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Thread: 100 days still no license

  1. #1
    Regular Member REDDIRT's Avatar
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    100 days still no license

    I'm starting to get worried I'm not going to get my ccl license my wife did hers on the same day and got hers a month ago.and her paper from Osbi she got 3 weeks after she got her license.i think I did not put down about a few hot checks I had as a kid and my x wife put 2 restraining orders on me then took them off before court that I didn't put on my app should I be worried I'm not going to get it I know they have 114 days in Oklahoma I have 13 days then what ?

  2. #2
    Regular Member okiebryan's Avatar
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    First things first, call your county sheriff and make sure they don't have it. I know it's supposed to get sent directly to you, but if they finished it before Nov 1, it likely was sent to your county sheriff.

    Then if they don't have it, I'd call OSBI... (405) 848-6724 ...and ask to speak to someone in the Handgun Licensing division. Tell them about your wife getting hers, but yours is a no show. See what they tell you.

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    Yours sounds like mine

    I waited and waited along with calling OSBI numerous times. Each time I called I was told the same thing, its being processed. My brother in law filed for her several months after I filed mine and had already received his back. I stll hadnt received mine. Then after almost a year I finally received a letter from OSBI. I was denied because I failed to list one arrest. The arrest I failed to list was dismissed and thrown out of court before I ever went to court, but sin e I failed to list it I was automatically denied. I resubmitted it only listing that arrest and received it within 2 months. Since the arrest was dismissed and thrown out before I ever went to court I didn't think it needed to be listed but I found out differently at great expense.

  4. #4
    Regular Member REDDIRT's Avatar
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    100 days still no license

    Ya I listed all my arrest and speeding tickets i have a buddy that did his the same day I did mine I think wife got hers fast because she had no record mabe one speeding ticket I will try and call tommorow I know they will tell me they got till 114 days hangout intell then

  5. #5
    Regular Member donsadlerjr's Avatar
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    I hope they are not backed up because my wife and I turned ours in 3 weeks ago.

  6. #6
    Regular Member REDDIRT's Avatar
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    100 days still no license

    I'm sure she will get hers first don't look for the mail she got the call from sheriff office then 3 weeks later she got the letter.me and my buddy still nothing tommorow will be 103 days his record was a lot cleaner than mine so I still have hope I didn't forget something stupid on my app .my uncle got his in less than 90 days 3 months back

  7. #7
    Regular Member REDDIRT's Avatar
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    100 days still no license

    Well this is what I found out. After i called osbi today .Your file has been placed in research status due to prior charges that appeared on your record when we received your fingerprint results. It is impossible to predict what the outcome will be. Due to the number of applications waiting for research it could be awhile. The files placed in research are on a "first in, first out" basis and there are quite a number of files needing research that are older than yours. Please know that we are working hard to complete all of these files. If you have any documentation regarding any of the charges found in your background, please forward them to us via FAX, mail, or scan and email them.

    Please give us at least 8 to 10 weeks and if you have not heard anything by then, feel free to give an email or call.

    Thank you,


    Oklahoma State Bureau of Investigation - SDA Unit

  8. #8
    Regular Member donsadlerjr's Avatar
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    100 days still no license

    I am wondering how long it is going to take for me to get mine. Turned mine in on 10/13. So almost a month. I know that Sherifs have 14 days to get to OSBI. Then that makes it I guess OSBI Has had it 15 days or so. So guess that is not as bad as I feel it is.

