April 2009 Applications

[USA1]

Who does the background checks in Harris County!?

this guy...

[bb281]

[dicion]

Who does the background checks in Harris County!?

Ya know.. it's getting to be about time to file a legal request for this information. It is public information, and should be accessible. If not the exact person, then the office.

We Harris county-ites need to then go camp out on their steps.

[USA1]

Who does the background checks in Harris County!?

Ya know.. it's getting to be about time to file a legal request for this information. It is public information, and should be accessible. If not the exact person, then the office.

We Harris county-ites need to then go camp out on their steps.

im gettin started on my sign tonight
whos with us ?

[Streaker]

good to see an April app. done... lets see how long it takes for another to get done

My sentiments exactly. I'm checking all the time now. Still 'processing application'. You'd think an app from a smaller county would move a little faster, but it's anyone's guess at this point.

[Dexdahex]

Oh well I'm guess I rushing to WAIT as I only lived here a little over 2 yr... DPS "processing appliciation"

[texas1234]

I am in the middle of finding out the exact process taking place in Harris County.

Talked to DPS this morning and the only thing they are waiting on is Harris County.

I have called field office after field office and nobody has an answer to the process of what a field office has to do to fufill a background check.

Not to fear by the end of this day I will know exactly what pile in what Field Office my background check is sitting and exactly every ounce of paper work that goes into a background check for Harris County.

I am on a mission for all Harris County applicants.

Here is an example. My application was mailed perfect no errors, I have lived in the same house for five years, had the same job for five years, and I have absolutely no criminal record, i served my country honorably, dont owe any child support or taxes.

So that tells me this is absoutely the fault of Harris County.

[dicion]

I am in the middle of finding out the exact process taking place in Harris County.

Talked to DPS this morning and the only thing they are waiting on is Harris County.

I have called field office after field office and nobody has an answer to the process of what a field office has to do to fufill a background check.

Not to fear by the end of this day I will know exactly what pile in what Field Office my background check is sitting and exactly every ounce of paper work that goes into a background check for Harris County.

I am on a mission for all Harris County applicants.

Here is an example. My application was mailed perfect no errors, I have lived in the same house for five years, had the same job for five years, and I have absolutely no criminal record, i served my country honorably, dont owe any child support or taxes.

So that tells me this is absoutely the fault of Harris County.

We <3 You for this. Please let us know what you find, and what we can do to help or expedite, or anything.
I'll go to the field office myself and help sort paperwork for everyone if it means it'll get done faster.

[btm7687]

I understand many peoples frustration with the situation regarding how long these can take. However, what people need to understand is that the state must verify that you are a reasonable person to trust with the responsibility of carrying a LOADED GUN. This is not something to be taken lightly and it is something the state does not take lightly. There has been an influx of applications as many people are aware, so the fact these aren't being turned around in 60 days is nothing to fret about.

That state has no idea you are a trustworthy person just by looking at your application. They must verify everything you put on there because they know the consequences of giving someone a CHL who is undeserving. While the fact remains that you, a respectable stand up citizen and from the sound of it a veteran, are in every way deserving of a CHL, the state must take every precaution while processing your application to verify so.

I hate to say this, and I'm not trying to sound like an antagonist, but calling around to every office that might be processing your application is extremely counterproductive. If you take their time up by tracking every step of your application, you are taking time away from them doing their job, which is ultimately approving your application. Just let them do their job, and you will receive your plastic soon enough.

I do understand this is not always the case, and they will often use inane excuses (prints/pictures not clear enough, etc.) to delay your application, and at some point it should start to frustrate you. But I honestly can't see that point being any sooner than 100-120 days after they receive your paperwork assuming there are no errors

[WonderNine+P+]

A little advice... You guys all need to relax! I mailed my packet off March 5 and didn't get approved until the 19th of June. 106 days total. This was with no hangups (fingerprint or picture problems, etc...). Pestering those poor folks at the DPS office doesn't do squat. Leave them be and let them work! The more you e-mail, call, complain, etc... the less time they have to process applications. Everyone who has applied for a CHL this year should darn well know there will be a long wait with the influx in applications. Just be patient and it will come. I didn't bother DPS once.

Applicant: "Are we there yet? Are we there yet?"

That would get annoying after a while. They're working as fast as they can. I wonder how many more apps. a day they could go through if they didn't have to answer ridiculous questions. So, everyone just chill out! Go to the range or something or buy some gear.

[cbjetboy]

I am in the middle of finding out the exact process taking place in Harris County.

