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).

[RedNeckson]

All right I have some more     :

I think it great to individually make calls and drop e-mails - but how many actually follow through?

And I mean NO DISRESPECT by this following statement:

But some of those people that are answering the phones at the N.S.P. have no power to really do anything other than to answer the phone and push paper -- A job that I could not do - I don't have the personality to do it.

This problem is going to continue to go on until a loud enough voice is heard to  the right people - This is a law and really is not up for discussion or debate.

I think it should be addressed as a hole collective, not just by those who are still waiting but also by anyone HAS who waited past the "Legally Defined waiting Period" both those as new applicants and also those who have put in for renewals. - And there are probably thousands in the state of Nebraska that meet this criteria .

The N.S.P. is not just a law enforcement agency but also a business that must be run like one, especially when it comes to staffing guidelines, They have been doing this long enough to know when the peak demands are going to be and need to hire accordingly - and by the way "They work for us not the other way around  - I paid them $100 to do a job for me !!.

If you put enough names together and anyone with any common sense take a look at it  - They have to agree that this problem is not just a isolated case but the norm that has been let continue to go on. --- One that violates a law that they are just as responsible to uphold.

All right I am done  - This what happens when I have time to think  - Thanks for listening - Neal

[just_me_mongo]

Neal,

I agree with you and think that you have some strong points.  I fully intend to follow though as I have made phone calls and I did send my first email to the Governor.

"But some of those people that are answering the phones at the N.S.P. have no power to really do anything other than to answer the phone and push paper -- A job that I could not do - I don't have the personality to do it."

I know that some of the employees do not have the power, but some also do.  I believe that they should be able to at least put someone in contact with a person of authoritative power.

"The N.S.P. is not just a law enforcement agency but also a business that must be run like one, especially when it comes to staffing guidelines, They have been doing this long enough to know when the peak demands are going to be and need to hire accordingly - and by the way "They work for us not the other way around  - I paid them $100 to do a job for me !!."

The N.S.P. is a law enforcement agency first and foremost.  I also believe that you are right, it is a business when it comes to our permits.  Even a business has an obligation to their clients.  Charging them and then not producing within a timely manner is unethical and in this case- against the law.  Even a business has certain laws to abide by.

I believe that the N.S.P. should be producing this permits the minute we sign our name on the line.  We run significant risks by not providing truthful information on the application- in fact- falsifying information is grounds for a felony charge.

If they are breaking the law- what is their consequence?  As of now- not a thing.

I personally am very frustrated because within the last year, I have underwent 3 background checks.

1.  I went through an ATF phone check while making a transaction in a pawn shop.  The ATF cleared me by phone in less than 60 seconds.

2.  I went through the process of a Douglas County Sheriff purchase permit/ background check.  That was done and over with in 15 minutes or so.

3.  I went through the Omaha Police Department to register my handguns (although they heckled me) it was done in about 15 minutes.

I am really curious to know what it is that the N.S.P. is doing that takes 45 days or more that the other entities did in 15 minutes or less?

I am just sharing my opinion & and I value yours as well. 

Thanks for listening.

[Poor Man]

send me your mailing address and I'll send a copy of my experience, w/ all the paperwork. 

[Poor Man]

most likely need my mailing address

Harold Cepel
2715 Lakota Roa
Gibbon, NE  68840

[AlanS]

Harold, did you have a positive outcome?

[bullit]

AlanS is correct...there is NO provision of for a "temprorary" permit.  One is to be issued at 45 days OR a letter informing the applicant why he/she has not received their permit.
With regards to complaints, I suggest contacting the Attorney General's Office.  Jon is the head Law Enforcement authority of this state.  He was made aware of the problem earlier this week for the first time, and was provided a number of examples of the problem.  That being said, I would recommend contacting his office on Monday.  Without going into more detail it will be rectified.

[omaharj]

I would think documenting the facts would help. Taking a notepad in with you when you go in, put down the time, who you spoke with, what their title is,what they said. Give them a copy of the statute and ask to speak with a supervisor, Get his name and title, what he says and what they are going to do. I would ask who the supervisor answers to and who they believe is ultimately responsible for producing permits.
  I understand this may be more than some are willing to do,especially alone. If there are two or three people who are over the 45 day limit,maybe they could meet up and go in together.  RJ  Best O'Luck!