  9. #9
    Regular Member REDDIRT's Avatar
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    100 days still no license

    If you have a very clean record you will get it back soon around 70 days or so wife got hers back 76days.now they send your permit to your house not sheriff so I less thing to go thew.i have been arrested for hot check and unlawful carry in Texas 10 years ago because of that mine made it in the research basket .more likely I won't get mine but wife has hers so I'm always by a pistol traveling anyways

  10. #10
    Regular Member REDDIRT's Avatar
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    100 days still no license

    Oh and I live in Lawton and sheriff office took 20days plus say 5 days mail so now you have 90 days to go mabe could be longer there in no hurry I thought they had only so many days but its what they want and when

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    Actually, the SO has 14 days for their part of the processing...local checks. Then it goes to the OSBI, and THAT is when the time starts. As the SDA states, the OSBI is SUPPOSED to issue within 60 days of recieving the application, unless something shows up that needs more research, in which case they (OSBI) has a total of 90 days. If at the end of that time they do not have the research finished, they are (as per the SDA) required to grant the license, and continue checking. IF, after further processing, they find that the license should not have been issued, it is to be revoked. In any case, the SDA states that the license is to be sent to you via First Class Mail.

    Of course, just because the law states it this way doesn't mean the OSBI/SO are actually FOLLOWING the law.

    In my case, however, things couldn't have gone better. Turned in the app at the Oklahoma County SO on 9-27. I decided to pay the OSBI fee via my card, and they ran that 14 days later. Today (11-10) I had a letter from the OSBI stating I was approved, and my license was included. I was, however, expecting it to take longer, as they mentioned at the SDA class that the current backlog was taking about 120 days.

    Okay, things could have gone better by not even having to apply to carry (Constitutional carry states, I envy you), but given the restraints we have in OK, I think it went well for me.

  12. #12
    Regular Member okiebryan's Avatar
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    Reddirt, if you can get the records from those counties showing that your arrests resulted in dismissals, and get those documents to OSBI, it could speed up the process somewhat.

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    excessive issue time

    Quote Originally Posted by Mixael View Post
    Actually, the SO has 14 days for their part of the processing...local checks. Then it goes to the OSBI, and THAT is when the time starts. As the SDA states, the OSBI is SUPPOSED to issue within 60 days of recieving the application, unless something shows up that needs more research, in which case they (OSBI) has a total of 90 days. If at the end of that time they do not have the research finished, they are (as per the SDA) required to grant the license, and continue checking. IF, after further processing, they find that the license should not have been issued, it is to be revoked. In any case, the SDA states that the license is to be sent to you via First Class Mail.

    Of course, just because the law states it this way doesn't mean the OSBI/SO are actually FOLLOWING the law.
    So, force their hand !

    If your license is not granted within the time specified by statute, and it has not been denied, apparently, OSBI is REQUIRED to issue the license. A registered letter to OSBI, with a copy to the State Attorney General, citing the statute and demanding that they comply with the law and immediately issue your license, should get their attention. If they want to revoke it later for cause, so be it, but the statute says what the statute says.

    Citizens are expected to follow the law. Government should be expected to do no less.

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    7 months

    I'm coming close to 7 months, where in the SDA does it say that they have to issue in 90 days?

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    Quote Originally Posted by Westside View Post
    I'm coming close to 7 months, where in the SDA does it say that they have to issue in 90 days?
    Quote Originally Posted by Title 21, Section 1290.2 Section A, Subsection 12
    If the background check set forth in paragraph 11 of this subsection reveals no records pertaining to the applicant, the Oklahoma State Bureau of Investigation shall either issue a handgun license or deny the application within sixty (60) days of the date of receipt of the applicant's completed application and the required information from the sheriff. In all other cases, the Oklahoma State Bureau of Investigation shall either issue a handgun license or deny the application within ninety (90) days of the date of the receipt of the applicant's completed application and the required information from the sheriff. The Bureau shall approve an applicant who appears to be in full compliance with the provisions of the Oklahoma Self-Defense Act, if completion of the federal fingerprint search is the only reason for delay of the issuance of the handgun license to that applicant. Upon receipt of the federal fingerprint search information, if the Bureau receives information which precludes the person from having a handgun license, the Bureau shall revoke the handgun license previously issued to the applicant. The Bureau shall deny a license when the applicant fails to properly complete the application form or application process or is determined not to be eligible as specified by the provisions of Section 1290.9, 1290.10 or 1290.11 of this title. The Bureau shall approve an application in all other cases. If an application is denied, the Bureau shall notify the applicant in writing of its decision. The notification shall state the grounds for the denial and inform the applicant of the right to an appeal as may be provided by the provisions of the Administrative Procedures Act. All notices of denial shall be mailed by first class mail to the address of the applicant listed in the application. Within sixty (60) calendar days from the date of mailing a denial of application to an applicant, the applicant shall notify the Bureau in writing of the intent to appeal the decision of denial or the right of the applicant to appeal shall be deemed waived. Any administrative hearing on a denial which may be provided shall be conducted by a hearing examiner appointed by the Bureau. The decision of the hearing examiner shall be a final decision appealable to a district court in accordance with the Administrative Procedures Act. When an application is approved, the Bureau shall issue the license and shall mail the license by first-class mail to the address of the applicant listed in the application.
    http://www.oscn.net/applications/osc...?CiteID=440212
    I am not a lawyer and nothing I say should be accepted as legal advice

