CCP over 45 days
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CCP over 45 days

This is a discussion on CCP over 45 days within the West Virginia Discussion and Firearm News forums, part of the Firearms Discussion by State category; It has been over 45 days since I have applied for my concealed permit. When I went to check on ...

  1. #1
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    Nov 2008
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    Default CCP over 45 days

    It has been over 45 days since I have applied for my concealed permit. When I went to check on it they were very rude and ask if I had been called and I said no. They said "Well just wait".

    When I stated that I thought it was susposed to be issued in 45 days she just walked away.

  2. #2
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    Feb 2009
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    Good luck.. Here in TX, it was supposed to take 45 days. I submitted in August and was 'lucky' to get it by XMas.

  3. #3
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    The application says 60 days. When I turned mine in, the very nice lady told me they are taking 45 to 60 days to process. She also said that when it was finished, they would send me a letter to let me know to come get it. I was also reminded that the $15.00 fee must be in cash.
    I think this is quite an improvement in the (not so) old system where you had to start looking in the newspaper after 45 days to find out if your application was approved.

  4. #4
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    Here in Norfolk it took me alittle less than 2 weeks.
    "Injustice anywhere is a threat to Justice everywhere".
    -MLK

  5. #5
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    I live in WV and it took me 2 days to get mine took it to the sheriffs office on Friday and they called me to come get it on Tuesday

  6. #6
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    Bunker Hill, WV
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    Default

    Quote Originally Posted by Defiant View Post
    I live in WV and it took me 2 days to get mine took it to the sheriffs office on Friday and they called me to come get it on Tuesday
    Where do you live in WV that it only took 2 days?

    Mine didn't take much longer, 10 days and they never called me. I waited the 45 days and went in to ask about it and it was there waiting on me.
    If guns cause crime, all of mine are defective.
    Ted Nugent

  7. #7
    Rachkir's Avatar
    Rachkir is offline Rachkir
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    Default it all depends on where in WV...

    It just depends on where you live, and if the issuing athority is pro or anti-gun from what I hear... pro areas quicker, anti areas longer...

    Took me about 30 days until I got mine.

    Hopefully yours comes soon!!!

    v/r
    Rachkir
    - NH (Resident), FL (NR), ME (NR), PA (NR), CT (NR), AZ (NR) PERMIT HOLDER
    (I travel to those states frequently for various reasons)
    http://gunfacts.info/

  8. #8
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    i have to agree with the others, it depends on what county. i have mine in Preston and have no problems. Sometimes it takes longer than others and they don't seem to call you when it's done on time. But they are usually very nice.
    " GRIZ "
    CCW
    NRA LIFE
    GOA
    Katie Couric, while interviewing a Marine sniper, asked:

    'What do you feel when you shoot a Terrorist?'

    The Marine shrugged and replied,


    'A slight recoil.'

    Danny P. (Dan) Creed

  9. #9
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    Lebanon, VA
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    Default My recent CHL renewal experience

    About two months ago, I filed my first CHL renewal application.

    My first license was issued in Monongalia County on December 19, 2005, 4 days (including a weekend) after I applied.

    I mailed my renewal application to the Raleigh County sheriff's office on Friday, November 5, 2010. The following Monday, November 8, 2010, an employee of the sheriff's office called me to confirm receipt of the application and demand an additional $5, ostensibly for a photo ID license card. I sent a follow-up letter on my law office stationery respectfully declining to pay the additional fee based upon my opinion the requested additional amount was not lawfully authorized. In my letter, I invited the sheriff to state his legal authority for the additional amount and indicated I would gladly review his reply and reconsider my position if warranted; I received no such response.

    A few days before my first license expired, I called the sheriff's office to inquire on the status of my application. They had no reply. Until then, I would have considered a delay in issuing a new license and minimizing a time overlap with my old one a courtesy. However, on December 20, 2010 (the day after my first license had expired, the 45th day after I mailed my renewal application, and the 42nd day after the sheriff's office confirmed receipt of my application), I called again, and was told the same thing. The first person with whom I spoke incorrectly stated the law allows 45 business days. I then spoke with a supervisor, who did not try to argue calendar days vs. business days, but said all applications are taking this long. The supervisor also said that the application volume has nearly quadrupled over the last 5 years (she estimated the average volume to be between 1,000 and 2,000 per year) and that the office is having difficulty keeping up with them.

