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Thread: Turn around time for CCW permit, what's been your experience?

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    Good morning,

    I've been lurking on this forum for several months now and have found the information and comments quite informative. I just submitted my application to DPS yesterday in person and was wondering for those of you who have received your permit what was the turn around time? Thank you in advance.

    donovan

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    took 8-9 weeks for turnaround on mine, but that was coming up 3 years ago-

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    When I dropped mine off they said 90 to 120 days... Thought that was a bit long considering that an NCIC and NM background check only a takes a few minutes to complete. I work for a law enforcement state gov't agency that process' quite a number of fingerprint cards along with an application that is perhaps 10 pages long. Or is their intent to make people wait to allow a "cooling" off period? So they just sit on the application for 85 days and then in the final week get all the processing complete? Ah nothing like a little bureaucracy...



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    N.M. Stat. Ann. § 29-19-6(A) requires DPS to act within 30 days, regardless of whether background checks are complete. N.M. Stat. Ann. § 29-19-5(D) reinforces this point, probiding that if the background checks take more than 30 days, DPS must issue the license anyway but may suspend or revoke the license if subsequently-received information shows the licensee to be disqualified from licensure.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    Thanks for the info, I'll have to take another look at the statutes and rules...



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    I applied for mine a year ago February. It took about 90 days. The 30 days is simply to take initial action. It will come. New Mexico is not know for it's bureaucratic efficiency.

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    WVCDL wrote:
    N.M. Stat. Ann. § 29-19-6(A) requires DPS to act within 30 days, regardless of whether background checks are complete. N.M. Stat. Ann. § 29-19-5(D) reinforces this point, probiding that if the background checks take more than 30 days, DPS must issue the license anyway but may suspend or revoke the license if subsequently-received information shows the licensee to be disqualified from licensure.
    Your reading of our law is incorrect. DPS has 30 following the completion of background checks to issue the license.



    Your reading of our law is incorrect. DPS has 30 days following the completion of background checks to issue the license.

    E. A state or local government agency shall comply with a request from the department pursuant to the Concealed Handgun Carry Act [29-19-1 NMSA 1978] within thirty days of the request.

    That means each state or local government agency contacted has 30 days to comply with the law. If, after that 30 day period, an agency finds disqualifying information on an applicant they have cleared, the license can be suspended or revoked.

    Our state law DOES NOT have any effect on the FBI or any other federal agency in their compliance.

    From the DPS FAQ's:

    Question: How long does it take to issue a license?

    [/b]Answer:[/b] On average, it takes approximately eight to twelve weeks to complete a background investigation before we can process the final license applications.

    Note that processing after the 8 to 12 weeks still has 30 days for them to issue the original license. Renewals are generally taking 3-5 weeks to receive licenses.


    Steve Aikens


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    Steve,

    I have read quite a few of your postings and have found them to be quite informative and the work you have done in Santa Fe regarding ccw permits is to be applauded. Although in this matter I believe that DPS is required to issue or deny a permit within 30 days of a completed application by both Statute and Rule.

    NEW MEXICO CONCEALED HANDGUN CARRY ACT OF 2003
    CHAPTER 29
    Law Enforcement
    ARTICLE 19
    Concealed Handgun Carry

    29-19-6. Appeal; license renewal; refresher firearms training course; suspension or revocation of license.
    A. Pursuant to rules adopted by the department, the department, within thirty days after receiving a completed application for a concealed handgun license and the results of a national criminal background check on the applicant, shall:
    (1) issue a concealed handgun license to an applicant; or
    (2) deny the application on the grounds that the applicant failed to qualify for a concealed handgun license pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].

    The operative word
    shall in the language of this statute is very clear, they are required to issue or deny a permit within 30 days of a completed application.
    This time period is further reinforced by Rule:

    TITLE 10 PUBLIC SAFETY AND LAW ENFORCEMENT
    CHAPTER 8 WEAPONS AND EXPLOSIVES
    PART 2 CARRYING CONCEALED HANDGUNS

    10.8.2.13 LICENSE APPLICATION REVIEW AND ISSUANCE:

    A. Time period for review. In accordance with Subsection A of NMSA 1978 Section 29-19-6, the department shall review the application, conduct a national criminal background check of each applicant, and make a determination within 30 days of the date the department receives a complete application and background check.

