SC CWP Denial Pending DD214 - Page 3
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Thread: SC CWP Denial Pending DD214

  1. Quote Originally Posted by FormerSLEDAttorney View Post
    There are two issues there - the legal question and the technological question. The technology/process question explains why it takes so long. In short, SLED is running off of a COBOL system designed for the 1970's which makes in-house automation difficult to upgrade to. During my tenure we began talking with an outside vendor to begin phasing in pushing the process out to private companies to do all the in take with better technologies such as instant scan of fingerprints. As an aside during the 2006-2010 time frame the rejection rate for CWP instructor submitted fingerprint cards of their students was about 40%. Nothing against the instructors but fingerprint someone manually is a difficult process. That was the single longest point of delay during that time period. Pushing out instant scan would have resolved that. From a PR perspective we should have done a better job educating what the process improvement was about. The General Assembly put a lot of heat to not implement the system. I am not saying people did not have valid concerns, just that was the end of that process. The result is SLED still relies on an outdated computer system. Back them we projected a new IT infrastructure would cost around $20 million. This was during the same time period SLED's budget was cut about 40%. I am not sure of the IT improvements going on now but I am sure the CWP infrastructure is the same.

    A second "cause" of the delay is a vast increase since about 2008 in CWP applications. I am of the opinion the more CWPs the better, but at the same time more applications puts funnel effect where you are trying to push through a large number of applicants through a narrow pipeline limited by technology. The two that lead the CWP unit did a number of great process improvements including using Constables at night to help process applications but a technological fix would go a very long way in this situation.

    The legal answer ties to the law, which states: "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." While I know it is frustrating SLED is caught in a catch - 22. By the time it gets to the 90 day deadline I would say for 95% of the people all the background issues (ie fingerprints, criminal records check, sheriff requests) are finished. The only thing they have not done is literally print out the CWP license and mail it. The delay is in the front end. Because it is so backed up on the front end, compounded with the number of new applicants coming in each day things bottleneck.

    The law requires they issue send you a rejection notice or issue you one. You are almost guaranteed by that point to be in a position where they will issue you one so they can't send you a rejection but they are so backlogged they can't get to your application to issue you one.

    In other words if you haven't heard from them in 90 days you probably aren't going to be rejected for any reason but you are being delayed because the process is so backed up. They literally have buckets with dates on them for when the applications came in that are stacked 8 feet high as they work they way through simply printing out the CWPs and mailing them.

    The only real legal solution is to possibly file a motion for a Writ of Mandamus to have a court require them to issue. However, by the time you pay a filing fee for such a motion and get a court to hear your case you probably will have already received your CWP in the mail.

    Again with seeing the process first hand what will reduce the 90 day way is reducing the time on the front end of the process - that portion where you are getting fingerprints and running criminal records checks. That is where much time is "wasted" and bottlenecks occur because of reliance on a largely non-automated system.
    I've got the cure...eliminate the process all together! That will save everyone's time!

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  3. #22
    Join Date
    Jan 2013
    Location
    Virginia
    Posts
    1,097
    Dishonerable Discharge means "Dishonorable Discharge" It does not mean UD, BCD, or General under other than Honorable. Old "uppity" from above must be as pure as the driven snow. Maybe he has a Jesus complex...better yet...maybe he is Jesus. If so will you now save the world. "Let him without sin....". Good God I am sick of gunowners because of their God Complexes...not all of them, just some. Maybe guns do make people feel like they are God. How about a new thread... Do you Feel Like God When you Carry or because you are allowed to Carry and therefore you can judge everybody else for past misdeeds or misfortunes. If you want to deny firearm rights to everybody that has sinned...start with yourself!

  4. Hey I use to smoke weed and drink pot and all that stuff, was in the Army for twenty + years and lot of mines bubby and not smoke it, we didn't get catch. I almost did when I was in Fort Wainwright ALA, I'm not a bad person, I'm a good guy now.

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