[cruiser1947]

It's now been 53 days for me . I also emailed the governor a few days ago and have not received a reply. Pretty frustrating.

[Eagle1]

Just a thought here. I applied and received my permit a year ago and felt it was near a record time. I believe one day less than the stated minimum.
When did the delays start and does that coincide with the change of command at headquarters or at NW 12th. Perhaps that is where the trouble began and could end. We all know there are certain LEO's that hate conceal carry. Saying it may be an issue with command not staffing.
Just looked it up, 20 days to get mine last march.

[UPCrawfish]

I made application at the Omaha NSP unit Monday afternoon, April 2.  All paperwork was complete and met all requirements.  The young lady that worked the desk was polite and thorough. She asked if I would like to have any extra copies on the fingerprint card, which I asked for 2, and they were cheerfully provided. After all transactions were complete, she advised that the documents were being electronically transmitted to Lincoln as well as mailing originals and that I could expect to have my permit "in 45 working days".  I advised her that the statute clearly stated "45 days" nothing about "working days". Her demeaner quickly changed and I was advised that the person in Lincoln was busy and I would get my permit when she got to it.....
Calendar is marked for "45 days"...  We will see....      

[RedNeckson]

Mongo: Back at you - I agree with all you said.

1. I have nothing but respect for LE, I have a close friend who is  LE in Washington county and have done a tone of ride a long's with him. and absolutely the priority of the N.S.P. is law enforcement.

2. I agree that there are people who man the phones at the N.S.P. that have the authority to do things - Again there was no disrespect to anyone else - (I couldn't do their job)

3. I also went through all of the background checks for buyers permit, Renewal of buyers permit, numerous registered pistol's - None of which took very long. --- this is why I think the problem is higher up the ladder and is an administrative/staffing issue more than anything and is poor planning on the part of the person in charge or in follow through.  - there is no excuse for the amount of time it is taking - Not with the technology that is available, Its not like it was 50 years ago when there were no computers

Harold - I would be interested in your experience.

Bullit - Thanks for the contact name at the Attorney Generals office, I will be making a call Monday to add to the list.

I will be part of any collective input when asked or needed.

Thanks --- Neal

[Dan W]

Through the grapevine I have heard that there are many issues at the NSP and they do relate to the change in command at the top.

I received my renewal in 4 days last November, and I think the problems really started with the heavy renewal load on top of the vastly increased number of new applications.

If NSP had any competent management , they would have foreseen the need for increased staff levels.

If we had a pro freedom administrator and legal team at NSP, they would have responded by now. But if the rumors are true that the new leadership is anti CCW, they will only act when they are forced to do so.

Then I would expect the NSP to request relief in the form of amending the requirements for permit issuance next session

I think our best bet to get action is be the squeaky wheel... every applicant that is delayed needs to demand that they follow the law, and if they fail to respond, push the complaints up the chain to the Governor and the AG.

 

[Eagle1]

squeak squeak squeak

[RedNeckson]

After reading Eagle1"s post I have a question for Dan -- Are there any numbers available to correlate a large number of first time permits along with renewals that would point to delays resulting from under staffing?
 
What were the numbers like when Eagle1 got his permit processed? 

 I would hate to think that there would be someone in command that would be able to delay the process due to a difference in opinion.

"I think our best bet to get action is be the squeaky wheel... every applicant that is delayed needs to demand that they follow the law, and if they fail to respond, push the complaints up the chain to the Governor and the AG." ----- ABSOLUTELY -- And maybe as a collective also  - Looks real good on paper when you have that many people who have had the same issue - Points to a  problem that can't be ignored.

Dan - You were typing while I was - so some of my question you were answering - LOL


alright I am done for the night  ------ Neal

[Dan W]

I read it somewhere, maybe here in the forum, that the applications for the 1st quarter 2012 were greater than 2011 totals


found it

http://nebraskafirearms.org/forum/index.php/topic,5307.msg38959.html#msg38959