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Thread: Police Department Actively Delaying CPL Applications?

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    Regular Member bobzilla05's Avatar
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    Police Department Actively Delaying CPL Applications?

    I just came off the phone with a representative at the local Police Department in Kennewick regarding the time-frame of my CPL being issued to me, considering my record is spotless and they legally only have thirty days to provide a citizen with the license, as Washington is shall-issue (it is day 28).

    I was told by the woman who answered that the "[applications] have been taking the full thirty days" and have been "shipping on the thirtieth day." The only reason that I can see that it would be consistently taking exactly thirty days for them to ship (especially for people with spotless records) is that they finish the background check and then just hold it in limbo until the thirty days are just about up. Has anyone else noticed any issues with their PD delaying issuance of licensing?

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    Regular Member tombrewster421's Avatar
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    Police Department Actively Delaying CPL Applications?

    Yes this is normal practice in some jurisdictions. I believe that Spokane is actually backed up so bad right now that they've been taking 80 or 90 days. Not sure what recourse those that have been delayed will have but if the county gets away with it I wonder if more places will start breaking the law since they know nothing will come of it.

    On the other hand there are a few places like kitsap county that will sometimes hand you your permit before you walk out the door.
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    Regular Member Stretch's Avatar
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    Re: Police Department Actively Delaying CPL Applications?

    I would almost guarantee that the delays are not because they are "sitting on them", it has a lot to do with the amount of Cpl applications that have been submitted since 14 December. Some other agencies in the tri-cities are actually using trained volunteers to do the fingerprinting portion.

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    Regular Member bobzilla05's Avatar
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    Quote Originally Posted by Stretch View Post
    I would almost guarantee that the delays are not because they are "sitting on them", it has a lot to do with the amount of Cpl applications that have been submitted since 14 December. Some other agencies in the tri-cities are actually using trained volunteers to do the fingerprinting portion.

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    Well, thinking of it from the factual standpoint that this is directly through the PD, they have easy access to all citizen records. In just a regular traffic stop, an officer can radio in your Driver's License number and receive back whether or not you are a felon and/or barred from carrying a firearm WITHIN FIVE MINUTES. I see no reason for any delay requiring thirty days, and consistently EXACTLY thirty days at that.

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    Regular Member Stretch's Avatar
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    Quote Originally Posted by bobzilla05 View Post
    Well, thinking of it from the factual standpoint that this is directly through the PD, they have easy access to all citizen records. In just a regular traffic stop, an officer can radio in your Driver's License number and receive back whether or not you are a felon and/or barred from carrying a firearm WITHIN FIVE MINUTES. I see no reason for any delay requiring thirty days, and consistently EXACTLY thirty days at that.
    Yeah, not quite. The officer's computer doesn't have access to EVERYTHING.

    You fill out the form, pay your fee, get fingerprinted.

    Those forms and prints are sent to the State of Washington. The state checks for any mental health records, and runs your fingerprints. Then the local LEO has to verify any criminal history does not disqualify that person. Sorry to say, it isn't like a routine traffic stop.

    I am being told that the biggest delay for anything is usually the State. Now, that's not to say some agencies are delaying it for other reasons, but I can assure you that many of us in the TC area haven't had these problems prior to 14 Dec. 5-7 days was about it, but irregardless of what we want, the RCWs provide the agencies 30 days and if they take that long, so be it.

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    Regular Member badkarma's Avatar
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    I know for a fact they hold them at my local PD because they don't have any incentive to do anything fast. They get the BC back quick but they don't get paid more or improved performance review if they get them out early. It would be counter productive because then Everyone would expect it when they are really busy.
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    Regular Member amlevin's Avatar
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    My local PD actually sits on all NEW applications for the full 30 days as a matter of policy. Yes the law says they have to issue within 30 days and it also says that if a CPL is issued to someone who subsequently shouldn't have received on it has to be surrendered. The local PD has determined that by holding the full 30 days that makes it a lot easier if adverse info surfaces than to go looking for the person to collect the CPL.

    Renewals here merely get a records check and the renewal is mailed as soon as they get a return from WSP.

    For those jurisdictions that are holding beyond the 30 day period, they are in direct violation of the law but until someone gets a Court Order to compel them to issue, ????????????

    As I read the law there's no provision for "system overload".
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    Regular Member Dave_pro2a's Avatar
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    Quote Originally Posted by amlevin View Post
    For those jurisdictions that are holding beyond the 30 day period, they are in direct violation of the law but until someone gets a Court Order to compel them to issue

    Ahhh the sweet, sweet smell of irony. Institutions tasked with enforcing the law, willfully violating it.


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    Regular Member bmg50cal's Avatar
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    Since it is already compulsory to issue or deney the license within 30 days, the automatic issue of temporary "emergency" license on the eve of the 30th day should be required with forfeiture of the licensing fees to the applicant.

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    Regular Member F350's Avatar
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    Quote Originally Posted by Stretch View Post
    I would almost guarantee that the delays are not because they are "sitting on them", it has a lot to do with the amount of Cpl applications that have been submitted since 14 December. Some other agencies in the tri-cities are actually using trained volunteers to do the fingerprinting portion.

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    Regular Member Stretch's Avatar
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    Re: Police Department Actively Delaying CPL Applications?

    Quote Originally Posted by F350 View Post
    Interested in some southern Florida farm land???
    Something to add?

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    Regular Member hermannr's Avatar
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    If you want same day or next day service I guess you need to move to Kitsap or Okanogan Co.

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    Regular Member bobzilla05's Avatar
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    It appears that, should an agency not issue by the legal deadline, the only legal recourse provided by the lawbooks is the Writ of Mandamus to demand that said agency issue to you immediately, which I shall file promptly should they exceed the thirty days (tomorrow). It also appears, should I be reading this article correctly in RCW 64.36.225, that the defendant party, being the PD being issued the Writ, is responsible for any and all fees associated with the Writ, inclusing but not limited to the attorney fees.

