imported post
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!