In Defense of the DPS..
Posted: Wed Jul 09, 2008 4:44 pm
In my short duration on this forum, I've read overwhelmingly the negative attitudes for the DPS, with criticism after criticism. So I thought that I would do something contrary, and post in defense of the DPS. While I am not admitting that the DPS blame free, I do feel that there is enough cause that warrants the delays and current situation. Here are some discussion points about common arguments found in this forum.
1. The argument of "DPS is required to process my application in 60 days"
Using "Texas Gun Owner's Guide" by Alan Korwin, Chapter 2, page 60 (ironically), he says
"Within 60 days of your local officials' receipt of your application (which would be within 60-90 days of when DPS got your application) DPS must either
1-Issue your license;
2-Notify you in writing that you've been denied (for reasons described under Application Denials below); or
3-Notify you that your application is delayed, stating why and how long the delay is likely to last. They have a total of 180 days from when they first received your materials in which to complete any lingering investigations."
There are a couple of additional points I would like to make, is his comment "Within 60 days of your local officials' receipt of your application". This does not mean when you mailed it from you house. Additionally, this may not mean when it was received in Austin. As far as I know there are typically shared mailrooms where all mail goes to and then is distributed to the specific departments. The actual DPS office may not receive your application until several days after it is marked as received from USPS, UPS, FedEx etc. When I completed my online application, I called in and asked for some questions. I was told, that after DPS prints up my forms to mail, they are sent to the mailroom and it could take up to a full week before the mail room is able to get them sent out. This was clear to me that DPS-CHL officees doesn't doesn't directly receive our applications, but rather some mailroom receives it and it ultimately makes it way to the CHL offices.
Second, I believe that DPS is currently doing #3. When people call into DPS, they are notified that their applications is delayed (due to backlog), and are given estimates on how long the delay will last (between 90-120 days). Contrary to most peoples understanding, Austin is only doing a portion of your application processing. DPS is only charged with doing the initial background check, and must forward you fingerprints to the FBI to have them checked, as well as forward you application to your local authorities for them to do their checks. As far as I know, DPS has no authority to force the FBI and your local authorities to speed up you application. People should start calling and complaining to the FBI and their local county authorities to get them to get their act together as well. But the DPS makes for a convienent, single point of blame.
2. The argument of "The DPS CHL office is mismanaging the process"
The government, along with pretty much any large corporate, does not run itself on a month to month basis. These entities are required to forecast and budget for the upcoming year, to cover their operating expenses and incoming revenue, etc. The key here, is that this activity is done in advance of the fiscal year. This means that sometime in 2007, DPS had to project how many CHL license applications they thought they would receive in 2008. Here are the numbers of licenses per year from DPS web site
2002 Active Licenses = 224,172
2003 Active Licenses = 239,863
2004 Active Licenses = 239,940
2005 Active Licenses = 248,874
2006 Active Licenses = 258,162
2007 Active Licenses = 288,909
Seeing those numbers, DPS could estimate the year over year growth in the licenses
2002-2003 Increase = 6.99%
2003-2004 Increase = 0.032%
2004-2005 Increase = 3.72%
2005-2006 Increase = 3.73%
2006-2007 Increase = 11.90%
I'm quite sure that DPS projected and budgeted for an appropriate amount of people to accomodate an application load that was in line with historical data. However, NO ONE anticipated that the increase in application would have occurred like they have. At this point in time, DPS was reported to have process 52K applications as of start of July (http://www.dentonrc.com/sharedcontent/d ... 1afcb.html). They only processed 30,747 for the WHOLE of 2007. So based on basic estimates, DPS had processed approximately 15K in middle of 2007, where as they are now processing 52K. That would represent over a 300% increase in load, where as statistics would suggest the increase should be between 3% - 12%.
3. The argument of "TX Government should give DPS-CHL more money"
Yes, this would definately help lower the time spent INSIDE the Austin based portion of the CHL process. However, those temp workers aren't going to make your local county authorities or the FBI do their jobs any faster. Second, the Texas government has no shortage of agencies asking for more funding. The Texas CHL program is miniscule in the overall scheme of things, and we as CHL holders/applicants represent a neglible amount of voting power when compared to other groups. Just as we are complaing for more money, so are other groups. Let me ask you this, do YOU feel the CHL programs needs more money over other groups such as
* School districts asking for pay raises for teachers
* Law enforcement agencies asking for more money for pay raises, and to cover increasing overtime pay
* Non-Profit agencies looking for money to expand their after school programs to keep kids out of gangs and drugs
* Non-Profit agencies looking to buy window AC units for poor, elderly people who have no AC during the summer months
* Mass Transit systems fighting with increasing operating expenses as cost of gas causes more people to stop driving and start taking trains and buses
* County Hospitals providing free health care to individuals who cannot pay for it
I can guarantee you that groups, similar to the above, are in Austin daily asking for more funding. While the CHL office could use more money (who couldn't), I certainly think that there are MORE groups that need that money than we do. I mean, the ONLY impact to us is that it is taking longer to get our cards. For other groups, it may mean that they won't be able to do things PERIOD.