    B. Determination by department.
    (1) Approval. If the department finds that the applicant meets the requirements in the act and this rule for issuance of a license, the department shall issue a license.
    (2) Denial. If the department finds that the applicant does not meet the requirements for issuance of a license, the department shall issue an order of denial in accordance with 10.8.2.26 NMAC. The order of denial shall cite the particular requirements of the act or this rule that the applicant has failed to meet.

    In your reply to this thread you are correct in that any agency contacted by DPs has 30 days to respond, except Federal agencies... And DPS does reserve the right to revoke the issued permit if information is obtained that would disqualify an applicant even if the information is obtained outside of the 30 day window.

    As an employee of a different regulatory agency within State government we regularly review and update our rules that affect our licensee's permits based on the language in the statutes that are passed by the Legislature.

    As you have had quite a bit of face time with staff from DPS and others regarding ccw permits it would be interesting to ascertain their opinion as to why they state 90 days when they are required to meet a 30 day issuance...

    Thanks in Advance!




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    68jimmy wrote:
    Steve,

    I believe that DPS is required to issue or deny a permit within 30 days of a completed application by both Statute and Rule.

    29-19-6. Appeal; license renewal; refresher firearms training course; suspension or revocation of license.
    A. Pursuant to rules adopted by the department, the department, within thirty days after receiving a completed application for a concealed handgun license and the results of a national criminal background check on the applicant, shall:

    The operative word
    shall in the language of this statute is very clear, they are required to issue or deny a permit within 30 days of a completed application.
    That's incorrect. It states pretty clearly that time period is not relevant to the receipt of the application alone. It's after they receive the results of a national criminal background check.

    This time period is further reinforced by Rule:

    That says the same thing as above.

    In your reply to this thread you are correct in that any agency contacted by DPs has 30 days to respond, except Federal agencies... And DPS does reserve the right to revoke the issued permit if information is obtained that would disqualify an applicant even if the information is obtained outside of the 30 day window.

    As an employee of a different regulatory agency within State government we regularly review and update our rules that affect our licensee's permits based on the language in the statutes that are passed by the Legislature.

    As you have had quite a bit of face time with staff from DPS and others regarding ccw permits it would be interesting to ascertain their opinion as to why they state 90 days when they are required to meet a 30 day issuance...

    They're not required to meet a 30 day issuance from the time of application. Again, it's 30 days after they receive all the clearances and FBI Backgrounds. DPS is quoting an average response time for all agencies on their site.

    When we added that language in the House Judiciary Committee in 2005 [read it here] the underlined is the new language, our Legislative Intent was to hold DPS's feet to the fire in the time frames for issuing licenses because some licenses were taking far too long to be issued. Here's the [final version]. At that time, the demand for CHL's in NM was minimal at best with roughly 1200 licensees. That's all changed now with higher demand and over 17,000 licensees, due in part to the changes we've steadily been making for the better. Add to that now the entire country is seeing a surge in new applications and the FBI is behind the power curve. To improve on those clearance times, DPS has outsourced the clearance process and it has improved things but they do have 30 days AFTER the clearances. No state is going to issue a CCW or CHL until that applicant has cleared the background checks.

    I hope that clears the proceedure in your mind.

    Steve Aikens.




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    Steve,

    Thanks for the information. Like any statute they are hard to understand sometimes (even for attorneys) and realize what the intent of the legislature was at the time. It seems a but clearer now with your update.

    Thanks again.

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    My pleasure. Glad I could help clear it up for you.

    Steve Aikens

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    Well, its official. I picked up my permit yesterday at dps... It took just over 60 days from when I submitted my application. And there was quite the stack of envelopes that were ready for mailing not to mention the stack of new applications on the receptionist desk...

    I celebrated by going and doing a little shopping while carrying

    enjoy and be safe!

    donovan



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    Congratulations. 60 days is pretty decent for an original application.

    Steve Aikens

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    Hey there:

    Congratulations on getting your permit! I'm still waiting for mine (105 days out!) and have to say my experiences with the DPS have been nothing short of horrible.

    The people I've dealt with have been rude, seemingly disinterested in helping me or answering questions and apparently not too efficient.

    I'm still trying to figure out how a background check that should take no longer than a week if you're lagging, gets drug out so long.

    And to rub it in, a guy I took my ccw class with "knew someone" and got his within a couple of weeks. Of course, he couldn't help me because I wasn't known to anyone at DPS.

    Sorry, but this agency needs a serious overhaul.

