Current Processing/Waiting Time for CHP Permits?

[bullit]

"The law was changed in 2010.  69-2430 (3)(b) states they have 45 days to issue renewed permit.".

That is absolutely INCORRECT.  The NSP has 45 calendar days to issue a permits.  Renewal permits must be issued within 5 business days.  You misread the statute.  Prior to 2010, the NSP had "within five business days after completion of the applicant's criminal history record information check" to issue a permit (mind you the first renewals never occurred until 2012).

In short, the NSP is failing to be in compliance it appears.  Jon Bruning was an aggressive AG who reminded them of such.  Not seeing that current AG Peterson is all that concerned.  His office has the power to do something.

[sidearm1]

"(3)(a) Until January 1, 2010, the permit to carry a concealed handgun shall be issued by the Nebraska State Patrol within five business days after completion of the applicant's criminal history record information check, if the applicant has complied with this section and has met all the requirements of section 69-2433.

(b) Beginning January 1, 2010, the permit to carry a concealed handgun shall be issued by the Nebraska State Patrol within forty-five days after the date an application for the permit has been made by the applicant if the applicant has complied with this section and has met all the requirements of section 69-2433."

Please highlight where I misread.  According to the trooper I talked to, when you renew, you are applying for a permit to carry concealed.

[LJUnaTIC]

Nebraska Administrative code chapter 21 section 11

[sidearm1]

The administrative code on the state patrols website was last changed in 2012, Under the Administrative Procedures Act. a state statute has precedence over an administrative code, The statute has the power of law, the administrative code is an employees interpretation of that statute.  Of course all this is academic since it seems no one has the funds to file suit against the state patrol.  Until that happens we can word smith all we want and nothing will change.  It will take a court opinion to change anything.  Just for renewal purposes check your permit and at 89 days, electronically file for renewal.  Then if is takes 50 days to get your permit, you are still good to go.

[LJUnaTIC]

The Concealed Handgun Permit Act grants the power to promulgate and adopt rules and regulations for the administration of the act to the Nebraska State Patrol.

Thus, the Nebraska  Administrative code, chapter 21, as written by the Nebraska State Patrol, as authorized by LB454,  has all the power of the statutes it was written to administer.

[sidearm1]

So when are you filing your lawsuit.  If not, it is just so much hot air going down the road.  You, I and everyone else can complain, talk to legal counsel, and bloviate forever.  But until someone who is really affected by this takes it to court, nothing is going to happen.  The ombudsman's  office is too busy making sure inmates have ice cream and cake to take on anything that might affect their clients.

[LJUnaTIC]

So, at least you admit that the law is being violated. This group convinced Jon Bruning to act on this very issue in the past and AG Doug Petersen may well see it the same way if properly motivated.

Writing it off as a lost cause might not be the best way to move forward.

[sidearm1]

I never said that. I stated that people can talk all they want and nothing will change.  I stated that the only way to clarify whether the State Statute (current version) has affect or the Interpretation that  you state (from 2012) will be settled is for you to file suit.  I will wait to see the filing on it.  Otherwise, its just a bunch of hot air from everyone.  You will sit back and wait for your permit when it comes just like everyone else.  Nothing changes.

[bullit]

sidearm 1 ... Unfortunately, NSP has elected to thumb its nose at the abiding by the law (knowingly or unknowingly), yet will enforce said law as it applies to CHP holders.  When it is required by NSP to actually teach prospective CHP applicants the deadlines for issuance, renewals, and expirations makes it all the more troubling.  I contacted the legal counsel for Senator Brewer last week.  I suggested contact be made with NSP and AG Peterson to inquire why compliance is not occurring on behalf of NSP.  I also copied the NFOA Board.  The only comment I received back from Legal Counsel was very vague referencing that the focus is on Constitutional Carry passing next session, which would still wouldn't solve the problem (I'd still want a CHP to carry legally in other states that require). 
Personally, I am VERY skeptical of Con Carry passing in Nebraska with the current make up of the Unicameral.

[FarmerRick]

Where is the PRESS RELEASE from the NEBRASKA FIRARMS OWNERS ASSOCIATION calling on AG Peterson to MAKE the State Patrol issue permits in the designated time? Covered by local news stations, "news"papers, news websites both local and nationwide.

Years ago, that's how it was done if I remember correctly...

Perhaps "diverrrrrrrrrrsity" is more important to the current board?

[NE Bull]

Years ago, that's how it was done if I remember correctly...

I was thinking the same.  IIRC We, the NFOA made a big stink adn not only got compliance, but they also used the fuss we made to hire on more personnel! 
 

[HuskerXDM]

Hilowe:  The law was changed in 2010.  69-2430 (3)(b) states they have 45 days to issue renewed permit.  I would contact your state senator (hopefully they are 2A friendly) and state ombudsman's office.  If any other state agency wasn't complying with state law they would be in court (very expensive).

I think it's 5 days for a renewal... 45 days for a new permit

Edit:  I see this was addressed...was not my intention to pile on

[Jito463]

Speaking of renewals, I just got a letter in the mail yesterday reminding me that my CHP is up for renewal in January.  I know there was a bill to that effect in the legislature, did that actually go through?  I thought that one didn't make it.  Maybe I'm mixing up my bills.

[bullit]

Yes, that bill passed.

Speaking of renewals, I just got a letter in the mail yesterday reminding me that my CHP is up for renewal in January.  I know there was a bill to that effect in the legislature, did that actually go through?  I thought that one didn't make it.  Maybe I'm mixing up my bills.

[greg58]

Yes, that bill passed.

That is good that it passed and is being complied with by the NSP.
I wondered why the State was able to remind folks to renew Drivers License, Professional License, ETC. but not the CHP holder. It is all baby steps around here!

[Jito463]

Yes, that bill passed.

Ah, I must have mixed up my bills then.  Thanks.