  16. #16
    Regular Member REDDIRT's Avatar
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    100 days still no license

    Have you email them I did and got 2 emails back that said around the same thing if you have a record it takes longer to investigate each report before the issue the permit is what they told me

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    The problem is there are no teeth in the law so when OSBI takes longer than 90 days, they face no penalties.

    I think OK2A may try to get a bill run that will add some penalties to OSBI if they fail to issue a license within the given time frames.
    I am not a lawyer and nothing I say should be accepted as legal advice

  18. #18
    Regular Member donsadlerjr's Avatar
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    I just emailed them for my status.
    They Said
    " We have received your application on 10/3. Your application is currently still in progress. Normal Processing time for this time of year is running 45 to 60 days. You should have it soon."

    So Good to know.

  19. #19
    Regular Member REDDIRT's Avatar
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    100 days still no license

    They have had my for 80days mabe i will have it in the next few weeks I will go crazy if they leave me hanging for another 80 days.
    Last edited by REDDIRT; 11-14-2012 at 11:54 PM.

  20. #20
    Regular Member REDDIRT's Avatar
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    100 days still no license

    Well my budddy got his permit today after 113 days and we sent it off on the same day.so I'm thinking in the next few weeks I should know something Dam it's a long time aug.1 is when they were sent off

  21. #21
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    I'm in the same boat...sent my application in mid-April! The delay is because of a misdemeanor charge from 33 YEARS AGO! The charge was expunged from my record, and I have no paperwork to send in. Here's the reply I got this week from my latest email:

    It is impossible to predict what the outcome will be and due to the number of applications waiting for research it could still be awhile. The files placed in research are on a “first in, first out” basis and there are quite a number of files needing research that are older than yours. Please know that we are working hard to complete all of these files. Please give us at least 4 to 6 weeks and if you have not heard anything by then, feel free to give an email or call.

    I'm about to give up.

  22. #22
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    OSBI has 90 days to act - one way or the other

    The OSBI is required to either approve or deny your license within 90 days from when they receive the application material from the Sheriff (21 O.S. 1290-12(A)(12)). If you don't want to call OSBI immediately, you can estimate that date if the Sheriff will tell you when they sent it.

    If you're getting up around 90 days from when you submitted it to the Sheriff, and haven't heard anything, or if you know for a fact that OSBI has had it for over 90 days, here’s my suggested letter to the Oklahoma Attorney General, Scott Pruitt:

    xxxxxxxxx

    Mr. Attorney General,

    I am writing you in order to solicit the assistance of your office, in connection with the apparent failure of the Oklahoma State Bureau of Investigation (OSBI) to comply with the directives of the Oklahoma Legislature, with respect to their duties as set forth in the Oklahoma Self-Defense Act (SDA). Specifically, the OSBI is failing to either deny or approve applications for Oklahoma Concealed Handgun Licenses (CHL’s) within 90 days of their receipt of the application material, as required by Oklahoma statute. Such failure is not authorized by Oklahoma statute, and is contrary to law.

