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45 calendar days; I requested that my temporary permit be issued today.
just_me_mongo:
Hello to all,
Today marks the 45th calendar day after my submission of my application. I looked up the Title 272, NE Administrative Code, Ch-21, 009.01:
009.01 "If the application for a permit to carry a concealed handgun is complete and all accompanying documentation is submitted, a permit will be issued to the applicant by the Nebraska State Patrol within forty-five (45) calendar days so long as the record check reveals no disqualifying information and applicant meets all of the requirements of the Act and these regulations. If the record check can not be completed within the forty-five (45) calendar day limitation, a permit will be issued but is subject to cancellation if information is received that disqualifies the applicant."
I requested today that the NSP issue my temporary permit. I was given a call-back and informed that their person who is in charge of background checks was not present. I was also asked to wait until Monday and I agreed to wait until Monday. They said they needed to ask questions about my background before they could issue a denial, temporary permit, or permanent permit.
009.01 says that permit will be issued regardless of background check.
I believe that the N.S.P. is in violation of the law as my permit was not issued. Is this correct?
Monday, I will respectfully request that my permit will be issued.
I also decided to email our Governor for his assistance in this matter.
I believe that with the N.S.P. process, a law is being broken. As a civilian, If I break any laws, I will be prosecuted. This rule should apply to all.
I wanted to ask other forum members their opinion and advice. If you think I am wrong, please share your comments.
Thanks!
Dan W:
I think you are right on the law and I urge you to keep the pressure on.
I would also ask that you document your progress here in the forum, because this is an issue that is growing with each passing day, and many forum members are asking the same questions.
skydve76:
Yup, I would push the issue. The process just needs to change. The background checks need to stop. I think a simple NICS is good enough. If you can own a gun, you can carry one. Thats my .02. I would also email sen. Christiansen to try to introduce some new legislation to get rid of the renewal process.
RedNeckson:
Ad me to the list also - 45 Days Today - I didn't expect it in the mail, but it was still kind of disappointing. I had planned on waiting until Monday to place a phone call to the N.S.P., and also send off a few e-mails.
You are correct that as a private citizen if I break a law I will be prosecuted - example: - My truck plates are due every march and I have 30 days to renew them if I fail to do this I will be ticketed and fined, Now I could say: well I just didn't have the time or "staff" to write the check or mail it -- Think that would work ?
So evidently the N.S.P. is above the law and does not have to follow it --- It is not my fault that they are under staffed - HIRE SOMEONE!! There are a lot of qualified people who are looking for employment - So what is the problem?? --- It is not like 1 or 2 people are having to wait, I would assume that the majority of those who filled are not receiving the permit in the lawful allowed time.
Why has no one filed some sort of class action against the N.S.P.??
If it is a law then EVERYONE is obliged to follow, Isn't that what laws are all about??
Ok I feel a little better -- Till Monday!! -------------- Neal
AlanS:
Yes, please keep us posted... am 7 days behind you as today is 38 calendar days for me. I'll likely be looking for that e-mail address for the gov soon. Doesn't seem that I should have to "request" a temporary permit when the regulation states clearly that "If the record check can not be completed within the forty-five (45) calendar day limitation, a permit will be issued but is subject to cancellation if information is received that disqualifies the applicant." There is no reference to a temporary permit -- it reads that the actual permit "will be issued", subject to cancellation if disqualifying information is received (which is the same standard applied to all permits).
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