doing all the head bashing smilies you've done the past few weeks?

Well it's all over but the shouting. I'm happy for you.

[Dexdahex]

Congrats again Dex! Lemme ask you......does your head hurt from doing all the head bashing smilies you've done the past few weeks?

Well it's all over but the shouting. I'm happy for you.

Hurts so good now...Aspirin anyone...

[USA1]

does your head hurt from doing all the head bashing smilies you've done the past few weeks?

i know mine does