Ike Delays CHL in Texas

This is a discussion on Ike Delays CHL in Texas within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I've been waiting for a CHL in Texas for two months, and I recently received a letter from the DPS stating it's going to be ...

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Thread: Ike Delays CHL in Texas

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    Senior Member Array dldeuce's Avatar
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    Ike Delays CHL in Texas

    I've been waiting for a CHL in Texas for two months, and I recently received a letter from the DPS stating it's going to be delayed indefinitely because of hurricane Ike.

    I wonder how many people this is going to affect and for how long? With record numbers of people applying, I wonder if there will ever be a lawsuit in Texas challenging some of the nonsense investigation they're doing to delay these licenses? For example in Texas, checking for outstanding student loans, taxes, and protective orders in potentially multiple delays cause a lot of delays.

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    Senior Member Array KevinDooley's Avatar
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    Well, any excuse will do, huh? How hard was Austin hit by Ike exactly?
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    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by KevinDooley View Post
    Well, any excuse will do, huh? How hard was Austin hit by Ike exactly?
    I'm in Brazoria county. I think they're sending the letters to the coastal counties. However, how hard was all of Brazoria county hit? I could understand a two week delay, but an indefinite one? It just illustrates that the requirements are unreasonable. Given the number of people applying, it's still completely unmanageable across multiple state agencies.

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    Quote Originally Posted by dldeuce View Post
    I've been waiting for a CHL in Texas for two months, and I recently received a letter from the DPS stating it's going to be delayed indefinitely because of hurricane Ike.

    I wonder how many people this is going to affect and for how long? With record numbers of people applying, I wonder if there will ever be a lawsuit in Texas challenging some of the nonsense investigation they're doing to delay these licenses? For example in Texas, checking for outstanding student loans, taxes, and protective orders in potentially multiple delays cause a lot of delays.
    I know it really sucks, but we all had to do the same thing, we just didn't have the delays. I got mine 3 years ago and got it in 59 days.

    There isn't any grounds for a lawsuit at this point since its state law that is requiring the level of checks, etc, and the state has that right (until federal law changes something the state controls this area).

    I don't consider the investigations nonsense. Its not outstanding student loans, its student loans in default, there is a big difference. I think if you're delinquent in taxes you shouldn't achieve a CHL. A Texas CHL is something of a higher standard, a symbol of you being one of the real good guys. Lastly, the protective order check is because of state law (not just CHL laws), if someone has a PO against them they are not allowed to possess a firearm period....even with a CHL, nor can you obtain a CHL (just fyi).

    Hang in there, your license will come. Just give the DPS time. They are understaffed and overwhelmed and this won't change until the legislature increases their budget and number of employees (number of DPS employees is regulated by legislature). Just keep a positive attitude.
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    Distinguished Member Array Pro2A's Avatar
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    This reminds me when Slick Eddie halted all gun sales in PA for a "computer upgrade". It's the Government, they do this stuff because they can...

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    Member Array glockstock's Avatar
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    Quote Originally Posted by 64zebra View Post
    Its not outstanding student loans, its student loans in default
    Phew. Was a bit worried for a minute there. Guess we'll just have to wait it out, but I really hope they didn't send it to the coastal cities--that just wouldn't make any sense to me.

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    I agree with 64Zebra. I see nothing wrong with denying CHL for any of those reasons. These issues also keep you from obtaining a hunting/fishing license, renewing your drivers license, etc...

    My renewal last year around thanksgiving took just over 90 days and they weren't over run with applications like they are now.

    If you want to complain, try your state legislator. They control the amount of funding the CHL office at DPS gets for processing applications.

    The delay will come from how long it takes Brazoria county to respond to the DPS inquiry about any record you may have in that county.
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    Quote Originally Posted by TX-JB View Post
    The delay will come from how long it takes Brazoria county to respond to the DPS inquiry about any record you may have in that county.
    yep, unfortunately
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    New Member Array phillb's Avatar
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    I'm on day 112... I got the same letter on 9/26

    Here's the text if anyone is interested:

    This letter is to inform you of an unforeseen delay with the processing of your concealed handgun application. Due to the catastrophic events and aftermath of Hurricane Ike, obtaining the required field investigation results for the counties located in the Gulf Coast area will be delayed for an unknown period of time while disaster recovery efforts are underway. The Department remains hopeful that these delays will be minimal; however, a specific timeframe for processing is not available at this time. We regret any inconvenience this may have caused and appreciate your understanding in this matter.
    -------------------------------------

    I don't think it's an 'indefinite' thing. They're just pawning it off the delay on the aftermath of Ike.

