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Re: Why don't they follow the law?

Posted: Mon May 19, 2008 5:39 pm
by KBCraig
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?
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.

Re: Why don't they follow the law?

Posted: Mon May 19, 2008 5:54 pm
by lunchbox
KBCraig wrote:
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?
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.
:iagree:

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 6:36 am
by bdickens
Why not write to your State representatives about it?

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 11:08 am
by lunchbox
bdickens wrote:Why not write to your State representatives about it?
i would say thats a good idea but as chas explained to me this wont be able to be fixed till some time in 2009
as far as the state congress goes

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 11:13 am
by dukesean
lunchbox wrote:
bdickens wrote:Why not write to your State representatives about it?
i would say thats a good idea but as chas explained to me this wont be able to be fixed till some time in 2009
as far as the state congress goes
That's fine too, if it won't be fixed until 2009, but in the meantime let's get momentum for it by writing our reps to make sure that when the time comes, effective changes are implemented

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 12:47 pm
by lunchbox
dukesean wrote:
lunchbox wrote:
bdickens wrote:Why not write to your State representatives about it?
i would say thats a good idea but as chas explained to me this wont be able to be fixed till some time in 2009
as far as the state congress goes
That's fine too, if it won't be fixed until 2009, but in the meantime let's get momentum for it by writing our reps to make sure that when the time comes, effective changes are implemented
where would we even go to wright our rep or even find out who our rep is

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 1:13 pm
by Keith B
lunchbox wrote: where would we even go to wright our rep or even find out who our rep is
Go here http://www.fyi.legis.state.tx.us/ and enter your info

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 1:17 pm
by dukesean
lunchbox wrote: where would we even go to wright our rep or even find out who our rep is
Try this link: http://www.fyi.legis.state.tx.us/

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 1:20 pm
by anygunanywhere
Charles has a point about issuing before checks complete.

When I applied for my Florida permit, the feds turned down my fingerprints. The Florida folks that do the license stuff sent me a letter (under authority of the head Florida guy Charles Bronson) that if the feds still didn't accept the next set they would issue the license because they were confident I was good for it and the deadline would probably arrive before the feds were happy. Great judge of character they are.

Anygunanywhere

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 1:50 pm
by KD5NRH
Charles L. Cotton wrote:Both the reasons for the delays and the necessary legislative fixes have been covered in another thread. But let me ask this question; would you want the DPS to issue a CHL before the the complete background check is finished?
It works for NICS, so why not for CHL?

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 5:15 pm
by Oldgringo
Among all of the other things I don't understand is this: It takes seconds to buy a firearm as the dealer calls in the buyer's particulars; why then do fingerprints of that same buyer take weeks?

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 5:20 pm
by lunchbox
:iagree:

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 5:59 pm
by 03Lightningrocks
Oldgringo wrote:Among all of the other things I don't understand is this: It takes seconds to buy a firearm as the dealer calls in the buyer's particulars; why then do fingerprints of that same buyer take weeks?

On one hand you are only seeking permission to buy a gun. On the other hand you are seeking permission to actually use it for the purpose you purchased it for. :coolgleamA:

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 7:02 pm
by lunchbox
if you can buy one you could carry it legal or not i mena there are tons of people roaming around packing and have no plastic in their wallet
i say they could run the computer check send in your photo and prints and have it to you in 5 buisness days

Re: Why don't they follow the law?

Posted: Tue May 20, 2008 7:02 pm
by Charles L. Cotton
I've been gone for 8 days to the NRA committee meetings, the Annual Meeting and several other things, so I've had very little time to get on the forum.

Anyone reading this thread who hasn't seen the thread on DPS delays, what's being done, the necessity of a legislative fix, etc. will be missing a lot of information.

Since no one took the bait and answered my question about DPS issuing CHL's without completing a full background check, I'll go ahead and give the reasons why we don't/shouldn't want that done. If a Texas CHL is issued before a complete background check, then most states will cancel their reciprocity agreements with Texas. Plus, we will lose our NICS exemption.

Computer checks cannot be done for delinquent state taxes and other state fees, child support, or Texas guaranteed school loans. That has to be done at the county level. This is why these requirements should be repealed; plus they violate the Texas Constitution since they are money provisions unrelated to crime prevention.

As for writing Senators and Representatives, please look at the thread on DPS delays. Chairman Joe Driver has already had a meeting with DPS and Gov. Perry sent a representative to the meeting. A reporting schedule was established and Chairman Driver will be getting weekly updates. Getting other Representatives and/or Senators involved will not help at this point. There is nothing that can be done without a legislative fix and that isn't happening until 2009.

Here is something to consider. If this is handled poorly, the legislative change might be to extend the statutory time limit to 90 to 120 days, not fix the delay problems and fix the typo that gives DPS up to 90 days on an initial application instead of 60 days. I say this because DPS is currently trying to work under the watchful eye of Chairman Driver and if they get even more pressure, the response may be "the statutory time limit is too short and it should be increased." Don't think for a second this is not a distinct possibility. That's why my proposed changes greatly decrease DPS workload, thus removing any justification for extending the processing time.

BTW, Texas cannot access the NICS database, unless it agrees to become the POC (Point of Contact) for all firearm sales in Texas and DPS isn't about to agree to that. I have something going on that as well, with the help of NRA's Office of General Counsel. (It's nice to be on the NRA Legal Affairs Committee! :lol: ) This will be part of the entire legislative package.

I am as frustrated about the DPS delays as everyone else and if you'll look at some of my posts prior to the DPS meeting, you'll see I've been openly critical of DPS processing. Let's not let this frustration result in a "fix" that legalizes what DPS is going now; i.e. taking over 100 days to process applications.

Chas.