4. The argument of "The government is corrupt and not looking after the people"
Contrary to many on this forum, I do NOT think DPS is out to get me, nor deny my right to protect myself. I firmly believe that DPS is aware of the current state of frustration, and I know that they are trying to do what ever they can to resolve it. I find it absurd that people post that DPS is doing nothing to help out the problem. Ultimately, there are paid people that are working down there in Austin, and NO ONE wants to lose their job. Who wants to tell the data entry person that is working long days, trying to enter 30-100 applications per day that they aren't doing their job. Who wants to tell the people that answer the phone, and listen to complaint after complaint after complaint that their group isn't doing their job. What about the senior management. I can assure you that the guys running the program are feeling the heat, and looking for every opportunity that they can to make it better. After all, their jobs are on the line, and I doubt that they would be willing to do nothing, and risk their job.
Second, I find it hypocrytical how many people will accuse the goverment of being corrupt, dysfunctional, not working for the people, and then reach out to their State Representative, Senator, Congressman to get their application pushed to the front of the line. What has been demonstrated to me is that the attitude is really that "the government is corrupt, not serving the people, unless they can get my application pushed to the top, and then they are okay".
5.What is the TRUE impact to you
I've read many posts that say "DPS is endangering my life by delaying my application", "DPS is violating my civil liberties", etc. Let's take all of the emotion and frustration and put that aside, and let's talk about the REAL impact. The ONLY difference between today and when you get your CHL is that you wil be able to carry your gun on you. You already have the right to carry you gun in your home, your place of business (if you own it), and your vehicle. We already have the ability to arm ourselves for the majority of each day, without the CHL. We are not talking about a night and day difference of being unarmed 0% of the time to armed 100% the time. We are talking about a difference of being armed 75% of the time versus 100% of the time. Even with a CHL, most likely you will not be able to be armed 100% of the time, given how business can post 30.06 and your company can prohibit employees from bringing guns into the workplace.
Realistically, we are talking about people getting upset for having to wait 30-40 days longer than usual. What is the real cost of those 30-40 days to you? You've managed to live for XX years (insert your age) thus far, does 30-40 days represent a significant risk to you?
The reality of it is if DPS originally said it would take up to 120 days to process your application, instead of the 60 days, nobody would have been complaining. Right now it appears to many that their life will get significantly more threatened after the 60 day mark, where as if DPS originally said 120 days, then you wouldn't even be thinking twice about your application right now, and life would be same as usual, no more dangerous.
6. Do you hold yourself to the same standard you are holding DPS to
Many people are getting hung up on the "DPS says they should process in 60 days, regardless" argument. There is no significant argument WHY that is a problem, other than just because DPS said they be done by then and they didn't. I've yet for someone to give me a compelling reason why going past 60 days is worse than going past 30 days or 90 days for that matter. It's becoming a "Just because" type of argument. Now let me turn the table back on you. You are generally required to pay your bills, credit card statements, mortage withing 30 days. How many on this forum have never went past the due date on their bills? Our creditors tell us that we have 30 days to pay. What if we miss? Do you expect your creditor for having no tolerance for you missing payment, that we do of the DPS? Most of us despise bill collectors who come after us after we get behind on payments. We often justify the non payment as we aren't in the wrong, that we just encountered hard times and the bill collectors need to be more lenient to us. We call them unfair. But we are doing the exact same thing to DPS right now. We are giving them NO tolerances what so ever to accomodate ANY spikes in behavior. We are sending in the bill collectors (state representatives) to collect for us, even though we personally would despise the same think happening to us.
7. The argument of "DPS is completely to blame for the long processing times"
The current majority of the discussions put the blame completely on DPS. But if you keep reading you will see many cases where WE, CHL applications actually complicated the scenarios. We misspelled something on the applications, we didn't send in all of the supporting documentation for that arrest some time ago, or we flat out didn't understand the process. All of these examples caused delays, but we were so quickly to dismiss errors on our part and continue to blame DPS. For example, there is one recent story of a CHL application that did not understand the process, submitted two different applications, without the full paperwork and payment in either application and yet he was ready to call his state representative to report DPS taking so long. Granted that these instance are in a smaller majority, but they do happen. Should DPS still be held to their time commitments if error on your part introduces delays in the process?