    Of the $90 per application licensing fees authorized by W.Va. Code 61-7-4, the sheriff's office gets $60. Based upon the estimated application volume I was quoted over the phone, the Raleigh County sheriff is getting between $60,000 and $120,000 per year from concealed handgun license applications. This would be more than enough to pay 2 or 3 full-time employees to do nothing but process CHL applications. However, like most sheriffs, I suspect mine prefers to try to accumulate a surplus, which he gets to convert at the end of each fiscal year (June 30) into his own little personal slush fund. See W.Va. Code 61-7-4(c). While most sheriffs (including mine, I assume) do stay within the widely-spaced guardrails of the law on this issue, it would be wise to remember that the immediate past sheriff of Mercer County, Danny Wills, used his to fund his personal drug habit, for which he went to federal prison.

    Long before this episode, I had drafted a bill that, among many other things, would prevent this type of situation from happening by closing the "if all required background checks authorized by this section are completed" loophole, ending the use of CHL funds for anything other than administering the CHL program (thus incentivizing sheriffs to use our money for its intended purpose, including hiring additional personnel if the application volume and income warrant), requiring the prompt commencement of the required background checks (sheriffs could no longer sit on an application for several weeks before beginning to take action), and require the issuance of a "temporary renewal license," valid for 6 months, to each renewal applicant who applies before his or her current license expires, that should eliminate all possibility of a license lapsing while a renewal application is pending.

    On the morning of Wednesday, December 22, 2010, on the 47th day after I mailed my renewal application and the 44th day after the sheriff's office confirmed receipt of it, I again called to check the status of my application. I was informed that the background check is now complete and my application and new license are in a Stack On Sheriff Steve Tanner's desk.

    However, I was told I might not get my new CHL until after January 1, 2011, because Sheriff Tanner may not get around to signing it until then (no word on whether his scheduling difficulties are due to his photo op schedule). I then politely but sternly reminded the lady with whom I spoke that the law requires the sheriff to act within 45 days if the required background checks are complete (a loophole that is closed now that my background check has been completed) and that based upon the calculation most favorable to the sheriff, that day is December 23, 2010. She then tried to claim the law sets a 45 business day limit and I reiterated that it's 45 calendar days (W.Va. Code 61-7-4(f)) and that I will be filing a petition for a writ of mandamus at the circuit court at the close of business on December 23, 2010, if I am not in possession of my new license by then.

    Well, just before noon on december 23, 2010, the sheriff's office called and let me know my new license was ready.

    When I went to pick it up, I did play nice and elect the optional photo ID license card--for an extra $5 (grand total $95). The license, although issued on december 23, was listed as effective on December 20, 2010, the first day after my last license had lapsed. I let that pass since I did not want to take a gamble on how long it might take to get a corrected license.

    There was a sign posted indicating it could take up to 45 business days to act on an application and I heard the lady at the window telling several people ahead of me in line who were there to file their applications the same thing. Apparently it's going to take a lot more than me to correct this problem (W.Va. Code 61-7-4(f) says 45 days, meaning 45 calendar days, not 45 business days--which could be as long as 63 calendar days plus any holidays).

    Based on my license file number, I expect Raleigh County will have issued more than 1,000 licenses by the end of 2010; the eatimate I had previously received concerning the application volume is probably correct.

    I plan to file FOIA requests for information concerning the number and compensation of employees in the sheriff's office who handle CHLs, the actual number of applications in each of the last 5 years, license fee revenues for each of the last 5 years, and surpluses in the CHL administration fund at the end of each of the last 5 fiscal years and how they were spent. If the 1,000 to 2,000 applications per year estimate I was quoted is accurate, our sheriff is receiving more than enough revenue ($60 per application is kept by the local sheriff) to hire additional personnel or reassign existing personnel to handle CHL applications.

    --Reposted from the WVCDL forums.
    James M. "Jim" Mullins, Jr., Esq.
    Attorney, The Law Offices of James M. Mullins, Jr., PLLC
    Founder and Past President, West Virginia Citizens Defense League, Inc.

  10. #10
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    Default Overdue CCW

    W.Va. Code 61-7-4(f) Challanges and complaints start at the Attorney Generals Office.

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