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    nmgnr wrote:
    Hey there:

    Congratulations on getting your permit! I'm still waiting for mine (105 days out!) and have to say my experiences with the DPS have been nothing short of horrible.

    The people I've dealt with have been rude, seemingly disinterested in helping me or answering questions and apparently not too efficient.

    I'm still trying to figure out how a background check that should take no longer than a week if you're lagging, gets drug out so long.

    And to rub it in, a guy I took my ccw class with "knew someone" and got his within a couple of weeks. Of course, he couldn't help me because I wasn't known to anyone at DPS.

    Sorry, but this agency needs a serious overhaul.

    nmgnr - Pretty easy to come to a forum anonymously and level disingenuous comments against the department where they can't respond, isn't it.

    I'm going to reply to this only because I don't want anyone to even begin to believe this is how the CCU does business, and I want to make certain that no one else is ignorant enough to think background investigations shouldn't take longer than a week or that anyone at the CCU has the horsepower with Federal agencies it would take to get clearances back and issue an original license within a "couple of weeks".

    I know the people you are slandering personally, and have for years. There is absolutely no possibility your claim of them being rude is valid. Give me a name of the person you claim was rude to you. File a complaint with the Public Information Officer, Sgt Skasik - Suzanne.Skasik@state.nm.us - if you think you were treated with disrespect - and give HER a name.

    Timeframes for original licenses varies with a persons background. If you are someone that moved around a lot prior to your application, the local checks can take longer to receive because there are more agencies that need to be contacted. I know it will come as a shock to you, but yours isn't the only application the CCU has to deal with. They receive over a hundred applications a week - sometimes over 200 that - ***three people*** including the secretary that's answering your phone calls - have to handle, and you need to know that issuing licenses ins't the only thing they are required to do. Two of those three people are certified officers of the Department of Public Safety and as such are required to complete training and other law enforcement duties "in their spare time".

    Timeframes for renewal licensees is significantly shorter, generally running 2 to four weeks. If you had someone in a class you took that received a renewal license in "a couple of weeks", and you haven't gotten an original license returned in the same amount of time - that's possible because the renewal licensee has already been through the more thorough backgrounds.

    Your post is unbelievable at this point, and I believe there are a ton of details you're leaving out. If you have a founded complaint against the DPS CCU, you need to contact Sgt Skasik, as noted above. OR - you can contact me privately and give me some names and details and I'd be more than happy to file any founded complaint you may have.

    Just so you understand - the DPS CCU is REQUIRED to treat you with respect and courtesy, no matter how abusive and obnoxious you are to them.

    I, on the other hand, do not work for the DPS and have no such requirement. Unlike the DPS, I don't have to playgames or mince words with you.

    Steve Aikens

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    Steve, I'm relatively new to New Mexico. First, thanks for all you've done to promote reasonable handgun laws in this state. I, too, recently completed the CCW class and am waiting on my permit. My instructor filled us in on the staffing situation and basically told us to be patient and be happy, when the permit finally arrives.

    I've also heard, that due to the minimal staffing, the two year refresher "certificates" are being thrown in a box without any real tracking, which pretty much defeats the purpose. So, what do the numbers look like? I understand the permit/renewal fees are dedicated to running the program. What would it take to provide a more reasonable staffing level for the program and allow the staff to actually monitor the requirements? Are the permits being actively monitored? If an individual receives a DWI, say, does the department pull his permit?

    Any thought to eliminating/scaling backsome of the refresher course requirements and instituting some sort of annual permit fee? I understand that making this all too expensive will discourage individuals from getting their permits and thereby defeating the educational/licensing goals.

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    Welcome to NM. Kudos to your instructor for giving you the straigh poop on the "how long is it going to take" issue. It's no secret that the CCU has some staffing issues. It's an issue that's been a probem from the outset of the program for a number of reasons, not all of which are due to DPS management. License applications hit the CCU [Concealed Carry Unit] sporadically. One week they see 100, the next week they can see 300. There's no consistent number of applications week to week so it's really hard to determine the actual number of staffers it is going to take to handle the load.

    Also understand the problem is not completely in the hands of DPS. They have been meeting the Statute requirement of 30 days [and for the record - it's 30 working days - not calendar days] once the clearences are returned in 99 percent of the cases. There are naturally going to be some exceptions for numerous valid reasons but they're pretty good at getting them out.