    On (insert date here), I submitted a properly completed application for an Oklahoma Concealed Handgun License to (to whom ?) by (insert how it was submitted – registered mail, etc.). (Insert any additional details necessary to establish a complete timeline of your application process, particularly the date the OSBI received it, and how you know when they received it.)

    On (insert date here), which was (XXX) days after the OSBI received my application material, I contacted the OSBI to inquire as to the status of my application. I was informed by OSBI employee (insert name here) by (phone, e-mail, letter, etc.) that (insert what you were told, when the app was expected to be processed, etc.).

    The result of this is that, some (XXX) days after the OSBI received my application material from Sheriff (XXXX), my application has been neither approved nor denied by the OSBI. This is in contravention of Oklahoma statute, and is contrary to the clear mandate of the Oklahoma Legislature.

    (If you have been personally informed of any other applicants whose applications have been similarly delayed, you may choose to make reference to those instances as well, using names only with permission, of course.)

    Like all state agencies, the OSBI has only that specific authority granted to it by the Oklahoma Legislature. Oklahoma Statutes set forth the authority of the OSBI in connection with applications for CHL’s:

    21 O.S. 1290.12 (A):

    12. The Oklahoma State Bureau of Investigation shall either issue a concealed handgun license or deny the application within ninety (90) days of the date of receipt of the required information from the sheriff. The Bureau shall approve an applicant who appears to be in full compliance with the provisions of the Oklahoma Self-Defense Act, if completion of the federal fingerprint search is the only reason for delay of the issuance of the handgun license to that applicant. Upon receipt of the federal fingerprint search information, if the Bureau receives information which precludes the person from having a concealed handgun license, the Bureau shall revoke the concealed handgun license previously issued to the applicant. The Bureau shall deny a license when the applicant fails to properly complete the application form or application process or is determined not to be eligible as specified by the provisions of Section 1290.9, 1290.10 or 1290.11 of this title. The Bureau shall approve an application in all other cases.

    (Emphasis added)

    The above statutory provision is very clear. The OSBI has 90 days from the date it received the application material from the sheriff to “either issue a concealed handgun license or deny the application”. This is not in any manner discretionary on the part of the OSBI – the 90-day period is mandatory (‘SHALL either issue…or deny”).

    Furthermore, the statute does NOT authorize the OSBI to deny an application simply because it could not timely process the application within the specified 90-day period. The OSBI may only deny the application if it receives information precluding the applicant from being issued a CHL. If the process is not completed within 90 days of receiving the application material from the sheriff, the statute directs the OSBI to issue the license, and provides the OSBI may revoke it if the OSBI receives information which, if known, would have precluded the applicant from having a CHL (“…the [OSBI] shall approve an application in all other cases”).

    The OSBI may be under a mistaken impression that it is somehow entitled under law to ignore the Oklahoma Legislature’s 90-day time limit imposed upon them under 21 O.S. 1290-12(A)(12), and that it may issue or deny such applications in their own good time. The Legislature made very clear the limited authority of the OSBI in this respect:

    §21-1290.3 - AUTHORITY TO ISSUE LICENSE

    The Oklahoma State Bureau of Investigation is hereby authorized to license an eligible person to carry a concealed handgun as provided by the provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of this act. The Bureau's authority shall be limited to the provisions specifically provided in the Oklahoma Self-Defense Act. The Bureau shall promulgate rules, forms and procedures necessary to implement the provisions of the Oklahoma Self-Defense Act.


    (Emphasis added)

    21 O.S. 1290-3 makes clear that the OSBI’s authority with respect to CHL applications is limited to those specific provisions in the Oklahoma Self-Defense Act. No provision of that act permits the OSBI to exceed the statutory 90-day restriction contained in 21 O.S. 1290-12(A)(12). Therefore, by law, the OSBI MUST either approve or deny an application no later than 90 days after receipt of the application from the Sheriff, subject of course to later revocation if negative information is obtained.

    Your office’s website contains the following quote:

    “…Establishing and respecting the Rule of Law is a hallmark of Attorney General Pruitt’s administration….”.