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    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by 64zebra View Post
    There isn't any grounds for a lawsuit at this point since its state law that is requiring the level of checks, etc, and the state has that right (until federal law changes something the state controls this area).
    The state can regulate, but only in the same limited way that state law can regulate issues of free speech. These laws were all passed before Heller and under the basis that the courts were not considering the 2nd amendment as an individual right. Heller left open the door for new standards that I believe will bring these laws under strict scrutiny to the 2nd amendment. I don't think the Texas laws will hold up to that standard.

    I definitely think there's a basis for addressing the issue in court. In this case, keep in mind that the state has declared that they will deny citizens the means for self-defense in public indefinitely. They will deny citizens their rights in a time of emergency when they may need to exercise those rights more than ever.

    I don't consider the investigations nonsense. Its not outstanding student loans, its student loans in default, there is a big difference. I think if you're delinquent in taxes you shouldn't achieve a CHL. A Texas CHL is something of a higher standard, a symbol of you being one of the real good guys. Lastly, the protective order check is because of state law (not just CHL laws), if someone has a PO against them they are not allowed to possess a firearm period....even with a CHL, nor can you obtain a CHL (just fyi).
    If Texas were an open carry state, I think this point of view would be more tenable. CHL is the only legal means to defend yourself in public with the most common self defense weapon. The second amendment and Heller have recognized that we have all already achieved that right, not even as citizens, but as humans.

    Hang in there, your license will come. Just give the DPS time. They are understaffed and overwhelmed and this won't change until the legislature increases their budget and number of employees (number of DPS employees is regulated by legislature). Just keep a positive attitude.
    I don't think it's the DPS in this case. I assume they're just waiting for the local authorities to complete all the background checks. I guess what's bothering me is when does delaying my rights equal denying my rights? In my opinion, an indefinite delay on top of an already late 90 days is crossing any kind of standard that may eventually be established after Heller.

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    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by phillb View Post
    I don't think it's an 'indefinite' thing. They're just pawning it off the delay on the aftermath of Ike.
    "will be delayed for an unknown period of time."

    "a specific timeframe for processing is not available"

    Hopefully, it will be "minimal," but my concern is that if it really were minimal, they wouldn't be sending the letter. I'm afraid to ask the DPS, after their performance this year, what they mean by hopefully minimal.

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    Senior Member Array gilraen's Avatar
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    I'm already past 120 days, and I got that same letter. Grrrrr. By this time they should HAVE all the info they need on me! And nothing about me comes from Galveston, or any other hard-hit area.

    It just ticks me off no end.
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    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by TX-JB View Post
    I agree with 64Zebra. I see nothing wrong with denying CHL for any of those reasons. These issues also keep you from obtaining a hunting/fishing license, renewing your drivers license, etc...
    Never heard of that. I can go to the DPS and renew my drivers license on the spot. I can go to any sporting goods store and obtain a hunting license on the spot. If they're doing background checks for default student loans, they ought to let DPS in on their super secret instant check.

    If Texas allowed open carry, I think it would be a tougher argument about restrictions on concealed carry. Since they don't though, the only way you can defend yourself in public with the most common weapon for self-defense is to get the CHL. Heller gave us that. It's an individual right, and it applies to all common forms of firearms. Clearly the state can regulate, but the standard for that regulation is now an open playing field. I don't think Texas laws will stand a chance.

    If you want to complain, try your state legislator. They control the amount of funding the CHL office at DPS gets for processing applications.
    I've done that. However, I don't think it's the DPS in this case. I believe it's county or local resources for the background checks. I don't think there are any DPS resources in the coastal counties that are holding this up. The state doesn't fund the local authorities.

    The delay will come from how long it takes Brazoria county to respond to the DPS inquiry about any record you may have in that county.
    Exactly, and there doesn't seem to be any legislative mandate on how long, if ever, the local authorities have to respond.

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    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by gilraen View Post
    I'm already past 120 days, and I got that same letter. Grrrrr. By this time they should HAVE all the info they need on me! And nothing about me comes from Galveston, or any other hard-hit area.

    It just ticks me off no end.
    They had all the info they needed on me when I bought my gun months ago. I have the gun, and there's nothing at all to stop me from using it in any illegal way I choose. I'm only being restricted from legally exercising my rights against those that have no regard for my rights or the law.

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    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by TX-JB View Post
    The delay will come from how long it takes Brazoria county to respond to the DPS inquiry about any record you may have in that county.
    I have a couple of problems with this. One, I don't think Texas has any checks or balances on this. It seems to me a county or a city government could just decide they're not responding to the background checks at all. They could use this as a means of denying all CHL in their jurisdiction. Second, their reasoning here is that it's a time of emergency, catastrophe, and in effect even a literal breakdown of law and order. What if they restricted free speech during similar emergencies? If anything, they should be granting CHLs or temporarily waiving CHL laws during this type of a catastrophe.

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