Talked to DPS this morning and the only thing they are waiting on is Harris County.

I have called field office after field office and nobody has an answer to the process of what a field office has to do to fufill a background check.

Not to fear by the end of this day I will know exactly what pile in what Field Office my background check is sitting and exactly every ounce of paper work that goes into a background check for Harris County.

I am on a mission for all Harris County applicants.

Here is an example. My application was mailed perfect no errors, I have lived in the same house for five years, had the same job for five years, and I have absolutely no criminal record, i served my country honorably, dont owe any child support or taxes.

So that tells me this is absoutely the fault of Harris County.

Any news yet?

[dicion]

That is actually Not how the system works.

By law, they are required to either Issue, Deny, or tell you that they need additional time, With a reason, and with an estimated completion date, by the 60th day after thei recieve your application.

By law, they are required to issue you a license if they cannot find a valid reason not to.

So, putting 1+1 together, By law, unless they can find a reason not to issue you a license within 60 days, they have to issue you one, or inform you why it is going to take more time, with an estimated date.

AFAIK, NOONE has gotten ANYTHING at the 60 day mark. Letter or anything. They are in violation of law. Plain and simple.
What does DPS do to citizens who are in violation of the law? Arrest time, Fine them, suspend them, etc.
Why should they not be held accountable in the same way?

Relevant statutes cited below:

GC 5411.177. ISSUANCE OR DENIAL OF UCENSE. (a) The
department shall issue a license to cany a concealed handgun to an
applicant if the applicant meets all the eligibility requirements and
submits all the application materials. The department may issue a
license to cany handguns only of the categories indicated on the appli-
cant's certificate of proficiency issued under Section 411.189. 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(b); or
(C) based on the affidavit of the qualified handgun instructor
submitted to the department under Section 411.189(c); 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.

Now, I know that you are thinking "Why would you want them to follow this to the letter? It says that if they don't do it, then it's a denial"
Yes, yes it is.. but an official denial is GOOD. It's better then the 'limbo' we're stuck in. Let me explain.

An Official denial allows you to request an official hearing as to why you were denied! A hearing has to, BY LAW, be schedueled within 30 days of the request, and be completed within 60.

So.. there's a hearing, and at the hearing, they are required to explain, to a Justice, why you were denied. And only Legally valid reasons for denial are acceptable. "We're backlogged" is not a legally valid reason.
A few of these hearings, and I'm pretty sure that Something will be done to expedite the process to keep them from happening.

In fact, I urge Everyone who has been waiting 90 days, to contact DPS and request a hearing, since:

(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.

According to law, if you have not heard anything from DPS at the 90 day mark, you have officially been 'denied' and can request a hearing.
I'd like to see how that plays out.
On day 91, I think will be calling DPS, and sending them a request, in writing, for a hearing on my denial.

Once you get a hearing:

The justice court shall determine if the denial, revocation, or
suspension is supported by a preponderanceof the evidence. Both the
applicant or license holder and the department may present evidence.
The court shall affirm the denial, revocation, or suspension if the court
determines that denial, revocation, or suspension is supported by a
preponderanceof the evidence. If the court determines that the denial,
revocation, or suspension is not supported by a preponderanceof the
evidence, the court shall order the department to immediately issue or
return the license to the applicant or license holder.

Immediately.

[btm7687]

You should also realize like you mentioned, they ARE the law and they will do whatever they please. You can protest, call them, write them to request a hearing, but I'm almost 100% sure it will not change anything. Just because it isn't right or fair doesn't mean they as the law will change anything. They will keep working at their pace; if you think you would be the first person to go through all the steps you mentioned, you are wrong. Seeing as how someone has probably gone through the same thing you want and we are still in the same place, I would have to say nothing you do will change anything. You will need to see something huge before they make any effort to change the way they do things

[dicion]

Something huge?

How about every single applicant past the 90 day mark requesting a hearing?

I think that would be huge enough to motivate some action.

I'm sorry, but the fact that they ARE the law, does not make them immune to it.

[btm7687]

I'm not saying they are immune to the law, I'm saying because they are the law, they don't care.

You also won't get every applicant after 90 days to request hearings because frankly, I don't think that many people care enough to go through the hassle of it. I for one would probably not deal with it because I'm not losing sleep over not getting mine within 90 days. If I wanted it that bad, I would have applied for it before I did, and I'm sure a lot of other people could say the same thing.

Same thing with people keeping every detail in a timeline in their signature. I understand the excitement, but a recently realized (for me) it just seems kind of ridiculous.