8. Not happy with the wait, you have alternatives! You DON'T have to wait as long
At this point in time, if you have done anything related to CHL, you know about the delays before you even attend your class or submit your application. There have been so many news reports and articles written that you would have to be disconnected from any news media to not know. But even if you didn't know, I'm pretty sure that when you stepped into your CHL class, one of the first topics the instructor talked about was the huge delays in the application, so you were warned then. So at the point you are ready to submit your application you already know about the delay, and yet we still complain. Let's assume I go to work, and I hear of a wreck on the radio on my route to work, but choose to ignor the warning. Then while driving I see one of those DPS electrnic signs that says there is a wreck, and to expect delays, but yet I choose to ignore it. Then I finally hit the jam, and I start complaining and choose to blame the police for not doing their job faster and clearing the wreck. I know that police probably have guidelines to get the wreck cleared as fast as possible, but in this case this was a bigger than expected wreck, and they were taking longer to clear it. Plus they are having to wait for the Fire Department which was behind fighting fires, and the Crime Scene investigation unit. They are stuck waiting. I was fully aware that there was a wreck, with significant delays, but yet I chose to continue on my path, but yet I gripe at the police for not doing their job.
So let me ask you this. If you knew there was an alternative route to get you to work (in our example) in less time, at less cost, would you take it? Well, you have that route. It's called an out of state CHL license. You have the opportunity to get a Utah CFP or Florida CHL and will most likely get it before you get a Texas CHL. If the delays are a concern, why wouldn't you go an alternate path for a faster, and cheaper license (Utah is only $65 versus $140 for texas).
In Conclusion....
<insert lawyer voice>So people of the court, we are gathered today to bear witness to the DPS behavior for the last six month. Based on the facts, I ....... well enough of that. I don't do lawyer speak very well, and I bet Charles could shred my closing statement in a heart beat.
So despite seeing the daily posts condemning DPS, I thought I would try and post something in defense of DPS. I will state that I DO NOT WORK FOR DPS. I simply understand how unpredicatable the world is, and that everyone works under constraints. Personally, while I don't like it, it doesn't bother me too much to have to wait about a month longer than I normally would have. I don't think having to wait 30-40 days longer (on average) is unreasonable. If the wait time was 1 year, then this would be a different story.
Okay, grenade has been thrown out there. I'm going to duck for cover.......
1. The argument of "DPS is required to process my application in 60 days"
Using "Texas Gun Owner's Guide" by Alan Korwin, Chapter 2, page 60 (ironically), he says
"Within 60 days of your local officials' receipt of your application (which would be within 60-90 days of when DPS got your application) DPS must either
1-Issue your license;
2-Notify you in writing that you've been denied (for reasons described under Application Denials below); or
3-Notify you that your application is delayed, stating why and how long the delay is likely to last. They have a total of 180 days from when they first received your materials in which to complete any lingering investigations."
There are a couple of additional points I would like to make, is his comment "Within 60 days of your local officials' receipt of your application". This does not mean when you mailed it from you house. Additionally, this may not mean when it was received in Austin. As far as I know there are typically shared mailrooms where all mail goes to and then is distributed to the specific departments. The actual DPS office may not receive your application until several days after it is marked as received from USPS, UPS, FedEx etc. When I completed my online application, I called in and asked for some questions. I was told, that after DPS prints up my forms to mail, they are sent to the mailroom and it could take up to a full week before the mail room is able to get them sent out. This was clear to me that DPS-CHL officees doesn't doesn't directly receive our applications, but rather some mailroom receives it and it ultimately makes it way to the CHL offices.
Second, I believe that DPS is currently doing #3. When people call into DPS, they are notified that their applications is delayed (due to backlog), and are given estimates on how long the delay will last (between 90-120 days). Contrary to most peoples understanding, Austin is only doing a portion of your application processing. DPS is only charged with doing the initial background check, and must forward you fingerprints to the FBI to have them checked, as well as forward you application to your local authorities for them to do their checks. As far as I know, DPS has no authority to force the FBI and your local authorities to speed up you application. People should start calling and complaining to the FBI and their local county authorities to get them to get their act together as well. But the DPS makes for a convienent, single point of blame.
