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It should also be noted that after sending the letter, they have 30 days to issue the license or it constitutes denial. I was tempted to request a hearing as to why my license was denied if DPS had not issued it by the new year (But mine was issued on Jan. 4).bd1000 wrote:Application Completed - license issued or certificate active
Holy crap something happened!
I had called the technical assistance hotline before, and explained that something must be wrong with the status check, because mine has been on "processing" for about 4 months :). I then called the DPS offices but could not get any kind of answers other than "didn't you get the letter? Hurricane Ike has caused delays."
I wrote to my Governor and State Rep offices (online forms), I basically sent the same email to both, here are some excepts:
I received the letter about Hurricane Ike but I feel that it was just an excuse for the already inefficient and understaffed processing system. I have researched other applicant's wait times and some were delayed past the "60 days" even before the hurricane.
For being the most populated county in Texas, and one of the top most populated counties in the United States, it is embarrassing to see the performance of our DPS. One would think an application relating to the right to be able to protect and defend yourself would be taken more seriously.
According to the Texas Concealed Handgun Laws and Selected Statutes booklet, a letter explaining the inability to issue a license within the 60 days should include: "an estimation of the amount of time the department will need to make the determination." (GC 411.177 (3))
The letter sent out September 26, gave no such estimation, and I have not been able to get a straight answer from either DPS locations. Obviously, there is an issue with the performance of the DPS that should be corrected immediately.
Best of luck to those still waiting. I think it would help to contact the appropriate people and let them know there is a problem; the more the better.
Did you contact Rep. Taylor's office? His office was very supportive and contacted DPS on my behalf.agbullet2k1 wrote:Glad to see that some of the Harris apps are going through. My wife's is still floating around somewhere with no help from elected officials or DPS yet. 261 days and counting...
Granted they have not sent you notice of denial but under GC 411.177(C) your license has been denied.GC $411 .I 80. NOTIFICATION OF DENIAL, REVOCATION, OR
SUSPENSION OF LICENSE; REVIEW. (a) The department shall
give written notice to each applicant for a handgun license of any
denial, revocation, or suspension of that license. Not later than the
30th day after the notice is received by the applicant, according to the
records of the department, the applicant or license holder may request
a hearing on the denial, revocation, or suspension. The applicant must
make a written request for a hearing addressed to the department at
its Austin address. The request for hearing must reach the department
in Austin prior to the 30th day after the date of receipt of the written
notice. On receipt of a request for hearing from a license holder or
applicant, the department shall promptly schedule a hearing in the
appropriate justice court in the county of residence of the applicant or
license holder. The justice court shall conduct a hearing to review the
TEXAS CONCEALED HANDGUN LAWS GC ยง411.180. 11
denial, revocation, or suspension of the license. In a proceeding under
this section, a justice of the peace shall act as an administrative
hearing officer. A hearing under this section is not subject to Chapter
2001 (Administrative Procedure Act). A district attorney or county
attorney, the attorney general, or a designated member of the department
may represent the department.
(b) The department, on receipt of a request for hearing, shall file the
appropriate petition in the justice court selected for the hearing and
send a copy of that petition to the applicant or license holder at the
address contained in departmental records. A hearing under this
section must be scheduled within 30 days of receipt of the request for
a hearing. The hearing shall be held expeditiously but in no event
more than 60 days after the date that the applicant or license holder
requested the hearing. The date of the hearing may be reset on the
motion of either party, by agreement of the parties, or by the court as
necessary to accommodate the court's docket.
(c) The justice court shall determine if the denial, revocation, or
suspension is supported by a preponderance of the evidence. Both the
applicant or license holder and the department may present evidence.
The court shall affirm the denial, revocation, or suspension if the court
determines that denial, revocation, or suspension is supported by a
preponderance of the evidence. If the court determines that the denial,
revocation, or suspension is not supported by a preponderance of the
evidence, the court shall order the department to immediately issue or
return the license to the applicant or license holder.
(d) A proceeding under this section is subject to Chapter 105, Civil
Practice and Remedies Code, relating to fees, expenses, and
attorney's fees.
(e) A party adversely affected by the court's ruling following a
hearing under this section may appeal the ruling by filing within 30
days after the ruling a petition in a county court at law in the county in
which the applicant or license holder resides or, if there is no county
court at law in the county, in the county court of the county. A person
who appeals under this section must send by certified mail a copy of
the person's petition, certified by the clerk of the court in which the
petition is filed, to the appropriate division of the department at its
Austin headquarters. The trial on appeal shall be a trial de nova
without a jury. A district or county attorney or the attorney general may
represent the department.
(f) A suspension of a license may not be probated.
(g) If an applicant or a license holder does not petition the justice
court, a denial becomes final and a revocation or suspension takes
effect on the 30th day after receipt of written notice.
(h) The department may use and introduce into evidence certified
copies of governmental records to establish the existence of certain
events that could result in the denial, revocation, or suspension of a
license under this subchapter, including records regarding convictions,
judicial findings regarding mental competency, judicial findings
regarding chemical dependency, or other matters that may be established
by governmental records that have been properly authenticated.
I would call them, immediately ask for a supervisor and find out what is holding up the license. If they won't tell you or give you some lame excuse, give them on week and inform them that after the week you will be sending them a certified letter requesting a hearing for disposition of your license denial. That should get them moving.(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.
call the senators office, whoever your local is. Mine was Dan Patrick, my application was completed within 3 days of talking to his office. You can look up who your rep is on google, it will probably go by your zip code. You are wasting your time with DPS, they don't know anything, and will always be completely clueless about anything you ask them.FAAPOD wrote:When you all call the DPS in Austin - are you calling the CHL Bureau at 1-800-224-5744? I just spoke to a very unhelpful individual there that would give me nothing other than that they are waiting on background checks. He tried the Ike line on me. I told him that my research has shown that many applicants were out past the 60 days well before Ike. He told me that in every case like that he had looked up, there had been a problem with the application.
He indicated that the b/g was not run from his office (which I knew) but refused to tell me where they were being run from or give me a number to call. He also refused to give me anything other than his first name. Said he couldn't give me his last name and would not give me badge number, employee number or any other identifying information that I could refer to on future calls. "I'm the only _____ in the call center, sir."
Out of curiosity, who is your rep?FAAPOD wrote:Well I spoke to somebody at my state rep's office today. He said that the office "would certainly be able to help push my license through", which sounded good. He also indicated (paraphrasing) they were aware that the whole Ike thing was a sham - that they knew full well that Harris Co. was way behind well before Ike. We'll see. Will be calling my state senators office tomorrow. I wish it were Dan Patrick, but it isn't.
Joe Crabb, District 127agbullet2k1 wrote:Out of curiosity, who is your rep?FAAPOD wrote:Well I spoke to somebody at my state rep's office today. He said that the office "would certainly be able to help push my license through", which sounded good. He also indicated (paraphrasing) they were aware that the whole Ike thing was a sham - that they knew full well that Harris Co. was way behind well before Ike. We'll see. Will be calling my state senators office tomorrow. I wish it were Dan Patrick, but it isn't.