Kentucky, "Shall Issue" and What happens at 90 days?

[cardnation]

Here is the scoop in abbreviated fashion. My wife and I both submit out paperwork at the same time. She received her permit in about 7 weeks.

After some waiting, I called the Kentucky State Police (KSP) and found out my social was written incorrectly on the application. (Note: in my county the Sheriffs office fill out the application for you based on your answer to the questions.) Never was I asked to verify the information written by the Sheriff's Office.

After much discussion I was informed, the only way to correct this was to fill out a "Change in personal information" which then has to be mailed to my county Sheriff's Office, signed by the Sheriff and mailed to the KSP. I called the KSP yesterday and was told they have not received it yet, but "it could be in the mail bins" which should "only take a few weeks".

So here I am only a few weeks from the 90 days, and I'm being told it will be a "few weeks" before they even get to the correct information and run the background checks.

Since Kentucky is a "shall issue" state, something has to be done and the KRS states it be done "within 90 days".


My questions are:

What will happen at 90 days?

What repercussions are there for the KSP going over the 90 days?


I really want to be proactive in rectifying this situation, so any advice would be greatly appreciated.

[DefensiveCarry.com]

[38special]

I would assume they have 90 more days from the time they receive the correct information.

[Aceoky]

If it were me , I would contact a lawyer and get them to contact KSP , the law say "shall issue" in 90 days (unless good reason not to do so) it was their mistake (clearly) so your contacting them has very little in "teeth affect" not so much from a lawyer IMO . The issue that 'I" would raise is this is a simple way to get around the "shall issue" and cause problems for law abiding persons who should be granted permits. Well that is at least what I would do if it were me.

[Snatale42]

(Note: in my county the Sheriffs office fill out the application for you based on your answer to the questions.)

That doesn't even sound legal, clearly THEIR screw up.

I would assume they have 90 more days from the time they receive the correct information.

I doubt that, if that were the case every state with a time limit could simply make an oops excuse and let the clock run for ever. Here in VA they have 45 days to approve or deny you, on day 46 if you don't have your permit in hand your payment receipt BECOMES your permit until you get the real one, or your denied.

[cardnation]

That doesn't even sound legal, clearly THEIR screw up.

I agree it felt odd, and I expressed my desire to fill it out myself and the lady said something like "don't worry hun I'll take care of it".

I doubt that, if that were the case every state with a time limit could simply make an oops excuse and let the clock run for ever. Here in VA they have 45 days to approve or deny you, on day 46 if you don't have your permit in hand your payment receipt BECOMES your permit until you get the real one, or your denied.

This is what I hope to be the case. However I have read the entire KRS and it doesn't mention anything other than "KSP shall within 90 days issue or deny".


The whole process is a mess. I've NEVER had any encounter with the law other than a speeding ticket and this is how I'm thanked for being a tax paying law abiding citizen.

[38special]

That doesn't even sound legal, clearly THEIR screw up.




I doubt that, if that were the case every state with a time limit could simply make an oops excuse and let the clock run for ever. Here in VA they have 45 days to approve or deny you, on day 46 if you don't have your permit in hand your payment receipt BECOMES your permit until you get the real one, or your denied.

I understand where you're coming from, but in this case the state didn't make the mistake...the county did. He said he still had a few weeks before the 90 days was up and, if he sends in a change in personal information form, then I would bet KSP would have 90 dys from the receipt of the new information. Otherwise they will just decline his application due to the wrong SSN and he will have to resubmit. KSP can only work with the info they have. Again, I don't know, but it seems reasonable to me.

[Snatale42]

I understand where you're coming from, but in this case the state didn't make the mistake...the county did. He said he still had a few weeks before the 90 days was up and, if he sends in a change in personal information form, then I would bet KSP would have 90 dys from the receipt of the new information. Otherwise they will just decline his application due to the wrong SSN and he will have to resubmit. KSP can only work with the info they have. Again, I don't know, but it seems reasonable to me.

