TexasCHLforum.com

Posted: **Tue Nov 06, 2007 10:49 am**

Finally got through today. They confirmed receipt of the app on 9/5 and said the license should be issued early next week.

I'm glad I didn't fall through a crack, but how does this fit into their 60 day window?

Posted: **Tue Nov 06, 2007 11:13 am**

DPS is supposed to notify you of a reason why a final decision was not made 60 days after receiving the application, but there is no penalty if they don't, and it's not clear to me what the applicant can do about it.

- Jim

Posted: **Tue Nov 06, 2007 1:11 pm**

THERE IS NO 60 DAY WINDOW,, and they are not required to give you any response after 60 days.

DPS has 30 days after they receive your app to forward it to the investigator in your county of residence.

Austin then is required to issue or deny 60 days after the investigator received the packet.

Texas Government Code
Â§ 411.176. REVIEW OF APPLICATION MATERIALS. (a) On
receipt of the application materials by the department at its
Austin headquarters, the department shall conduct the appropriate
criminal history record check of the applicant through its
computerized criminal history system. Not later than the 30th day
after the date the department receives the application materials,
the department shall forward the materials to the director's
designee in the geographical area of the applicant's residence so
that the designee may conduct the investigation described by
Subsection (b).

Texas Government Code
Â§ 411.177. ISSUANCE OR DENIAL OF LICENSE

(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.
(d) A license issued under this subchapter is effective from
the date of issuance.

Posted: **Tue Nov 06, 2007 2:27 pm**

Mine took 120 days because they could not verify a florida disposition 20 years ago. I finally called and asked and they said they could not find the incident I listed on the application so they were about to issue the license.

So in the intrest of complete paperwork I contacted the county in Fla and got the paperwork and sent it to DPS, Got the plastic 5 days later.

Posted: **Tue Nov 06, 2007 2:47 pm**

What about this?

GC Â§411.177. ISSUANCE OR DENIAL OF LICENSE.
(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: ...
(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.

- Jim

Posted: **Tue Nov 06, 2007 3:11 pm**

If it is nearing the 2 month mark and you haven't heard, call.

Very frequently there is a minor problem that has gotten it put in a waiting stack. Once you call attention to it, if it is minor, they will usually issue within a couple of days of your call. It is more than that, they will tell you where the hold up is.

Glad yours is on the way!

Posted: **Tue Nov 06, 2007 3:26 pm**

seamusTX wrote:What about this?
GC Â§411.177. ISSUANCE OR DENIAL OF LICENSE.
(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:
- Jim

Read my post. It explains it. The department has 30 DAYS to get the completed application materials to its designee.

Texas Government Code
Â§ 411.176. REVIEW OF APPLICATION MATERIALS. (a) On
receipt of the application materials by the department at its
Austin headquarters, the department shall conduct the appropriate
criminal history record check of the applicant through its
computerized criminal history system. Not later than the 30th day
after the date the department receives the application materials,
the department shall forward the materials to the director's
designee in the geographical area of the applicant's residence so
that the designee may conduct the investigation described by
Subsection (b).

Posted: **Tue Nov 06, 2007 6:52 pm**

Just because you make it bigger doesn't make it make any more sense.

That's the same as talking louder to a person who doesn't understand English.

If YOU can't explain it in plain English, then it isn't fair to be annoyed with those who don't understand DPS legalese.

Posted: **Tue Nov 06, 2007 7:41 pm**

txinvestigator wrote:Read my post. It explains it. The department has 30 DAYS to get the completed application materials to its designee.

That's 30 days from when DPS receives it. If you send it certified mail, the Post Office can provide proof of the date DPS received it. Bottlenecks in its mailroom, or data entry, or other delays are all part of the 30 days to get the completed application materials to its designee.

In the end, it doesn't make much of a difference. If DPS doesn't issue your CHL in a timely manner, at best you could consider it a pocket denial under Â§411.177(c) and start the appeal process without waiting for official notification. Other than that, "the clock" is nothing more than a topic for conversation. For the purpose of the poll, I encourage you to start your clock when the post office says DPS received your application, not when DPS changes some arbitrary status on its website.

Posted: **Tue Nov 06, 2007 8:00 pm**

THERE IS NO 60 DAY WINDOW,, and they are not required to give you any response after 60 days.

DPS has 30 days after they receive your app to forward it to the investigator in your county of residence.

Austin then is required to issue or deny 60 days after the investigator received the packet.

Does this mean they have 90 days? Or are they saying "you get it when you get it, unless you don't?"

The big red words didn't really clear it up for me, either

Posted: **Tue Nov 06, 2007 9:21 pm**

Step 1
DPS recieves your package and has 30 days to get it to the designee.

Step 2
Said designee has 60 days to get it back to DPS

Total possible elapsed time for you, the applicant is 90 days

Not that you can really do anything about it anyway. Texas is a shall issue state, as opposed to may issue.

Relax and let things take their course. No sense trying to bite the hand that shall be feeding you, unless you give them reason not to.

Hopefully that explains the possible time line.

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