TexasCHLforum.com

I have spoken to my Rep, Senator, Texas Riffle Association Lobbyist and Simone about the delays and the theme is they have ineffectively managed the whole process. I have resorted to sending Open Records Requests the CHL Bureau. So now if they do not answer my questions in a timely manner I can file charges on them. Search Texas Open Records Act for guidelines and send one of your own. They consider the delays an inconvenience rather than a blow to civil liberties. A right delayed is a right denied! I am open to any other tactics.

What does an open records request do? I agree the CHL folks need to be held accountable, but will an ORR (or enough of them) do anything a call to our reps won't do?

bigdadykain wrote:I have spoken to my Rep, Senator, Texas Riffle Association Lobbyist and Simone about the delays and the theme is they have ineffectively managed the whole process. I have resorted to sending Open Records Requests the CHL Bureau. So now if they do not answer my questions in a timely manner I can file charges on them. Search Texas Open Records Act for guidelines and send one of your own. They consider the delays an inconvenience rather than a blow to civil liberties. A right delayed is a right denied! I am open to any other tactics.

The question becomes who do you sanction?

Simone?
The person in charge of processing?
The FBI for slow background checks?

What is needed is some type of reform. Federal ID's for departments such as DOT, DOD, etc. take 24 hours to get. The Federal ID Security office issues the ID and if you are found to be a bad guy by the FBI 60 days down the road, they come and take your Fed ID away. The whole process is smoother as one can apply in week 1, do and oral interview about your case file in week 2 and 1 day later you have a nice shiny Fed ID.

Granted issuing a CHL is a little more serious but "wishful thinking here" one could apply, have a simple background check through NICS and the state could issue a provisional license on day 60 that is valid for 180 days if the state is not done processing the application traditionally.

If an issue from a past arrest or other item arises the applicant has the initial 60 days to fix, or if the provisional license has been issued the applicant has the 180 day period to rectify before a permanent license is issued.

KaiserB wrote:Granted issuing a CHL is a little more serious but "wishful thinking here" one could apply, have a simple background check through NICS and the state could issue a provisional license on day 60 that is valid for 180 days if the state is not done processing the application traditionally.

As Mr. Cotton has pointed out before, issue of a provisional license would invalidate many of our reciprocity agreements.

Mike1951 wrote:

KaiserB wrote:Granted issuing a CHL is a little more serious but "wishful thinking here" one could apply, have a simple background check through NICS and the state could issue a provisional license on day 60 that is valid for 180 days if the state is not done processing the application traditionally.

As Mr. Cotton has pointed out before, issue of a provisional license would invalidate many of our reciprocity agreements.

Very good point...

There has to be a better way for DPS to handle surges in applications. DPS needs some type of "deadline" that is taken seriously. Perhaps they should be forced to issue by the 60th day if they have no record of prior issues (arrest, conviction, etc.)

I think this is another good argument in favor of unlicensed open carry in TX.

Right now, unfortunately, DPS holds all of the cards. There is no reproach if they don't get the CHL done in 60 days. There is no accountability at all. The CHL applicant is simply denied their right to bear arms indefinitely until they get the license and there is nothing they can do.

However with unlicensed OC then we are not denied our right to bear arms under any circumstances, so if the DPS takes forever to process the CHL then we just OC.

The DPS is under a great deal of fire now by key people in the Legislature and the Governor's Office, so don't think they are sitting back ignoring the problem. The only fix is a legislative one and that can't happen before 2009. For those who have not read the older thread on the DPS meeting, please have a look. It might help explain the problem. For obvious reasons, I can't go into details about various proposals to fix the problem, other than the obvious one to increase DPS funding for more people in the CHL department.

I make use of Open Records Requests under appropriate circumstances, but I don't believe that would help in this situation. DPS has acknowledged the delays (see report below), so I'm not sure what the ORR would request. Further, the people who would be doing the leg-work to respond to the request would be people pulled off their regular duties of processing CHL applications.

Chas.

DPS Delayed Processing: Meeting Report

good information. thanks

Why is everyone so shocked that a bunch of minority, government employees can't accomplish a task in a timely manner?

TommyGlock wrote:Why is everyone so shocked that a bunch of minority, government employees can't accomplish a task in a timely manner?

Whoa, that's a pretty strong statement there....

1. Show me your facts that show me the racial composition of the Austin CHL office
2. Please tell us how minority, as apposed to whites, are less capable of doing the job in a timely manner
3. Please tell us why goverment employees are less capable than non-government employees at accomplishing tasks in a timely manner
4. Tell me how you are better equipped to do the job than the individuals in the Austin CHL office?


Those remarks are both racist and condescending in nature. I'm sure you realize that there are both minority and goverment workers participating on this forum.

BigBlueDodge wrote:

TommyGlock wrote:Why is everyone so shocked that a bunch of minority, government employees can't accomplish a task in a timely manner?

Whoa, that's a pretty strong statement there....

1. Show me your facts that show me the racial composition of the Austin CHL office
2. Please tell us how minority, as apposed to whites, are less capable of doing the job in a timely manner
3. Please tell us why goverment employees are less capable than non-government employees at accomplishing tasks in a timely manner
4. Tell me how you are better equipped to do the job than the individuals in the Austin CHL office?


Those remarks are both racist and condescending in nature. I'm sure you realize that there are both minority and goverment workers participating on this forum.

1. Please show me where I made a statement.

The purpose of the open records request is to force them to a 10 day timeline to answere my question. Previous attempts have not been responded to at all. If they do not repond within the prescribed time frame I can file charges on their designated information officer at the DA's office. They have had my application for 45days and have not began to process it as of yet. The question I asked will force their hand to prove they have not followed GC 411.176. Read if you are not familiar with its content. My next step is to find others like me and file suit. When General Clarke addresed the sunset committee a couple of weeks ago he was asked if any pending litigation existed. He stated no. That is about to change. News flash, they are required to follow the statutes and underfunding and/or incompetence will not be an acceptable excuse. Of course you do have a right to continue to do nothing and accept things exactly the way they are.

Congratulations on someone finally taking action to make them see how unacceptable this really is. If no one speaks up or takes action then there will be no desire or pressure to try to correct the issue in a timely manner.

"IF YOU CONTINUE TO TO DO THE SAME THING YOU CAN EXPECT ONLY THE SAME RESULTS"

TommyGlock wrote: Why is everyone so shocked that a bunch of minority, government employees can't accomplish a task in a timely manner?

Isn't that a statement?

I agree with BigBlueDodge, you have no idea of the make up of the office, unless you work there, and if you do, where's MY CHL?

TommyGlock wrote:Why is everyone so shocked that a bunch of minority, government employees can't accomplish a task in a timely manner?

Forum Rule 3 wrote:3. No racial or ethnic slurs. Descriptions of persons in actual events are fine, so long as it doesn’t constitute stereotyping.