2. The argument of "The DPS CHL office is mismanaging the process"
The government, along with pretty much any large corporate, does not run itself on a month to month basis. These entities are required to forecast and budget for the upcoming year, to cover their operating expenses and incoming revenue, etc. The key here, is that this activity is done in advance of the fiscal year. This means that sometime in 2007, DPS had to project how many CHL license applications they thought they would receive in 2008. Here are the numbers of licenses per year from DPS web site
2002 Active Licenses = 224,172
2003 Active Licenses = 239,863
2004 Active Licenses = 239,940
2005 Active Licenses = 248,874
2006 Active Licenses = 258,162
2007 Active Licenses = 288,909
Seeing those numbers, DPS could estimate the year over year growth in the licenses
2002-2003 Increase = 6.99%
2003-2004 Increase = 0.032%
2004-2005 Increase = 3.72%
2005-2006 Increase = 3.73%
2006-2007 Increase = 11.90%
I'm quite sure that DPS projected and budgeted for an appropriate amount of people to accomodate an application load that was in line with historical data. However, NO ONE anticipated that the increase in application would have occurred like they have. At this point in time, DPS was reported to have process 52K applications as of start of July (http://www.dentonrc.com/sharedcontent/d ... 1afcb.html). They only processed 30,747 for the WHOLE of 2007. So based on basic estimates, DPS had processed approximately 15K in middle of 2007, where as they are now processing 52K. That would represent over a 300% increase in load, where as statistics would suggest the increase should be between 3% - 12%.
3. The argument of "TX Government should give DPS-CHL more money"
Yes, this would definately help lower the time spent INSIDE the Austin based portion of the CHL process. However, those temp workers aren't going to make your local county authorities or the FBI do their jobs any faster. Second, the Texas government has no shortage of agencies asking for more funding. The Texas CHL program is miniscule in the overall scheme of things, and we as CHL holders/applicants represent a neglible amount of voting power when compared to other groups. Just as we are complaing for more money, so are other groups. Let me ask you this, do YOU feel the CHL programs needs more money over other groups such as
* School districts asking for pay raises for teachers
* Law enforcement agencies asking for more money for pay raises, and to cover increasing overtime pay
* Non-Profit agencies looking for money to expand their after school programs to keep kids out of gangs and drugs
* Non-Profit agencies looking to buy window AC units for poor, elderly people who have no AC during the summer months
* Mass Transit systems fighting with increasing operating expenses as cost of gas causes more people to stop driving and start taking trains and buses
* County Hospitals providing free health care to individuals who cannot pay for it
I can guarantee you that groups, similar to the above, are in Austin daily asking for more funding. While the CHL office could use more money (who couldn't), I certainly think that there are MORE groups that need that money than we do. I mean, the ONLY impact to us is that it is taking longer to get our cards. For other groups, it may mean that they won't be able to do things PERIOD.
4. The argument of "The government is corrupt and not looking after the people"
Contrary to many on this forum, I do NOT think DPS is out to get me, nor deny my right to protect myself. I firmly believe that DPS is aware of the current state of frustration, and I know that they are trying to do what ever they can to resolve it. I find it absurd that people post that DPS is doing nothing to help out the problem. Ultimately, there are paid people that are working down there in Austin, and NO ONE wants to lose their job. Who wants to tell the data entry person that is working long days, trying to enter 30-100 applications per day that they aren't doing their job. Who wants to tell the people that answer the phone, and listen to complaint after complaint after complaint that their group isn't doing their job. What about the senior management. I can assure you that the guys running the program are feeling the heat, and looking for every opportunity that they can to make it better. After all, their jobs are on the line, and I doubt that they would be willing to do nothing, and risk their job.
Second, I find it hypocrytical how many people will accuse the goverment of being corrupt, dysfunctional, not working for the people, and then reach out to their State Representative, Senator, Congressman to get their application pushed to the front of the line. What has been demonstrated to me is that the attitude is really that "the government is corrupt, not serving the people, unless they can get my application pushed to the top, and then they are okay".
5.What is the TRUE impact to you
I've read many posts that say "DPS is endangering my life by delaying my application", "DPS is violating my civil liberties", etc. Let's take all of the emotion and frustration and put that aside, and let's talk about the REAL impact. The ONLY difference between today and when you get your CHL is that you wil be able to carry your gun on you. You already have the right to carry you gun in your home, your place of business (if you own it), and your vehicle. We already have the ability to arm ourselves for the majority of each day, without the CHL. We are not talking about a night and day difference of being unarmed 0% of the time to armed 100% the time. We are talking about a difference of being armed 75% of the time versus 100% of the time. Even with a CHL, most likely you will not be able to be armed 100% of the time, given how business can post 30.06 and your company can prohibit employees from bringing guns into the workplace.
