The concerns about NICS and reciprocity are valid (and I did answer Charles's question about whether DPS should issue a license before all checks are completed.)
As Chas. pointed out, much of the "background check" has nothing whatsoever to do with criminal background and federal eligibility to purchase a firearm. Much of the grunt work involves taxes, student loans, etc., which aren't in an accessible central database.
A background check that satisfies NICS requirements is pretty easy; the CHL standard is more stringent.
Texas has the toughest requirements of all shall-issue states, which is why the Texas CHL is so widely accepted. Some states might withdraw acceptance or reciprocity, but only if the Texas standard fell below their own.
The obvious solution, to me, is issuance of a provisional license upon completion of the training class and the computerized criminal background check. It would be valid throughout Texas, and in any state that would accept it (probably most of our current reciprocal states). It might or might not be an acceptable NICS substitute, but that's up to the ATF to determine.
The Florida CFL only takes 3-6 weeks for non-residents, and I believe it's the second-most recognized license.
The initial background check shouldn't take more than 1-2 weeks after receipt of a completed application package, so a prospective CHL should have a provisional license in hand not more than a month after DPS cashes the check.
I agree with Chas. that the disqualifying factors which aren't criminal (delinquent taxes, student loans, etc.) should be repealed. That might or might not be politically do-able; I hope so. Regardless, any of the non-criminal disqualifiers that might crop up during further investigation only pertain to the Texas requirements, not the FBI's or other states'. If Texas wants to suspend a provisional CHL because of unpaid taxes or a long-forgotten (but just discovered) Class A misdemeanor, that's an internal Texas matter.
Sorry for the long-winded reply, but that's my solution: if the training and initial criminal background check are passed, the CHL will be issued within a certain time frame (60/45/30 days... ).
Kevin
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Return to “Why don't they follow the law?”
- Wed May 21, 2008 11:29 pm
- Forum: The "Waiting Room"
- Topic: Why don't they follow the law?
- Replies: 42
- Views: 5848
- Mon May 19, 2008 5:39 pm
- Forum: The "Waiting Room"
- Topic: Why don't they follow the law?
- Replies: 42
- Views: 5848
Re: Why don't they follow the law?
After an initial (computer) check that shows no arrests on felony charges, no warrants, and no deliquent taxes, the chances of the "complete" check turning up a disqualifier is extremely low.Charles L. Cotton wrote:But let me ask this question; would you want the DPS to issue a CHL before the the complete background check is finished?