Issue or deny in sixty days. Should legislature address this?

[MLR]

12. If the background check set forth in subsection paragraph 11 of this section subsection reveals no records pertaining to the applicant, the Oklahoma State Bureau of Investigation shall either issue a concealed handgun license or deny the application within sixty (60) days of the date of receipt of the applicant's completed application and the required information from the sheriff.
In all other cases, the Oklahoma State Bureau of Investigation shall either issue a concealed handgun license or deny the application within ninety (90) days of the date of the receipt of the applicant's completed application and the required information from the sheriff. The Bureau shall approve an applicant who appears to be in full compliance with the provisions of the Oklahoma Self-Defense Act, if completion of the federal fingerprint search is the only reason for delay of the issuance of the handgun license to that applicant. Upon receipt of the federal fingerprint search information, if the Bureau receives information which precludes the person from having a concealed handgun license, the Bureau shall revoke the concealed handgun license previously issued to the applicant.

To me it is clear that the legislature intended for the permits to be either be approved or denied within the time limits specified. They are given the power if a mistake has been made to revoke the license of anyone incorrectly issued one. There was nothing in the law that would allow the different agencies to claim that they did not have time to preform their duty. The law as written clearly states that the permit will be issued or denied for just cause within the time limits specified. It makes it very clear what the issuing agency id required to do if they run out of time. Issue or deny. They were not given the power to refuse to act.

Is this some that need to be taken to court? It seems that the agencies responsible are in clear violation of the law.

Would you good folks be so kind as to join me in calling your State Senators, Congressmen and the Governor and letting them know your feelings? Seems to me if we succedded in getting concealed carry and now open carry laws passed this little problem should be a snap.

Lets all call our Reps about this now!

Michael

 

[Werewolf]

To the best of my knowledge a citizen's only legal recourse in the event that a government agency or agent fails to perform their duty as prescribed by law is to go to court and get a writ of mandamus. The writ orders the agent or agency to do what the law says they must do.

Failure to comply is contempt of court.

Writ of Mandamus

I remember reading about this being done in NY against a Sheriff about 10 years back. The writ was issued, the Sheriff basically thumbed his nose at the court and that was the end of that.

One imagines that exactly the same thing would happen in Oklahoma.

 

[MLR]

I wonder why this sort of legal action has not been taken before? Or if it has is it a one time covers all action or does it only cover the person who takes the action?
I know that there are others like me on fixed or low incomes who might not have the necessary funds to hire a lawyer if this is our only course of action. Calling and writing on the other hand is cheaper and can be done repeatedly until the you are heard.

If the legal action you mention would apply to this problem maybe we need to set up a test case to force their hand. There are way to many people out there waiting for the Government to meet its obligation as specified under the law.

Until legal action is taken we still need to call and write. IAs I mentioned earlier we got the carry laws passed. This should be simple compared to that. Call and write your Reps!.

Michael

 

[berettaman]

To the best of my knowledge a citizen's only legal recourse in the event that a government agency or agent fails to perform their duty as prescribed by law is to go to court and get a writ of mandamus. The writ orders the agent or agency to do what the law says they must do.

Failure to comply is contempt of court.

Writ of Mandamus

I remember reading about this being done in NY against a Sheriff about 10 years back. The writ was issued, the Sheriff basically thumbed his nose at the court and that was the end of that.

One imagines that exactly the same thing would happen in Oklahoma.

You first have to get the offending agency to agree to be taken to court.

 

[Werewolf]

You first have to get the offending agency to agree to be taken to court.

Possibly - at the federal level?

Not at the state level.

 

[MLR]

It seems that the ongoing thread discussing people still waiting for their license shows that the State have been violating the law when it relates to the shall issue or deny portions of the law. They also seem to believe that they have ninety days instead of sixty if they have found no definite reason to deny in that time. Has there ever been legal action taken by anyone who did not receive either a permit or issued a denial within the time limits imposed on the issuing agencies by the law?

Am I wrong to assume that the statement in the law saying the permit must be either issued or denied withing the time period specified negates any reasons or excuses those agencies might attempt to use in order to exceed that time limit? That we haven't had time. The person responsible is on vacation. We are extremely backlogged. We can't hire the needed manpower to process the applicants were all taken into account by the legislature when they wrote the issue or deny time limit? That the only answer to any of the excuses under the law is to issue the permit. They were not given any other options under the law.

Michael