Realistically, we are talking about people getting upset for having to wait 30-40 days longer than usual. What is the real cost of those 30-40 days to you? You've managed to live for XX years (insert your age) thus far, does 30-40 days represent a significant risk to you?
The reality of it is if DPS originally said it would take up to 120 days to process your application, instead of the 60 days, nobody would have been complaining. Right now it appears to many that their life will get significantly more threatened after the 60 day mark, where as if DPS originally said 120 days, then you wouldn't even be thinking twice about your application right now, and life would be same as usual, no more dangerous.
6. Do you hold yourself to the same standard you are holding DPS to
Many people are getting hung up on the "DPS says they should process in 60 days, regardless" argument. There is no significant argument WHY that is a problem, other than just because DPS said they be done by then and they didn't. I've yet for someone to give me a compelling reason why going past 60 days is worse than going past 30 days or 90 days for that matter. It's becoming a "Just because" type of argument. Now let me turn the table back on you. You are generally required to pay your bills, credit card statements, mortage withing 30 days. How many on this forum have never went past the due date on their bills? Our creditors tell us that we have 30 days to pay. What if we miss? Do you expect your creditor for having no tolerance for you missing payment, that we do of the DPS? Most of us despise bill collectors who come after us after we get behind on payments. We often justify the non payment as we aren't in the wrong, that we just encountered hard times and the bill collectors need to be more lenient to us. We call them unfair. But we are doing the exact same thing to DPS right now. We are giving them NO tolerances what so ever to accomodate ANY spikes in behavior. We are sending in the bill collectors (state representatives) to collect for us, even though we personally would despise the same think happening to us.
7. The argument of "DPS is completely to blame for the long processing times"
The current majority of the discussions put the blame completely on DPS. But if you keep reading you will see many cases where WE, CHL applications actually complicated the scenarios. We misspelled something on the applications, we didn't send in all of the supporting documentation for that arrest some time ago, or we flat out didn't understand the process. All of these examples caused delays, but we were so quickly to dismiss errors on our part and continue to blame DPS. For example, there is one recent story of a CHL application that did not understand the process, submitted two different applications, without the full paperwork and payment in either application and yet he was ready to call his state representative to report DPS taking so long. Granted that these instance are in a smaller majority, but they do happen. Should DPS still be held to their time commitments if error on your part introduces delays in the process?
8. Not happy with the wait, you have alternatives! You DON'T have to wait as long
At this point in time, if you have done anything related to CHL, you know about the delays before you even attend your class or submit your application. There have been so many news reports and articles written that you would have to be disconnected from any news media to not know. But even if you didn't know, I'm pretty sure that when you stepped into your CHL class, one of the first topics the instructor talked about was the huge delays in the application, so you were warned then. So at the point you are ready to submit your application you already know about the delay, and yet we still complain. Let's assume I go to work, and I hear of a wreck on the radio on my route to work, but choose to ignor the warning. Then while driving I see one of those DPS electrnic signs that says there is a wreck, and to expect delays, but yet I choose to ignore it. Then I finally hit the jam, and I start complaining and choose to blame the police for not doing their job faster and clearing the wreck. I know that police probably have guidelines to get the wreck cleared as fast as possible, but in this case this was a bigger than expected wreck, and they were taking longer to clear it. Plus they are having to wait for the Fire Department which was behind fighting fires, and the Crime Scene investigation unit. They are stuck waiting. I was fully aware that there was a wreck, with significant delays, but yet I chose to continue on my path, but yet I gripe at the police for not doing their job.
So let me ask you this. If you knew there was an alternative route to get you to work (in our example) in less time, at less cost, would you take it? Well, you have that route. It's called an out of state CHL license. You have the opportunity to get a Utah CFP or Florida CHL and will most likely get it before you get a Texas CHL. If the delays are a concern, why wouldn't you go an alternate path for a faster, and cheaper license (Utah is only $65 versus $140 for texas).
In Conclusion....
<insert lawyer voice>So people of the court, we are gathered today to bear witness to the DPS behavior for the last six month. Based on the facts, I ....... well enough of that. I don't do lawyer speak very well, and I bet Charles could shred my closing statement in a heart beat.
So despite seeing the daily posts condemning DPS, I thought I would try and post something in defense of DPS. I will state that I DO NOT WORK FOR DPS. I simply understand how unpredicatable the world is, and that everyone works under constraints. Personally, while I don't like it, it doesn't bother me too much to have to wait about a month longer than I normally would have. I don't think having to wait 30-40 days longer (on average) is unreasonable. If the wait time was 1 year, then this would be a different story.
Okay, grenade has been thrown out there. I'm going to duck for cover.......