    Edit to Add:
    tombrewster421, you should let everyone in Spokane applying for one to file Writs for their issuance. Enough attorney and court fees and that PD will get its butt in gear.
    Last edited by bobzilla05; 04-04-2013 at 07:45 PM.

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    Regular Member tombrewster421's Avatar
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    Police Department Actively Delaying CPL Applications?

    Quote Originally Posted by bobzilla05 View Post
    It appears that, should an agency not issue by the legal deadline, the only legal recourse provided by the lawbooks is the Writ of Mandamus to demand that said agency issue to you immediately, which I shall file promptly should they exceed the thirty days (tomorrow). It also appears, should I be reading this article correctly in RCW 64.36.225, that the defendant party, being the PD being issued the Writ, is responsible for any and all fees associated with the Writ, inclusing but not limited to the attorney fees.

    Edit to Add:
    tombrewster421, you should let everyone in Spokane applying for one to file Writs for their issuance. Enough attorney and court fees and that PD will get its butt in gear.
    Oh I'm not from Spokane I just read another thread that was talking about it.
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    Regular Member bobzilla05's Avatar
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    Quote Originally Posted by tombrewster421 View Post
    Oh I'm not from Spokane I just read another thread that was talking about it.


    Ah. Yeah, it seems like a lot of departments are trying to get away with this sort of thing. I think they would turn around pretty quickly being hit by tons of individual suits against them.

    UPDATE: CPL arrived, less than 24 hours under the deadline.
    Last edited by bobzilla05; 04-05-2013 at 12:17 AM.

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    Regular Member bmg50cal's Avatar
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    I don't think most people are going to use a writ because it is going to cost them more money.

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    Regular Member bobzilla05's Avatar
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    Quote Originally Posted by bmg50cal View Post
    I don't think most people are going to use a writ because it is going to cost them more money.
    Read RCW 64.36.225. It reads as if the defendant party is responsible for all associated costs, including attorney and court fees. So getting a Writ would cost only your time, which they would already be wasting by making you wait.

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    State Researcher Bill Starks's Avatar
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    LESA in Tacoma is sitting on the applications. I went in Jan 16th for my renewal, it arrived on Feb 12th. On my paperwork was the following info; application date 1/16, approval date: 1/17....USPS stamp was dated 2/11 and I received it on Feb 12th???

    A local gun shop has instituted a 14 day waiting period because the local agencies are taking over a month to return replies for gun purchases for those folks without CPL's.

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    Regular Member bmg50cal's Avatar
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    Quote Originally Posted by bobzilla05 View Post
    Read RCW 64.36.225. It reads as if the defendant party is responsible for all associated costs, including attorney and court fees. So getting a Writ would cost only your time, which they would already be wasting by making you wait.
    I'm not reading the RCW like that, maybe it is me.

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    Regular Member Sharpender's Avatar
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    Quote Originally Posted by Bill Starks View Post
    LESA in Tacoma is sitting on the applications. I went in Jan 16th for my renewal, it arrived on Feb 12th. On my paperwork was the following info; application date 1/16, approval date: 1/17....USPS stamp was dated 2/11 and I received it on Feb 12th???

    A local gun shop has instituted a 14 day waiting period because the local agencies are taking over a month to return replies for gun purchases for those folks without CPL's.
    I went in to LESA in Tacoma on 3/13 for my renewal. Would a friendly call asking on the status do anything to expedite? If it's just sitting there, can I go pick it up? If I carry my receipt from LESA with my expired CPL, am I legal? I'm thinking not, but I think I should be.
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    Regular Member bobzilla05's Avatar
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    Quote Originally Posted by Sharpender View Post
    I went in to LESA in Tacoma on 3/13 for my renewal. Would a friendly call asking on the status do anything to expedite? If it's just sitting there, can I go pick it up? If I carry my receipt from LESA with my expired CPL, am I legal? I'm thinking not, but I think I should be.
    A friendly call would do nothing to expedite. My call only resulted in them telling me to just wait. Going in and asking for it would also result in them telling you to wait, as they are not required by law to provide you with it upon your asking, so long as they are within their thirty day margin.
    You can try, by all means. More power to you if you do and succeed, but the likelihood is low.

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    Regular Member bmg50cal's Avatar
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    There is a "nice lady" in the Island County sheriff's office who gets real pissy if you walk in and ask about why it has taken more than 30 days. She spews all kinds of lovelyness and grace when you mention the RCW.

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    I renewed, the clerk here (who is generally a pretty good guy) said that they used to get them out in a week (my last one took 5 working days) but that with the "new" system of running them through mental health they were taking the full the 30 days. He said the delay was because Mental Health takes their time. I got mine on the 29th day. My wife got hers on day 26.

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    Regular Member amlevin's Avatar
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    Quote Originally Posted by bmg50cal View Post
    I don't think most people are going to use a writ because it is going to cost them more money.
    Not to mention the fact that in order to petition for a writ you have to be the injured party. So you go to the trouble and expense of getting the writ. The agency just issues your CPL immediately and then resumes the "stall". If I'm not mistaken, the next "injured party" has to obtain their own writ, and so on and so forth. I believe the only way to stop that would be for a Judge to issue an injunction against the practice and then hold the officials in contempt if they continue.

    For the REAL lawyers here, what are your thoughts?
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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by bmg50cal View Post
    There is a "nice lady" in the Island County sheriff's office who gets real pissy if you walk in and ask about why it has taken more than 30 days. She spews all kinds of lovelyness and grace when you mention the RCW.
    Record that.
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    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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