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Reload 02 wrote:I just talked to my State Reps office and he is the Chair of the Licensing and Administration Committee and they told me it is taking about 180 Days to get a CHL. THe lady in his office said she was told this about her own CHL as well.
You could nicely request that he read over GC §411.177(b)Reload 02 wrote:They will deal with me. My wife's family is very close friends with the Chairman and his family.
Shall, not May, or Can. Shall.GC §411.177(b) wrote: (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.
Shall, again.GC §411.176(b) wrote:
The director's designee as needed shall conduct an additional
criminal history record check of the applicant and an investigation of
the applicant's local official records to verify the accuracy of the appli-
cation materials. The scope of the record check and the investigation
are at the sole discretion of the department, except that the director's
designee shall complete the record check and investigation not later
than the 60th day after the date the department receives the applica-
tion materials.
I Read this to mean, that, AFTER the department gets it back from the county, and ONLY After.GC §411.176(b) wrote: On receipt at the department's Austin headquar-
ters of the application materials and the result of the investigation by
the director's designee, the department shall conduct any further
record check or investigation the department determines is necessary
if a question exists with respect to the accuracy of the application
materials or the eligibility of the applicant, except that the department
shall complete the record check and investigation not later than the
180th day after the date the department receives the application mate-
rials from the applicant.
to mean that if they do not approve within 90 days then the permit is denied by default. That would not bode well for most of us.(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.
Actually, it would. A Denial means you can request a hearing, within 30 days, to go before a judge. The DPS then has to show WHY you were denied. And "We're still waiting on the BG check" Is not an acceptable reason. Only genuinely disqualifying reasons are.Reload 02 wrote:I am far from any type of legal expert but I read this:
to mean that if they do not approve within 90 days then the permit is denied by default. That would not bode well for most of us.(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.
Actually, it's a very good provision. It was included to protect the applicant.Reload 02 wrote:I am far from any type of legal expert but I read this:
to mean that if they do not approve within 90 days then the permit is denied by default. That would not bode well for most of us.(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.
The hearing costs you nothing because 1) DPS has to file it in the JP court in your precinct of residence; 2) it's JP court so you won't need an attorney; and 3) they have to request a hearing within 30 days of your letter requesting it.Reload 02 wrote:I would think it would only be good for the applicant if they had the time and money to request a hearing with a judge but this also could take months so I guess we just wait.
dicion wrote:
Awesome Charles!!!
Thanks for all the work you do
