Texas CHL 60th day today - Page 2

Texas CHL 60th day today

This is a discussion on Texas CHL 60th day today within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hope you get it quick, I live in Alvin, TX and it took them almost 7 months to get it issued. The hurricane "IKE" excuse ...

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Thread: Texas CHL 60th day today

  1. #16
    Member Array gumaro's Avatar
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    Hope you get it quick, I live in Alvin, TX and it took them almost 7 months to get it issued. The hurricane "IKE" excuse and backlogs, I contacted the Governors office after 100 days. DPS called me and said they where backed up because the increase in apps plus "IKE", asked me to give it some time. Well after another 3 months I contacted my State Rep. his office said they would contact DPS to ask them to expidite my application. DPS called and told me that they where waiting on back ground check. I finally got it about 3 weeks later. Sent app in Sept 6, 2008 got CHL March 21, 2009

  2. #17
    Member Array MBtech87's Avatar
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    Well now you guys got me wondering... Im finally at a permanent residence, but other than that Ive lived in Ft Bend, Harris, Travis (with parents), and in BOSTON for a short period. I noted all residences, I hope all that mess doesnt prolong the already long wait!
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  3. #18
    Member Array MaleNursePX4's Avatar
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    Well from what I gather, just living in Harris, at some point in the last 5 years, will get you a longer wait. In my 5 year period, I lived in Houston (kingwood), College Station, Bryan, and San Antonio..... Been waiting on my Harris BGC to come back for what seems like forever. Everything else has been back for a good while.
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  4. #19
    New Member Array rn1nduk1's Avatar
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    60 days challenged?

    I see kind of old thread, but most descriptive of my issue. Does anyone know if anyone has challenged DPS taking longer than 60 days? Texas is MANDATORY issue within 60 or denial. Backlog, appears is not addressed.

    TEXASE GOVERNMENT CODE ANN. § 411.177 : Texas Statutes - Section 411.177: ISSUANCE OR DENIAL OF LICENSE Specifies

    (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.

    I am not an attorney, but appears to me the DPS is in violation of state law.

    Curious if anyone knows. Has anyone actually challenged, taken DPS to court, got court order to issue, legislature carve out exception I cannot find. ?

    I don't know. I check and see absolutely no status change at 62 days.

    Argument could be made, that 60 days have passed, so I am licensed. Argument can also be made after 90 days constitutes a denial, so why the 5 months? is automatic denial per state law.

    Anyone know. I am debating hiring an attorney and challenging the DPS, if not for all, get court order directing DPS to comply with state law. After all, the DPS expects us to comply with license requirements to retain, and the DPS has power to later revoke anyway if find no longer eligible.

  5. #20
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    Perhaps at most the department is in violation of:

    (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.
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  6. #21
    New Member Array rn1nduk1's Avatar
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    I agree. Without notification, still constitutes MANDATORY ISSUE.

    Still looking for input. This seems somewhat ridiculous for ALL. I can accept backlog, no staff, etc, but that is not the public's problem. Still taking input. I have worked before for the state, and know challenges. But law is law, thus my considering options. I just still seem to be under the impression no one has challenged the Director of the DPS for not doing his job, yet i love the DPS too.

  7. #22
    Member Array ziggybgw's Avatar
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    I'm assuming you did, but it's worth asking. Did you upload your supporting documents after you finished the application?

  8. #23
    Distinguished Member Array Black Knight's Avatar
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    Are those 60 days calendar days or work days? Some jurisdictions use it as work days. If they use work days you could have up to 20 days left. In Virginia we have 45 calendar days. If your permit isn't either issued or denied in that 45 day period you can go to the clerk's office and they must photocopy your application then write the current date on it and that becomes a temporary permit.
    Last edited by Black Knight; March 17th, 2016 at 10:37 PM.

  9. #24
    Senior Member Array Doogie's Avatar
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    If they did not notify you of the reason for the failure to issue in 60 days you can get an attorney to file a writ of mandamus with the local court and compel them to issue. But most of the time the attorney will simply call them and find our what the problem is. I would consult a 2A lawyer in your jurisdiction since in 28 days it becomes a denial according to what you posted.

    "(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."

  10. #25
    Member Array txpilot's Avatar
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    This has not been uncommon lately - mostly because of a large influx of new applications. I know that's not an excuse, however several people have recommended contacting your state representative after the 60 day mark, and they will contact DPS and put pressure on them. One comment on TexasCHLforum.com just today was from a person who did that and received a call from a manager at DPS who indicated he would pull the application and process it himself, and stated that he hopes to have the license in the applicants hand within one week.

    I know it's frustrating, but we also have to remember that they have a budget so they can't just go out and hire more people to process when the workload overwhelms them.

    Good luck - hope you hear soon.

  11. #26
    Distinguished Member Array Texas Red's Avatar
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    Back in 2008, we were told that by law, they had to issue the permit in 90 days.

    Mine took almost exactly 180 days. They whined about their "backlog" as the reason for the delay, but they didn't fine themselves or give themselves any kind of reprimand. They didn't work overtime or hire extra help to work through the backlog, either. But then, TX state gummint is nothing if not incompetent and unconcerned. Except when it comes to tax collection.
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  12. #27
    New Member Array rn1nduk1's Avatar
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    Texas State Law does not specify calendar days. I quoted it above. I sent e-mail, and yes, all documents submitted, to best of knowledge and have return emails they were received. They also do not answer their phone either. So two weeks later, filing complaint on Director of DPS with the Governor's office, and cc state reps. Granted, Government Code dictates how government is supposed to run its business, but I did not set the guidelines. Overall, the Customer Service is lacking. May be different if customer service was available.

  13. #28
    New Member Array rn1nduk1's Avatar
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    Just update. Apparently dps starts the clock date app was submitted. So 90 days up on Sunday. What an experience. They tell me just in process and takes over 60 days. Will not answer if will meet 90 statutory deadline for auto denial. Have call in to director also.

    I guess question now has anyone in Texas been issued past 90 days or have to reapply?

  14. #29
    New Member Array rn1nduk1's Avatar
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    Assistant Director DPS just called. Closed matter. Signed off. He does claim, FYI, obligated to issue within 60 (TEXAS), but would notify if denied within 60. Bureaucracy really is a damper. I am proud, though, my public officials do accept responsibility, and correct oversights.

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