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Police Department Actively Delaying CPL Applications?

bobzilla05

bobzilla05

Regular Member
Joined
Apr 20, 2012
Messages
18
Location
Washington
Sharpender said:
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.
Click to expand...

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.
 
bmg50cal

bmg50cal

Regular Member
Joined
Jan 20, 2011
Messages
306
Location
WA - North Whidbey/ Deception Pass
There is a "nice lady" :rolleyes: 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. :p
 
N

New Daddy

Regular Member
Joined
Mar 21, 2009
Messages
123
Location
Seattle, Washington, USA
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.
 
amlevin

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
bmg50cal said:
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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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?
 
Bill Starks

Bill Starks

State Researcher
Joined
Dec 27, 2007
Messages
4,304
Location
Nortonville, KY, USA
so I talked to a lawyer today about this issue. To bring about the change, we need everyone who was delayed more than 30 days (across the state) to come forward and we start a case.
 
Sharpender

Sharpender

Regular Member
Joined
Sep 27, 2007
Messages
74
Location
University Place, Washington, USA
Sharpender said:
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.
Click to expand...

Just got my CPL in the mail today. 24 days.

Sent from my ASUS Transformer Pad TF700T using Tapatalk 2
 
X

XDNick9

Regular Member
Joined
Feb 26, 2013
Messages
49
Location
Bremerton/Ellensburg
tombrewster421 said:
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.
Click to expand...

I got my CPL from Kitsap County Sheriff's Office and it took 3 weeks exactly to process and receive mine. The Bremerton PD and Sheriff's office had stated that they were literally backed up on CPL applications so I dont think they will just "hand" it to you before you walk out the door.
 
T

Trigger Dr

Regular Member
Joined
Oct 3, 2007
Messages
2,760
Location
Wa, ,
When the CPL was a CWP ( 1977-1979 IIRC) the RCW provided a legal penalty against the issuing agency. Maybe time to revisit.
 
bobzilla05

bobzilla05

Regular Member
Joined
Apr 20, 2012
Messages
18
Location
Washington
Trigger Dr said:
When the CPL was a CWP ( 1977-1979 IIRC) the RCW provided a legal penalty against the issuing agency. Maybe time to revisit.
Click to expand...

How I see it, and how it is written into the RCWs, within the 30 days is a privilege, but 30+ is a lawful right for you to have that CPL. Any agency that refuses to issue on or after the thirtieth day is in direct violation of state law and should be held accountable.
 
D

Dave Workman

Regular Member
Joined
May 23, 2007
Messages
1,874
Location
, ,
Stretch said:
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.

Sent by Droid
Click to expand...


Likely close to the facts!
The applications for CPLs have been at record levels.
 
Thor80

Thor80

Regular Member
Joined
Jan 8, 2011
Messages
299
Location
Spokane County, WA
BigDave said:
While others are having issues around the State, my renewal in Yakima took a whopping 15-20 minutes....
Click to expand...

My renewal in Spokane only took like 10-20 minutes, but my buddy that went with me was told it would be 60-90 days for his "new application" CPL.....

-Thor
 
badkarma

badkarma

Regular Member
Joined
Jun 27, 2011
Messages
333
Location
Duvall, Washington
badkarma said:
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.
Click to expand...

To be clear. My BC was not done by the issuing agency so I expected it to take a week or 2 but I found out they received the confirmation in a week. Since they consider this a "Service" that the *MUST* do there is nothing positive that can happen by them sending it early. It came down to a mandatory delay so they don't set the expectation that it will happen sooner every time especially when they are really busy.
 
509rifas

509rifas

Regular Member
Joined
Mar 7, 2013
Messages
252
Location
Yakima County
Bill Starks said:
so I talked to a lawyer today about this issue. To bring about the change, we need everyone who was delayed more than 30 days (across the state) to come forward and we start a case.
Click to expand...

I don't think we need to, UNLESS, it was within the statutory time period to sue for damages, which is in three year at most from my understanding.

We CAN, however, create a template for a petition for a Writ of Mandamus for failure to issue a CPL within 30 days.

RCW 9.41.0975:
" (2) An application may be made to a court of competent jurisdiction for a writ of mandamus:

(a) Directing an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused;"

I actually looked up other writs of mandamus when I was denied and was in the process of cutting and pasting on the relevant sections when I was issue mine. I still have it somewhere. I can create a .doc document where someone can insert the relevant information in regards to an unlawful denial that they can submit to a superior court the morning of day 31.
 
bobzilla05

bobzilla05

Regular Member
Joined
Apr 20, 2012
Messages
18
Location
Washington
509rifas said:
-SNIP-
I actually looked up other writs of mandamus when I was denied and was in the process of cutting and pasting on the relevant sections when I was issue mine. I still have it somewhere. I can create a .doc document where someone can insert the relevant information in regards to an unlawful denial that they can submit to a superior court the morning of day 31.
Click to expand...

That would be extremely helpful for those unfortunate enough to be in the jurisdictions that are illegally delaying past the thirty days. Thank you.
 
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