I disagree, If his county wants to fill our the app for him, they better damn make sure they do it right! I doubt the OP would have filled out his own SS# wrong. Whether is the County, the State or anybody else his permit should be in his hands within the limit. If the County screwed up it should be their responsibility to have the app expedited along so that it's in his hands on time. This is the exact reason VA law states if you don't have it in your hands by the 45 days (our limit) then your payment receipt become your permit. As I said in the previous post, any other system allows them to bounce around blame at the applicants expense and start that clock over for themselves. Do mistakes happen? Sure. But if it wasn't the applicants mistake, he shouldn't have to pay for it.

[Ghost1958]

He shouldnt but in Ky likely nothing will happen until hes got the corrected info into the KSPs hands. County could fax it to them but not sure that would speed it up but it might.

[Diddle]

I am a bit confused here. Normally a person completes a CCDW class. The Instructor collects all of the information and mails it in. in a few weeks you receive a flashpak that you fill out and take to the Sheriff's office. You pay a fee and if you don't have a photo, they will take one for you (for a fee) and that is all there is until you receive a notice to pickup your license. I have never known the Sheriff's office to fill out paperwork based on you verbal answers. Based on my experience something don't sound exactally right.

If I may ask, what county are you in?

[ghost tracker]

Agreed! My County Sheriff's Office has never filled out any of my paperwork. Nor any of my wife's paperwork, who received her concealed permit YEARS after I did. They only process the instructor's paperwork & make sure the photo is actually you. Then, when KSP sends you your pick-up notification, the Sheriff's office is where you go to do that. Was your CCDW class taught & administrated by your Sheriff's Dept?

[donp326]

My wife go her CCP several years after I got mine. For her Permit info submittal we took her Class graduation certificate to our local sheriff but he let us fill in the form SS# and all and they took her picture and I paid the money and off it went. She got it in about 2.5 months after that.

[NKYEd]

Agreed! My County Sheriff's Office has never filled out any of my paperwork. Nor any of my wife's paperwork, who received her concealed permit YEARS after I did. They only process the instructor's paperwork & make sure the photo is actually you. Then, when KSP sends you your pick-up notification, the Sheriff's office is where you go to do that. Was your CCDW class taught & administrated by your Sheriff's Dept?

The same with me, I filled out all the paperwork on my own.

[DMan]

Although their may legal technicalities here where the sheriff office made a human error, remember that it is a human error. If your area is anything like mine, the CCW applications have skyrocketed. Sometimes it is just easier and less stressful to go into the office, have a nice calm talk, figure out how to make the corrections, fill out the paper work again, and wait. In the long scheme of life a few weeks is but a moment in time.

I can be Type A, and get all frustrated over technical errors, and I am learning to sit back, take a breath, calmly figure out the best way to fix things without making a bad name for myself.

[drbald1]

"I am a bit confused here. Normally a person completes a CCDW class. The Instructor collects all of the information and mails it in. in a few weeks you receive a flashpak that you fill out and take to the Sheriff's office. You pay a fee and if you don't have a photo, they will take one for you (for a fee) and that is all there is until you receive a notice to pickup your license. I have never known the Sheriff's office to fill out paperwork based on you verbal answers. Based on my experience something don't sound exactally right. "

This.

[cardnation]

I am a bit confused here. Normally a person completes a CCDW class. The Instructor collects all of the information and mails it in. in a few weeks you receive a flashpak that you fill out and take to the Sheriff's office. You pay a fee and if you don't have a photo, they will take one for you (for a fee) and that is all there is until you receive a notice to pickup your license. I have never known the Sheriff's office to fill out paperwork based on you verbal answers. Based on my experience something don't sound exactally right.

If I may ask, what county are you in?

Agreed! My County Sheriff's Office has never filled out any of my paperwork. Nor any of my wife's paperwork, who received her concealed permit YEARS after I did. They only process the instructor's paperwork & make sure the photo is actually you. Then, when KSP sends you your pick-up notification, the Sheriff's office is where you go to do that. Was your CCDW class taught & administrated by your Sheriff's Dept?

The process is: 1) take the CCDW class, after which your instructor sends info to the CCDW certificate issuing authority located at Western KY University. 2) They send you the "certificate of completion" 3) Then take the certificate to the local county Sheriff.

All of the above was done. The issue occurred on the last step of taking the certificate of completion to my country Sheriff, which is Jefferson County.

All clear now?