Here's my take on this (be it long winded) .... But first.
(This is NOT legal Advise, just reference to Data and opinion only. Any use is at the readers own risk.)
Now with that out of the way.
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 6 LICENSE TO CARRY HANDGUNS
SUBCHAPTER B ELIGIBILITY AND APPLICATION PROCEDURES
RULE §6.17 Application Review and Background Investigation
From what I read in the above referenced section of the statute (please correct me if you think I'm wrong..thanks), If the application is incomplete your timer has not started yet, once you have been given notice of an error or incomplete application you have 90 day to submit a complete and correct application or you may extend another 90 days, after no response to the first 90 or the end of the 180 total if extended another 90 days, the application will be closed. you will have to start all over.
Now once the DPS has your complete, error free application, then the 60 day timer starts and from what I read they have 60 days to approve or deny an application that has no problems in the checks (red flags) like same name hits and the like. These have to be looked at and they have 180 days to do this, if they do not issue or deny the application 30 days after the 180 days, (210 days) it is a denial... but in most cases they can take as per the statute 210 days because most applications will have some kind of field investigation aside from the norm just due to same name hits and this is what is putting them in a pinch, once the process starts on an application each one is different and take its own time as per what is needed to complete the investigations required for that application.
Applications must be passed on to the background investigation stage no later than 30 days after they receive the complete application (once they have it, they have 30 days to check it for errors/missing DATA, enter it into the system and then send it on).
I assume, that most applications will have some sort of extra investigation work needed and the stipulation of up to 180 day applies. Most are falling in the middle 100 120 90 yet I have seen some this week and last that were 70 and 60+ days to have the plastic being printed.
Those applications that seem to be getting passed up in the system by others are more than likely bogged down in the red tape of the incomplete or/and investigation stages. Calling DPS after the application is in the background stage is not going to be of much help, for the person at DPS on the phone really has no way of knowing what stage an application is in once it is out of there hands in the field/FBI investigation stage, I feel this to be the reason for the seemingly canned replies to questions, It's the best answer they can give at that time with out going (I/WE DONT KNOW) and is why one persons reply is not the same as anothers, to me this means (we dont have it back yet).
Every body seems to be getting there plastic so there not much reason to fret, I myself expect to have to wait a bit longer for mine, I have a No Billed arrest for assault with a deadly weapon, their going to have to investigate this in-depth and not just except the certified copies of the documents I sent with the application from the clerk and DA of the arresting county. Its a trip to that county for them. But I expect to get my plastic once there done. Heck my prints and/or photos may come back needing to be re-submitted, Who knows. Iv already had to have them correct an error in my name I caught when they sent the PIN letter..
Well thats my take on it. Good or Bad, Happy or Sad....
...
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- by XDpackinBob
- Thu Jul 24, 2008 11:40 pm
- Forum: The "Waiting Room"
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