NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: AlanS on May 17, 2021, 02:11:38 PM
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I know what the statute says but just curious if anyone knows how much actual time it is currently taking. As of 5/17/2021 I'm on day 35. A little impatient I suppose. I got my first CHP in Nebraska 11 years ago... moved to Colorado five years later and had to wait out the new permit there, am now again a Nebraska resident and waiting again. After carrying most days during the last 11 years it seems an eternity waiting. Expecting the full 45 days, if not more, but curious if any better news is possible.
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Submitted my renewal on 1 Feb and the permit was issued on 19 March.
John K
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Just got mine a couple of weeks ago. Took exactly 6 weeks from sending to getting the new card. I too was getting anxious cause the old one expired last week.
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I called the NSP CID branch to inquire on Friday (5/28) which was day #46. They looked it up, said it looks like they have everything they need just waiting for someone to get time to issue it (that is literally what I was told). She said today, 5/28/2021, permits going out were applied for on April 8. Based on that she thought my April 12th application would issue sometime next week. A little frustrating that the NSP can disregard the statutory 45-day "must issue" requirement. No apology, no excuses, just waiting for "someone to get time" to do it. Could be worse, I waited 60 days in Colorado, just venting a little frustration.
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UPDATE: So, it's now day 53. Called again and was told "it looks like it was completed yesterday... should see it later this week or next week." She said it was "completed," didn't say it was printed, issued, or mailed out. Yep, am impatient. After carrying almost daily for 11 years, including a 5-yr stint in Colorado (where my wait was longer but greatly eased as it's legal there to carry in a vehicle for your protection without a permit, as it's considered an extension of your home -- now there's an addendum of statute worth pursuing) it's been a long 53 days!
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Just to close this out, here's the final timeline:
April 12, 2021 -- Application Submitted
June 3, 2021 -- Permit Issued, 52 days after application was submitted
June 5, 2021 -- Permit received in the mail, 54 days after application.
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Glad you have a happy but belated ending.
I just don't see that CHP permits are a priority at the NSP.
Funny that NSP can be continuously late with renewals, but the permit holder is held to a much greater standard if they attempt to renew late.
Greg
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Complaints about administration of state laws should go to the Ombudsman. Perhaps anybody who doesn't get their CHP or renewal CHP on time should send a letter or stop by the Ombudsman's office. This is a recurring problem and a little heat on the feet may make a difference.
Perhaps a thread where people post that they've sent letters can show the ongoing problem. After twenty or so letters, perhaps the NFOA can contact the ombudsman's office to follow up.
Just a thought...
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More importantly, the AG's office needs to be informed.
Previous AG Jon Brunig had a "come to Jesus" meeting with the NSP in 2012 when similar actions were occurring then. They were essentially forced to get it figured out, and hire more staff.
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Can confirm. Just called today. I filed mine 3 weeks ago. I thought the renewal was still 30 days, not 120 days (that's my fault). Regardless, if they were meeting the statutory requirements it wouldn't matter.
Regardless, now I get to either not carry or take my chances with explaining to an officer why my permit is expired until I get my new one. Neither is a great option.
I didn't yell at the person on the phone or anything (it's not her fault), but someone (in charge of the office) should be getting yelled at.
I was told they're on mid-April right now. So that means I might get mine in mid-July when it expires mid-June. Yay....
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I have talked to a person in the NSP office that processes the permits. They indicated that they do not have enough staff to process them. They are swamped, and are working as many hours as they are allowed. The workers processing the permits are not the problem, it goes higher than them.
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I agree. That was the point I was trying to make. It's at least the CID division manager's fault if not higher.
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https://www.nebraskalegislature.gov/divisions/ombud.php
clicking on the link to file a complaint, it states it may be as easy as a phone call. Although an email will show a record of the complaint.
Hopefully, Bullit is having some success with the AG
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Just going to add my experience here. Submitted for renewal on May 23. Saw this post afterwards, was going to monitor my renewal time, and life got in the way (busy with traveling for kids sports).
Realized today I hadn't gotten my renewal yet, so I called. The woman that answered the phone, Julie, said they had finalized it yesterday and I "should be getting something in the mail in the next few days."
Appears to be 52 days.
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Got mine last week also. I'd agree on the 45-50 days. Perhaps *barely* within the statutory requirement.
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So, I complained to the ombudsman office, and this is the last response I got from them, after emailing previously asking for more info from me.
I was able to hear back from my contact at State Patrol about the permit issue. I was told that applications are processed in the order they are received, and there has been an extraordinary surge in CHP applications and that with complications due to COVID, there is a high volume of new and renewal applications, resulting in longer processing times than normal. He provided me with two phone numbers to contact if someone has a question about the status of their application. People can call the front desk at 402-479-4971 and ask to speak to someone on the permits team. Or, you can contact the CHP supervisor Brittne Westerman at 402-479-4915 with any questions.
Going to wait a little while before I respond again, and try to remind the individual from ombudsman gently that the state patrol has 45 days to issue the permit, and they are operating outside of that. I don't typically do gentle, so this will take a while.
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So, as I was writing my response today, and doing some research, I came across this:
Nebraska Administrative Code, Title 272, Chapter 21, Nebraska State Patrol
Section 011, Renewal of Permits.
011.02 has this little gem (this is only part of the paragraph): The permit will be renewed and reissued within five (5) working days of receipt of the application for a five year period from the date of expiration of the initial permit.
Looks to me like anyone that has to wait over about a week for a renewal of a permit, the state patrol is violating their requirements.
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I had a student recently tell me she waited 61 days...she got her permit July 19
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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).
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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).
The 5 days I quoted was directly out of the administrative code that is linked on the NSP website. I was looking for the actual law to see how long they had, and couldn't find the revised statute, just that administrative code.
As for the ombudsman office, that is who I was emailing and complaining to. Several emails back and forth, and end result was essentially they are doing their best and nothing more the ombudsman's office can do.
As for state senator, ha ha ha ha.... I got Steve "lawyer backing red flag laws" Lathrop. I've contacted him in the past about several things, spent the most time on the red flags. Gotten nothing for the time.
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"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.
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"(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.
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Nebraska Administrative code chapter 21 section 11
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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.
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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.
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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.
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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.
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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.
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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.
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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?
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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!
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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
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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.
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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.
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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!
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Yes, that bill passed.
Ah, I must have mixed up my bills then. Thanks.