Processing of gun permits in the midst of a Govt. Shutdown

[Guest TNative]

I have a cousin that submitted his HCP application a week prior to the Govt. Shutdown, he/we wanted to know does the shutdown slow down the processing of HCP applications? Will he have to wait til the Government reopens to receive his HCP?

[Oh Shoot]

I have a cousin that submitted his HCP application a week prior to the Govt. Shutdown, he/we wanted to know does the shutdown slow down the processing of HCP applications? Will he have to wait til the Government reopens to receive his HCP?

 

Far as I know, HCP checks only go through FBI on federal level, and the NICS part is functioning, so I doubt it.

 

Seems only the NFA/FFL licensing part of ATF is down, firearm wise. But I admit I don't know for an absolute fact.

 

- OS

Edited October 10, 2013 by Oh Shoot

[Guest TNative]

Far as I know, HCP checks only go through FBI on federal level, and the NICS part is functioning, so I doubt it.

Seems only the NFA/FFL licensing part of ATF is down, firearm wise. But I admit I don't know for an absolute fact.

- OS

I was thinking the same thing, just wasn't sure which agencies were functioning firearm wise.

[Worriedman]

Here is what our Governor thinks, (confusion reigns as normal when it comes to a firearms issue, he is clueless)...

 

http://www.wkrn.com/story/23585448/haslam-government-shutdown-could-impact-handgun-permits

 

From the Gov.'s office:

 

 

Governor Bill Haslam's office said Tuesday the federal government shutdown could impact the issuance of handgun carry permits in Tennessee.

 

From the DOS:

 

 

A spokesperson with the Tennessee Department of Safety and Homeland Security told News 2 there has been no delay in the issuance of handgun carry permits so far, and none is expected.

[JayC]

TDOS must issue a permit within 90 days, there are no exceptions for not getting information back from a certain party.  Even if NICS went down, they would be required to issue the permit based on the information in front of them.

 

Our often mistaken governor doesn't know what he is talking about.

[monkeylizard]

JayC is right.

 

From TCA 39-17-1351

(L ) The department shall issue a permit to an applicant not prohibited from obtaining a permit under this section no later than ninety (90) days after the date the department receives the application. A permit issued prior to the department's receipt of the Tennessee and federal bureaus of investigation's criminal history record checks based upon the applicant's fingerprints shall be subject to immediate revocation if either record check reveals that the applicant is not eligible for a permit pursuant to the provisions of this section.

[Oh Shoot]

TDOS must issue a permit within 90 days, there are no exceptions for not getting information back from a certain party.  Even if NICS went down, they would be required to issue the permit based on the information in front of them.

 

Often said. However, I talked with Lisa Knight at a gunshow, and she said in spite of that, they never issue a permit until background checks are complete, period.

 

- OS

[monkeylizard]

I kind of wondered if the real-world was maybe a little different than the TCA.

[JayC]

Which is why we need criminal penalties for government employees who knowingly violate state law...  She would issue it, or a judge would order her to issue it.

 

And after 1 judge ruling that they had to issue it, they would start doing it for everybody.

 

Often said. However, I talked with Lisa Knight at a gunshow, and she said in spite of that, they never issue a permit until background checks are complete, period.

 

- OS

 

[monkeylizard]

I'd venture a guess that up until now, there probably hasn't been a case when the criminal checks took longer than 90 days, or very very few if there are some. I'd guess it has been far more likely that if one took >90 days it was because TDOS got more applications than they were staffed to handle and had to work through the back log.

[Oh Shoot]

I'd venture a guess that up until now, there probably hasn't been a case when the criminal checks took longer than 90 days, or very very few if there are some....

 

Mine was a few days over 90, and without repeated phone calls and emails would obviously have been quite a bit over. No explanation as to why beyond "background checks not completed". No glitches of final charges dispositions or anything like that I had to deal with, just mostly, "not sure why, I'll check into it" answers.

 

Lisa finally got involved personally when I emailed her a fairly hot email about how the last employee on phone had said "well, looks like you may miss the first 90 day cycle, so might be another 90 days"!

 

- OS

Edited October 10, 2013 by Oh Shoot

[Dolomite_supafly]

Far as I know, HCP checks only go through FBI on federal level, and the NICS part is functioning, so I doubt it.

 

Seems only the NFA/FFL licensing part of ATF is down, firearm wise. But I admit I don't know for an absolute fact.

 

- OS

I made a call to them yesterday to check on two Form 1's I have pending. I was told they could not tell me the status and that all processing was on hold because of the shutdown. Seems like a rpetty solid fact when it comes straight out of the horses mouth.

 

Anyone who wants to call can, their number is (304) 616-4500. Calling does not slow down the inspector, especially now.

[Oh Shoot]

I made a call to them yesterday to check on two Form 1's I have pending. I was told they could not tell me the status and that all processing was on hold because of the shutdown. Seems like a rpetty solid fact when it comes straight out of the horses mouth.

 

Anyone who wants to call can, their number is (304) 616-4500. Calling does not slow down the inspector, especially now.

 

Perhaps clumsy sentence structure, meant I didn't know it was a fact that FBI checks have not been affected for HCPs, which apparently they have not been. I knew the ATF section is down.

 

- OS