Denial after 90 days?

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Kythas
Senior Member
Posts: 1685
Joined: Wed Feb 20, 2008 10:06 am
Location: McKinney, TX

Denial after 90 days?

Post by Kythas »

I just noticed the following subsection in the CCW issue law:

GC 5411.177. ISSUANCE OR DENIAL OF LICENSE. (a) The
department shall issue a license to cany a concealed handgun to an
applicant if the applicant meets all the eligibility requirements and
submits all the application materials. The department may issue a
license to cany handguns only of the categories indicated on the applicant's
certificate of proficiency issued under Section 411.189. The
department shall administer the licensing procedures in good faith so
that any applicant who meets all the eligibility requirements and
submits all the application materials shall receive a license. The
department may not deny an application on the basis of a capricious or
arbitrary decision by the department.
(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.


So, according to the law, if the state hasn't issued or denied a license 90 days after receipt of your application, by law it's considered a denial of said license. Does it matter that it's been 96 days since receipt of my packet and my information still hasn't even been entered into the computer yet?
“I’m all in favor of keeping dangerous weapons out of the hands of fools. Let’s start with typewriters.” - Frank Lloyd Wright

"Both oligarch and tyrant mistrust the people, and therefore deprive them of arms" - Aristotle
Kerbouchard
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Posts: 139
Joined: Sat Mar 29, 2008 11:48 pm
Location: DFW
Contact:

Re: Denial after 90 days?

Post by Kerbouchard »

All of the apps are taking greater than 90 days. Nothing to worry about.
Greybeard
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Posts: 2415
Joined: Thu Dec 23, 2004 10:57 pm
Location: Denton County
Contact:

Re: Denial after 90 days?

Post by Greybeard »

Agreed, nothing to worry about.

They may actually be beginning to get caught up. I just got my renewal in the mail - right at the "required" 45 days (plus mail time.)
CHL Instructor since 1995
http://www.dentoncountysports.com "A Private Palace for Pistol Proficiency"
skennedy
Junior Member
Posts: 38
Joined: Sun Jul 27, 2008 9:42 pm
Location: Texarkana

Re: Denial after 90 days?

Post by skennedy »

I just got my plastic Saturday, 130 days after application packet was mailed, 127 days after DPS recieved it.
Scott
TX A&M Class of '85
BigBlueDodge
Senior Member
Posts: 342
Joined: Sun May 11, 2008 12:35 am

Re: Denial after 90 days?

Post by BigBlueDodge »

Technically yes, if you do not get issued a license, or a letter from DPS saying why your license has been delayed with an estimate on time to complete, the law says your license has been denied. However, no one is enforcing this law at all, as many people have been getting their licenses after 90 days.
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