    Tossed in a box?? Oh darn, just when I thought he was doing so well....<LOL>

    Staffing - see above. Permits are being monitored as actively as is reasonable. It takes time for the legal system to catch up with things like DWI/DUI convictions and move them through the system for action by other departments. Nothing in government or the legal system happens instantly.

    I have been trying for the past three legislative sessions to eliminate the 2-year refresher. There are other posts here that detail why it hasn't gotten done yet so I'm not going to type it all over again. Read through the NM posts and you'll find it.

    Steve Aikens

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    Just FYI

    I sent my NM CCW renewal in April 18, 2010.

    My $75 check cleared April 28, 2010.

    I still haven't received my CCW as of June 11, 2010.

    It wasn't clear to me whether renewal required birth certificate, as does initial application, so I sent it in just in case. It was returned promptly (before the check cleared) in the SASE I'd provided for `original documents' with a note that birth certificate was not required for renewal.

    Anyway, it's coming up on two months now.

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    Renewal Delays

    As noted, FBI clearances are delayed. I have a student that's been licensed from the first class, that just did a renewal. He sent his documentation in and received a return receipt on April 5th. I've made a couple calls for him and found the delay at the FBI. I recently gave him the number and suggested he call and ask about it. Here's his email on what he found out.

    Just heard from Jennifer ... she stated that my fingerprint checks are the holdup with the application process. She stated that mine were part of a group that had been submitted some time ago and none of that group has been completed. She said they had sent off a request this morning for a status report on that group and suggested that I call back in two weeks if I have not heard anything or received the permit by that time. She also stated that renewals will be given priority over first time applications when the necessary info is received.

    So as usual, I guess it's hurry up and wait. Thanks for your help with this ... and I appreciate Jennifer's time and help as well. She was very nice. At this point, I don't think the holdup is within the DPS agency processing, and I'm glad for that. I'd sure be steamed if they were dragging their feet. But it's still apparently not a very efficient process, eh? I'll let you know if I hear anything ....


    Steve Aikens

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    Another of the stupid things about our NM CCW laws. We are fortunate to have some good gun policies, but our CCW law was passed with these type of requirements due to the liberal-democrat legislature. The holdup at the FBI would not be necessary if we did not have to do fingerprints at renewal. Many states do not require this and it just delays our renewals. When was the last time your fingerprints changed?!?!? Having the fingerprints done at the initial licensing should be enough- keep them on file DPS!!! The renewal should be a slamdunk process with no fingerprints and minimal wait time for the new license.

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    Steve, maybe you can help here. What is stopping NM from allowing county sherriff's offices to take cc applications, like NV does? I have the distinct pleasure of applying in both states, and there's a few things about the NV process that NM could learn from. ( I rec'd my nv permit in 5 weeks). For example, they use electronic fingerprinting. It was simple, fast, and accurate! Not to mention much cleaner! They take your photo on the spot (NM uses your dmv pic now, which works too), and make sure you've got everything in order before you leave. It was a very positive experience overall. Oh! One last point, non Abq metro area residents also run the risk of losing critical original documents in the mail. I'd prefer not to trust that SASE!

    I hope to get my NM permit by Aug 1st (applied June 1st), excited - but I'm not holding my breath.

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    Please don't hold your breath...

    I'm a day or so short of three months waiting on a new (not renewal) permit. August 1 is probably a might optimistic, @linc. Earlier posts lead me to believe it would be about a three month wait. Later posts re the FBI background check holdup makes me think it will likely be longer.

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    Agreed.

    For comparison sake: I submitted my paperwork for a NV permit, and received it 1 month later, almost to the day. My bet is on the electronic fingerprinting. It *probably* helped expedite the FBI investigation process.

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    My wife finally recieved her's today after a 129 day wait,having to send photos in seperately because they claimed they couldn't acces the MVD photos, and dealing with no response two three inquiries and one rude encounter over the phone with the Dept.

    Complaint has been filed with the OIC.

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    129 Days?

    Quote Originally Posted by MDA_II View Post
    My wife finally recieved her's today after a 129 day wait,having to send photos in seperately because they claimed they couldn't acces the MVD photos, and dealing with no response two three inquiries and one rude encounter over the phone with the Dept.

    Complaint has been filed with the OIC.
    That puts me about the end of August. I understand the department is understaffed and the FBI is slow. One can get a passport in 4-6 weeks -- faster if you pay a fee to expedite. Oh, well...

    Out of curiousity, did you file a complaint based on the rude encounter, or the processing time?

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