Erie County Pistol Permit Delay explained.
NoGods, you are pretty close.
The first is getting the paperwork out of the pistol permit office and over to the investigative agency. The second is getting the investigative agency to complete the investigation and return the paperwork back to the pistol permit for processing. The third is getting the paperwork processed by the pistol permit office and sent to the judge. the fourth is getting the judge to act on the application
There has been efforts by the Erie County Chapter of SCOPE on this matter and being personally involved this is what I know.
Here is what is going on and how the process is trying to be improved.
The first is getting the paperwork out of the pistol permit office and over to the investigative agencies. NIC Check, Mental Health, Local PD. The old way and the current way are to send the actual physical packet of original paperwork. We are trying to break this paradigm and use electronic transfers, after all it is 2012 and not 1970. As you read on remember that packets of applications are being sent to and fro and the opportunity for loosing them is greater.
This is Step one. You have to be cleared by the Mental Health Office in Albany first.
Step Two: Then once that is completed your file is physically transported to the Police Dept responsible based on your residence.
Now you are at the mercy of the investigative agency to complete the investigation and return the paperwork back to the pistol permit for processing. It depends on the agency.
Step Three: Some are able to contact your references in 30 days, others are so freaking incompetent or lazy or simply anti gun that they take 8 to 14 months. (Totally unacceptable) The law says this must be done without unnecessary delay. So if there is unnecessary delay is the law being broken?
There is no set rule, or standard. There are about 57 Towns Villages and others in Erie County. Some Local PD's do the background and other are done by the County Sheriff.
The LAW says the "investigating agency has the responsibility to verify that everything on the application is truthful".Period.
By law that is what they are supposed to do, nothing more and nothing less.
Not to many do the same thing.
Step Four: One the physical packet is returned to the PPO it is processed and put in piles to go the Judge for signature.
Step Five: It goes to the judge in bundles.
Step Six: Once it is signed, it goes into another pile
Step Seven: and when your packet comes up, the letter is created and mailed.
The Erie County Chapter of SCOPE has be active in getting this situation fixed.
We met with the PPO in 2011 and the process 4 through 7 were improved.
in 2012 we met with Sheriff Tim Howard and when we related the process and delay times he was kind of shocked.
He has been putting thing in place to streamline things too.
The Mental Health checks have been backlogged for much of 2012 (this has just created an additional delay) This is about to be streamlined and done electronically. Not much solace for the people already in the system.
The Local PD delays are still a problem and need to be brought up as election issues for your town and village races. There needs to be a meeting of the local Chiefs and politicians to determine best practice's and develop standards. Or, go to the town meetings and put some pressure on the Chief's to do their freakin jobs. SCOPE is trying to arrange a meeting with Erie County Clerk - PPO - Local Chiefs to to just that. More news at 11.
Some PD's send letters to the references, other interview face to face. (what a waste of manpower)
I have had and done background checks done for Government Jobs that were not as extensive as this crap.
Erie County Sheriff interviews a neighbor which is not spelled out in the law.
The law also says
No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true.
The rules for what is in the application are also spelled out in the law. Nothing more and nothing less is allowed by law, and the words "without unnecessary delay" are written five time in the law.
Bottom line, SCOPE is the only group that I am aware of that is trying to fix this unacceptable issue. Is it easy? Hell no!