    I am asking that your office encourage the OSBI to similarly respect the Rule of Law, as set forth by the Oklahoma Legislature, and that they establish procedures, as required by 21 O.S. 1290-3, which will insure that the will of the Legislature is followed, and that all Oklahoma CHL applications are either denied or approved “…within ninety (90) days of the date of receipt of the required information from the sheriff…”. The job of the OSBI is to carry out its duties, as those duties are prescribed and limited by the Oklahoma Legislature. Their current actions are beyond the scope of the authority provided them under law.

    I thank you in advance for your assistance. Please feel free to contact me for any additional information you may require.

    Xxxxx

    I would suggest you also copy this letter to your state legislators, and ask them to follow up with the A.G. and the OSBI.

    If any Oklahoma resident has any corrections or observations to make about my suggested correspondence, by all means, weigh in. However, the statute seems pretty clear to me, and my guess is the OSBI, just like any other governmental agency, will keep on delaying as long as they are permitted to get away with it. I can understand they are busy – lots of law-abiding folks want their CHL these days. However, the statute says what it says. They have to act within 90 days. Period. If they can't process it within 90 days of receipt, they have to issue it. They can always revoke it later if they find they should not have issued it in the first place. At least, that's my take on things.....



    NOTHING CONTAINED IN THIS POST SHOULD BE INTERPRETED AS CONSTITUTING LEGAL ADVICE

  23. #23
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    The above statutory provision is very clear.

    Yes, and so is the law regarding timelines set forth by the legislature ... the timeline is not mandatory. If you believe that the time is too long then you need to file a writ in court to get a court to order them to give you a license (or result); but its doubtful you'll get such an order. In my state .. 22 months was not seen as being excessive & we have tighter timeline requirements.

    So you need the law to be changed to something like: ..has 90 days to gather facts and issue a denial or provide the applicant with a permit if the applicant has not been shown not to be eligible

    Writing a letter to the AG? Nowhere...it will go. You are getting yourself into a tizzy because you don't know that the 90 day requirement is not a mandatory one...relax, its not mandatory. Not happy? File a writ in court or have the law changed.

    Here's a hint: if a law says something must be done by time .. but does not have a penalty noted for not doing it by that time .. then its more likely than not to be a non-mandatory provision...

  24. #24
    Regular Member donsadlerjr's Avatar
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    100 days still no license

    So I emailed them about June and they said everything is fine and all checks are back and I should be getting my approval letter in the mail to go to okla county sheriffs on shartel and pick it up soon. That was nov 11. I found a number of 713-1919 to call and see if I am on a list for pick up. Thinking about just calling them even that I have not gotten the letter. Or are they mailing the lic's to the homes now?

  25. #25
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    Here's a hint

    Quote Originally Posted by davidmcbeth View Post
    The above statutory provision is very clear.

    Yes, and so is the law regarding timelines set forth by the legislature ... the timeline is not mandatory. If you believe that the time is too long then you need to file a writ in court to get a court to order them to give you a license (or result); but its doubtful you'll get such an order. In my state .. 22 months was not seen as being excessive & we have tighter timeline requirements.

    So you need the law to be changed to something like: ..has 90 days to gather facts and issue a denial or provide the applicant with a permit if the applicant has not been shown not to be eligible

    Writing a letter to the AG? Nowhere...it will go. You are getting yourself into a tizzy because you don't know that the 90 day requirement is not a mandatory one...relax, its not mandatory. Not happy? File a writ in court or have the law changed.

    Here's a hint: if a law says something must be done by time .. but does not have a penalty noted for not doing it by that time .. then its more likely than not to be a non-mandatory provision...
    Here's a hint for you - if the statute says "shall", it's mandatory. The lack of a penalty only means it's not a criminal offense. It doesn't make it any less mandatory under law, possibly opening up allegations of malfeasance or misfeasance in office.

    As to the chance of success with a complaint - I can guarantee you that if nobody complains, nothing will be done. Promise that much, I can.

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