Texas LTC process

[Texasgrillchef]

Does anyone know the inside workings of the LTC licensing process?

I ask this because...

on Feb 28th I got my fingerprints done, on March 13th they accepted my application and started the 60 day clock. All other application items were submitted prior to the fingerprints on Feb 28th.

On March 18th my girlfriend had her fingerprints done, along with two best friends of hers. Her application was accepted on the 19th, both of her friends were on the 19th.

On April 18th both her friends checked their applications online and it showed their LtC’s were mailed. my girlfriends wasn’t mailed until the 29th of April. We noticed online that hers was approved on or before the 27th of April waiting to be mailed. She received her LTC in the mail today.

I just checked, and mine is still pending review.

In the mean time. Have submitted not one but two back to back EForm 1’s to the ATF one on March 1, and another on March 25th and have been approved for both. Each only took 25 days.

So obviously Texas doesn’t process these application in the order they receive them, or they delay them for some reason.

I called the other day, and they informed me that there are no additional documents being requested from me or anyone else.

I do know the state has 60 days and up to 180 days for various delays. Short of them requesting documents from me or someone else. Yet no documentation has been requested from me or anyone else.

So I am wondering what the process is that they do for applications. I have also bought 4-5 guns in the mean time as well. All the background checks being approved. So it makes me wonder why the delay. Especially since my application was received prior to my girlfriend and her friends?

I wonder if one could file a request for information on the process under the freedom of information act.

 

[txinvestigator]

It is a 90 day clock from when they receive a completed application.

Lots of things can cause different time frames and delays. DPS physically sends an investigator into the county clerk offices where you have lived and worked. If a courthouse is closed due to COVID, that can cause a delay. FBI fingerprint checks can be delayed.

If you don't have a resolution by June 1stish you might start calling. You hit 90 days June 13.

They have 30 days to get your app to the field investigator, and 60 days from then to issue or deny.

 

[Texasgrillchef]

Well when I looked at the updated laws. A process is actually sort of spelled out.

1. The state department has 30 days to conduct an investigation.

2. a local designated designee is then sent your application and background information where they conduct a second background check with local records. They have 30 days to complete this and forward it back to the department with their recommendation for or against issuing of the ltc. Or ven neutral.

3. This results in 60 days. At which point they must either:

a. Issue the license
B. Deny the license and state the reason why.
C. Inform that they can’t issue the license and need up an additional 120 days to decide. (180 days total) They may request further documentation and/or certification for approval.

basically legally speaking they have 60 days to issue the license or notify you to why they are unable to do so in that time frame.

In regards to my application. It is obviously possibly still in the hands of the local designated designee, whoever that is.


Which leads me to wonder now if my local designated designee is the Lewisville city police, Denton County Sheriff, Denton County DA, or my local county constable precinct. Or someone else, as the law says someone appointed by the DPS director. It doesn’t specify that I had to be a government agency either.

The LTC website, as well as message on their phone system is “claiming” to say that the Covid-19 is not causing any delays in the application process, or with renewals.

Also the FBI has returned at least two fingerprint checks to the ATF for my eForm 1’s on building a SBR.

 

[txinvestigator]

Well when I looked at the updated laws. A process is actually sort of spelled out.

1. The state department has 30 days to conduct an investigation.

2. a local designated designee is then sent your application and background information where they conduct a second background check with local records. They have 30 days to complete this and forward it back to the department with their recommendation for or against issuing of the ltc. Or ven neutral.

3. This results in 60 days. At which point they must either:

a. Issue the license
B. Deny the license and state the reason why.
C. Inform that they can’t issue the license and need up an additional 120 days to decide. (180 days total) They may request further documentation and/or certification for approval.

basically legally speaking they have 60 days to issue the license or notify you to why they are unable to do so in that time frame.

In regards to my application. It is obviously possibly still in the hands of the local designated designee, whoever that is.


Which leads me to wonder now if my local designated designee is the Lewisville city police, Denton County Sheriff, Denton County DA, or my local county constable precinct. Or someone else, as the law says someone appointed by the DPS director. It doesn’t specify that I had to be a government agency either.

The LTC website, as well as message on their phone system is “claiming” to say that the Covid-19 is not causing any delays in the application process, or with renewals.

Also the FBI has returned at least two fingerprint checks to the ATF for my eForm 1’s on building a SBR.

It is 90 days. The local designee is a DPS employee. They used to have to use sworn Troopers, but several years ago the Admin code made it clear a non-sworn employee could conduct the background.

There is no state department in Texas. Let me help you;

Texas Government Code

Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) On receipt of application materials by the department at its Austin headquarters, the department shall conduct the appropriate criminal history record check of the applicant through its computerized criminal history system. Not later than the 30th day after the date the department receives the application materials, the department shall forward the materials to the director's designee in the geographical area of the applicant's residence so that the designee may conduct the investigation described by Subsection (b). For purposes of this section, the director's designee may be a noncommissioned employee of the department.

So once DPS receives the application they have 30 days to conduct a computer criminal history check and forward the materials to DPS employee in the geographical area where you live

TGC

Sec. 411.177. ISSUANCE OR DENIAL OF LICENSE. (a) The department shall issue a license to carry a handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials. The department shall administer the licensing procedures in good faith so that any applicant who meets all the eligibility requirements and submits all the application materials shall receive a license. The department may not deny an application on the basis of a capricious or arbitrary decision by the department.

(b) The department shall, not later than the 60th day after the date of the receipt by the director's designee of the completed application materials:

(1) issue the license;

(2) notify the applicant in writing that the application was denied:

(A) on the grounds that the applicant failed to qualify under the criteria listed in Section 411.172;

(B) based on the affidavit of the director's designee submitted to the department under Section 411.176(c); or

(C) based on the affidavit of the qualified handgun instructor submitted to the department under Section 411.188(k); or

(3) notify the applicant in writing that the department is unable to make a determination regarding the issuance or denial of a license to the applicant within the 60-day period prescribed by this subsection and include in that notification an explanation of the reason for the inability and an estimation of the amount of time the department will need to make the determination.

(c) Failure of the department to issue or deny a license for a period of more than 30 days after the department is required to act under Subsection (b) constitutes denial.

(d) A license issued under this subchapter is effective from the date of issuance.

So DPS has 30 days to get the app to the Designee. The department has 60 days from the date the designee receives the material to issue, deny or notify you they need more time.

30 days plus 60 days equals 90 days.



As a note, the Director of DPS can only give tasks to his own employees. No other agency is required to do his work.