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What happens if WA takes longer than 30 days to issue your CPL?

jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,005
Location
Central South Sound
Unfortunatly, the legislature created a loophole for them...

RCW 9.41.0975

Officials and agencies — Immunity, writ of mandamus.

(1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:


(d) For failing to issue a concealed pistol license or alien firearm license to a person eligible for such a license;

IANAL, but I read this a little differently...these local delays are not a "Failure" to issue (as in we're not going to do it) vs. doing it in a timely manner....

In the end it "es machs nichts", because no one here is actually going to take any action that will affect the process issue as opposed to "their" issue....you'll get them when they come.

Is it right?...no. Is it inconvienient?...yes. Legally do you have recourse? Maybe....Is the money or time you will spend worth the outcome? That depends on how much money you have.

After your CPL shows up, 60 days late, are you going to be willing to go the distance and continue to spend your $$ for all those other poor souls that are still waiting in all those other juridictions? You tell me....

Otherwise, this seems to be mostly raging against the system :cuss:

I take hope in the fact that the overall numbers of CPL holders are swelling and they care enough to show up and wait in a line for 2-3 hours to get started....late to the party maybe, but still showing up.

As a group, we complain a lot, debate a lot, learn a lot on sites like this individually,yell at each other way too much, have a few guys that show up and we claim local wins like Oak Harbor, and other local challenges like Spokane, Vancouver, Pierce County Parks, Wenatchee parks, testify a little as individual citizens with the expectation that a public hearing is actually going to change a legislators position, organize some events weekend rally's when no one in power is around to hear it, and wonder why we haven't moved the ball very well to our issues (IMHO).

Annual membership in SAF is $15.00....everybody signed up? Let's argue about the NRA agenda and $25 bucks.

It feels like we're a rocking chair on the porch...a lot of activity but not much progress...especially when I put it in persepctive to these stories...

http://seattletimes.com/html/localnews/2020439372_gungrassrootsxml.html

An eternity ago, there was a poll on this site asking a simple question...Should WA OC organize itself formally into a group and take up any of these issues or join in solidarity with other organized efforts....the response was less than encouraging...and the reasons less so....

Nick, can you find the discussion link? Maybe this time, the crisis is enough...the issues worth fighting against....or we can do what we have been doing and continue to rail into the wind and listen to the echo.
 
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OlGutshotWilly

Campaign Veteran
Joined
Jun 30, 2008
Messages
443
Location
Snohomish, WA, ,
38 days....

Received my renewal in 38 days. Considering some of the stories of much longer I suppose I should consider myself lucky. It is dated as issued at the 30 day mark, so I guess they can blame the US Postal Service for taking the extra 8 days..:rolleyes:

I would agree that it is good so many people are lining up to get theirs. That is good to see, and a positive note. As for renewals, my lesson is learned.......Piss Poor planning on my part does not constitute an emergency on their part.
 

badkarma

Regular Member
Joined
Jun 27, 2011
Messages
333
Location
Duvall, Washington
Apparently to answer the OP's question, that when your local yokels break the law absolutely nothing happens to them.

Exactly. That was my original point. Nothing will happen. You could take them to court, prove that them not following the law caused you some sort of financial impact and maybe, just maybe, they will award you some $ compensation and write a few training bulletins. But that is a long way to go to complain about not getting your CC permit in 30 days.

In addition, police departments consider the CC process a service that fits at the lowest priority. Just like a drivers license. They have to do it but there is no incentive to provide it in the fastest time possible or with great customer service. That is a fact and the nature of government. They wont get paid more. Their job is based on how many they issue and in what time frame.

So the bottom line is if you don't like it then file a suit and try to get them to improve. As of right now there is a requirement and they have no penalty if not followed.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Exactly. That was my original point. Nothing will happen. You could take them to court, prove that them not following the law caused you some sort of financial impact and maybe, just maybe, they will award you some $ compensation and write a few training bulletins. But that is a long way to go to complain about not getting your CC permit in 30 days.

In addition, police departments consider the CC process a service that fits at the lowest priority. Just like a drivers license. They have to do it but there is no incentive to provide it in the fastest time possible or with great customer service. That is a fact and the nature of government. They wont get paid more. Their job is based on how many they issue and in what time frame.

So the bottom line is if you don't like it then file a suit and try to get them to improve. As of right now there is a requirement and they have no penalty if not followed.

It doesn't surprise me at all though, the government and it's agencies break their own laws constantly without repercussion.

If it was done by competing private agencies, they'd have you in and out in 10 min., or how ever long the background check took. And we know for sure that if it was law they had to have it out within 30 days, that the government would be all over them with penalties for not complying.
 

badkarma

Regular Member
Joined
Jun 27, 2011
Messages
333
Location
Duvall, Washington
We should be able to charge the government(give back some of our own money) for every minute they go over a set time for each transaction. It is set by a civilian review board who goes through the process and identifies what is an appropriate amount of time. And the government can take it out of the employee's pay. And results in less money to the agency who fails.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
We should be able to charge the government(give back some of our own money) for every minute they go over a set time for each transaction. It is set by a civilian review board who goes through the process and identifies what is an appropriate amount of time. And the government can take it out of the employee's pay. And results in less money to the agency who fails.

We can dream right......;)

I wrote a letter to my local Sheriff about how the county facilities department was breaking the law with the backing of the prosecutor.....his reply back was he's the legal adviser so basically too bad.
 

Trigger Dr

Regular Member
Joined
Oct 3, 2007
Messages
2,760
Location
Wa, ,
Did he state where he got his law degree and when he was licensed after passing the BAR?
Back in the day when it was called a CWP, the RCW specifically provided for a civil suit against any agency that unlawfully denied or delayed issuance beyond the 30 day limit. This all changed when the CWP was changed to being a CPL.
 
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