Utah BCI Problems Issuing Concealed Firearm Permits
First the Utah Bureau of Criminal Identification (BCI or “the division”) was in violation of Utah Statute requiring that they “shall issue” a Concealed Firearm Permit as outlined in U.S.C 53-5-704(1)(a) “The division or its designated agent shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application, unless during the 60-day period the division finds proof that the applicant is not of good character.”
The BCI has already proven and admitted that they’re beyond the 60-day statutory window, and are now past to 81 days because they are “too busy” and “short staffed”.
The State isn’t doing anything other than “increasing the staffing” of the BCI to address this issue, and questions about whether it’s acceptable to submit one’s State Taxes 3-weeks past the due date because a tax payer is “too busy” or “short staffed” have gone unanswered.
The problems don’t stop there
One individual that SittingDuckPolicy.com interviewed told us that both he and his wife took their training course and submitted their applications at the same time. When they didn’t receive their permits after 77 days (17 days longer than allowed by law) they were told on multiple occasions that the BCI “no longer performs complimentary application status checks”.
Finally they received information about one of their permits: a woman 50 miles away had received it! The address and date-of-birth were incorrect, but the name and picture matched this individual’s wife. The woman mailed the permit to this individual who then contacted the BCI: the errors were due, again, to being “too busy” and “short staffed”. He supplied the correct information and was assured a replacement permit would be mailed.
The replacement arrived, this time with the correct address but still with the incorrect date of birth. He hasn’t yet contacted the BCI regarding this second permit.
We have to wonder how a proper background check can be completed with an incorrect address AND an incorrect date of birth!
As of this writing he has not yet received his own permit, the calendar still ticking off day after day beyond the 60 allowed by law. The Utah BCI still refuses to check on the status of his permit.
What should you do?
If you are similarly situated, please let us know!
Also, you should contact Jason Chapman, Supervisor, Concealed Firearms (Bureau of Criminal Identification, Utah Department of Public Safety) at +1 (801) 965-4445 Monday – Thursday.
Insist he check on the status of your permit, and ask why it is acceptable for a State Agency to violate State Law, ask what laws it is permissible for you to violate because you’re “too busy” or “short staffed”.
I actually contacted Mark Shurtleff yesterday regarding the amount of time that BCI is taking to process applications. Based on what I was told by BCI when I called them earlier this week, I'm looking at more than 120 days from the time that I turned in my application to the time that the permit eventually gets issued.
The law says “within 60 days after receiving an application”. BCI is saying that the time that elapses between your turning the application in and the time that they actually cash the check does not count towards the 60 days but the word receive is defined as “come into possession of” not “cash the check”. Given this logic, they are in even greater violation of the law than the 80+ days that they are claiming because they're taking 45 days to just cash the check indicating that they have “received” your application.
You bring up a great point in asking how accurate background checks can be completed when they're looking at incorrect information. Something needs to change quickly.
Changes in NV CCW reciprocity!!
From a USSC newsletter I just received:
Quote:
IMPORTANT NOTE FOR UTAH CONCEALED WEAPONS PERMIT HOLDERS- NO MORE NEVADA CARRY!
Nevada authorities have decided that Utah Concealed Weapon Permits will NOT, repeat NOT, be recognized in Nevada effective July 1, 2009.
Even though Nevada has recognized Utah permits for several years, they recently reviewed permits from all states and decided that they will no longer recognize permits from Utah or Florida. The excuses given are that Nevada law requires the other states permit requirements to be “substantially similar to” those of Nevada. However, since Utah does not require live fire to get a permit, Nevada will not longer recognize our permit. Florida permits are good for seven years, but Nevada permits are only good for five years, providing the excuse for dropping Florida.
The people involved with Nevada permits seem to include a few powerful members of the law enforcement community who are hostile to private citizens self defense rights.
Utah Shooting Sports Council and the National Rifle Association will continue to pursue actions to restore recognition of Utah permits by Nevada, but it may take several years and changes to the Nevada laws.
I just called BCI again to check the status of my application. I was told it's now a 4 1/2 month wait. I mentioned the fact that this is in violation of state law and the person on the phone laughed at me. I tried to get a more acceptable answer and was told “that's how it is”. They're not even allowing people to speak with supervisors, etc. I hate being subservient to a government that has zero respect for the rule of law.
I just contacted BCI and was told they are Processing April 23rds as of right now. I also told them about the law and how is it that they can break the law and we can't regardless of why we was breaking the law. I was told “We haven't been following that law for a year and a half.” They looked it up and told me I have about 2 more weeks to wait. So that is about 90 days from my check being cashed…. NOT FROM THEM RECIEVING MY APPLICATION LIKE THE LAW STATES. I also explained to the lady about the law and there is absolutly nothing in my background even juvinile. I have no tickets or been arrested or anything like that. I have went through BCI before on numberous things. It takes 2-5 days for the background check (if it's extensive) so why are they that far behind? I also know they were using an excuse of we don't have enough help….. They just hired people back in April. I did call Mark Shurtleff and was told there was nothing they could do. Just keep calling and bugging them. Why should I have the inconvience to take time out of my busy schedule and call and check like I am babysitting? Shouldn't my time be as important as anyone elses?