How does SLED exceed the 90-day limit for CWP application?

[leopax]

I am new to USA Carry and this question may have been addressed many times previously. If this is the case, the answer will come quickly so I ask for your tolerance.

Recently, for many applicants seeking CWP approval, there have been numerous reports of delays beyond the ninety-day limit. Emphatically, my question is not intended to be a criticism of SLED. I don’t want us to get into that debate. It appears they have their hands full! Each of us can accept delay. It is not the end of the world.

I want my question and your responses to deal with the matter of a law. It is my understanding that the “law” specifies ninety days, not ninety-two, ninety-four, ninety-seven, etc. Apparently, if we can believe applicants’ reports, the ninety day limit is being exceeded without this causing much grief. If true, I must be missing something. I merely want to know how the law is set aside.

I don’t know how long an applicant’s background research “typically” takes, but lawmakers must have concluded that ninety days would be at the extreme. To put it another way, there must be applicants receiving their CWP within thirty days or sixty days.

If this is a proper way to phrase our question, who or what grants SLED authority to go beyond the specified ninety-day period? If it is acceptable to delay for a few extra days, why not delay two weeks, a month or longer. I do not understand how this is all right. Can you educated folks, or you legal minds, explain this for rest of us?

[FN1910]

Read the law very carefully. It does not say that SLED must issue it in 90 days but rather they must notify you of a rejection in 90 days. It doesn't say how long they have to issue it. This is all a play on wording and the common interpretation is that they must issue it in 90 days but the law doesn't actually say that. So if you want to argue with SLED on the 90 day deal being legal or not you will have to let the courts make the interpretation.

I have read that section many times and am still not sure of what the legalities are and what the proceedure is for SLED other than what they are doing.

[leopax]

It seems the focus of the “statute” is on notifying a disqualified applicant within ninety days of receiving the application. I have emailed state legislators and posed the question. Here are a few quotes.

“In the law, the word "shall" means mandatory. One could certainly argue that in the event the applicant was found to be unqualified and not notified within ninety days, he is thereby found to be qualified and SLED has no choice but to issue the permit. But, as a practical matter, I don't think a judge would order them to issue the permit if they declined at day ninety-seven, etc.”

“I think that SLED must advise the unqualified applicant within ninety days. That's the law. If they advise the unqualified applicant at any point past ninety days, they have violated the law (statute). However, not every violation of a law is a crime. I looked but did not see where the legislature said that violation of the statute was criminal and prescribed a criminal penalty. So, I contend that there is a very good argument that unless SLED notifies an applicant that he is unqualified within ninety days, then he is found to be qualified and SLED must issue the permit.”

“So, basically, 90 days after SLED receives your application, they must either notify you in writing why it was denied or issue you the permit. However, in these difficult economic times, CCW applications are certainly low down on the list of "things for police to do". So don't be concerned if it’s approaching the 90 day limit.”

“This law appears to require that SLED must either deny the permit, or issue the permit if no reason to deny the permit is found within ninety days after the application was received.”

As FN1910 suggests in his post, some of this requires repeat readings to comprehend the meaning. However, I think we get the point. Thanks for the prompt response FN1910. Your assessment is right on the mark! I now have a better understanding of the law and perhaps others will too. Seems this is not a black and white issue; there is much ambiguity. Like it or not, looks as if there is no “carved in stone” 90-day deadline for issuing a permit. Applicants will just have to wait!

[Red Hat]

I know that they will issue a permit after the 90 day mark and also send a letter at the same time that the permit was being denied. This happened to a friend of mine. The Sheriff did not concur on his permit but since it was over the 90 day limit SLED had to issued him a permit. He has since talked to the Sheriff and got it resolved.

[willsenior]

Hmm. I didn't think the statute was unclear:

(C) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within ninety days from the date the application was received; otherwise, SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4)(a). The course shall cost fifty dollars. SLED shall use the proceeds to defray the training course’s operating costs. If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial.

I think the key phrase is "...a permit is granted by operation of law because an applicant was not notified of a denial within the ninety day notification period..." This implies there is a legal impetus to issue the permit within 90 days.

FYI, I mailed my application on 9 MAY 2009, and I'm still waiting for my permit.

[MTee]

Originally Posted by willsenior

...FYI, I mailed my application on 9 MAY 2009, and I'm still waiting for my permit.

Bummer! Going by your mailed in date I'll need to add an extra month to my wait time. I mailed mine June 26. Now I'm thinking it will be October before I get mine.


MTee

[willsenior]

I finally received my permit in the mail -- 94 days after I mailed my application. Apparently, SLED is receiving a heavy load of CWP applications (which I'm glad to see).

[MTee]

Thanks for the info Will!
Mine should be here the last week of September for the first October.

MTee