Well over the 45 days for ccw

[Randy Ward]

I took my conceal carry course, paid the fees at the sheriffs office, have waited well over the 45 days and have not received my permit. I've called them and stopped by 4 times and they tell me the sheriff is busy and will get to it. The way i understand the law i should have been given at least a temp permit until i either get my permit or get denied. Anyone have any idea what my next course of action should be? I live in Missouri.

 

[Rocketgeezer]

I took my conceal carry course, paid the fees at the sheriffs office, have waited well over the 45 days and have not received my permit. I've called them and stopped by 4 times and they tell me the sheriff is busy and will get to it. The way i understand the law i should have been given at least a temp permit until i either get my permit or get denied. Anyone have any idea what my next course of action should be? I live in Missouri.

Honestly, there is not a lot you can do, your really at the sheriffs mercy, you'll get it when he's dam good and ready to give it to you, and law aside you raise much of a stink about it, and you may not get it at all, I know it may not be much help but in situations like yours a hand written letter to the sheriff, may help, and don't get pissy, just explane that you have done all that is req, for you to do, filed correct paper work and have been waiting for some time, and were wondering if there was some issue holding it up, ...........good luck

 

[topgun47]

If you read the fine print in the application process, the time limit that you hint at is more than double the 45 days. Read carefully when the clock starts ticking for the time limit. You will be surprised. I think the maximum time they have is 100 days or more.

Good luck!

Oh yeah, by the way..........Welcome to the forum.

 

[NavyLCDR]

Looks like you can file in small claims court. While your permit has not been denied, if it has not been issued within the timeframe, you should have a case anyway:
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Upon receipt of an application, the sheriff will fingerprint you. Within three days, the sheriff is required to request a criminal record check from the Missouri State Highway Patrol. If no disqualifying record is identified at the state level, the Highway Patrol then will forward your fingerprints to the Federal Bureau of Investigation. The sheriff has a total of 45 days to issue or reject an application, regardless of whether all background checks have been completed. If an application is rejected, you may file an appeal in small claims court. The sheriff must report the issuance of a permit to the Missouri Uniform Law Enforcement System.

 

[NavyLCDR]

Here is the actual statute:

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5. (1) Before an application for a concealed carry permit is approved, the sheriff shall make only such inquiries as he or she deems necessary into the accuracy of the statements made in the application. The sheriff may require that the applicant display a Missouri driver's license or nondriver's license or military identification and orders showing the person being stationed in Missouri. In order to determine the applicant's suitability for a concealed carry permit, the applicant shall be fingerprinted. No other biometric data shall be collected from the applicant. The sheriff shall request a criminal background check, including an inquiry of the National Instant Criminal Background Check System, through the appropriate law enforcement agency within three working days after submission of the properly completed application for a concealed carry permit. If no disqualifying record is identified by these checks at the state level, the fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check. Upon receipt of the completed background checks, the sheriff shall examine the results and, if no disqualifying information is identified, shall issue a concealed carry permit within three working days.


(2) In the event the background checks prescribed by subdivision (1) of this subsection** are not completed within forty-five calendar days and no disqualifying information concerning the applicant has otherwise come to the sheriff's attention, the sheriff shall issue a provisional permit, clearly designated on the certificate as such, which the applicant shall sign in the presence of the sheriff or the sheriff's designee. This permit, when carried with a valid Missouri driver's or nondriver's license or a valid military identification, shall permit the applicant to exercise the same rights in accordance with the same conditions as pertain to a concealed carry permit issued under this section, provided that it shall not serve as an alternative to an national instant criminal background check required by 18 U.S.C. 922(t). The provisional permit shall remain valid until such time as the sheriff either issues or denies the certificate of qualification under subsection 6 or 7. The sheriff shall revoke a provisional permit issued under this subsection within twenty-four hours of receipt of any background check that identifies a disqualifying record, and shall notify the Missouri uniform law enforcement system. The revocation of a provisional permit issued under this section shall be proscribed in a manner consistent to the denial and review of an application under subsection 6 of this section.

 

[NavyLCDR]

Here's your important statute (there is more to the statute than what I posted):

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Missouri Revised Statutes
Chapter 571
Weapons Offenses
Section 571.114

Denial of application, appeal procedures.

571.114. 1. In any case when the sheriff refuses to issue a concealed carry permit or to act on an application for such permit, the denied applicant shall have the right to appeal the denial within thirty days of receiving written notice of the denial. Such appeals shall be heard in small claims court as defined in section 482.300, and the provisions of sections 482.300, 482.310 and 482.335 shall apply to such appeals.

2. A denial of or refusal to act on an application for a concealed carry permit may be appealed by filing with the clerk of the small claims court a copy of the sheriff's written refusal and a form substantially similar to the appeal form provided in this section. Appeal forms shall be provided by the clerk of the small claims court free of charge to any person

Although, I don't know how you are supposed to include a copy of the sheriff's written refusal when they simply refuse to act on your application.

 

[Randy Ward]

My ccw instructor told me if after 45 days i do not hear from them then i can legally conceal carry until such time as i get my ccw permit or denial thereof. But that's a tricky road to travel since im not sure an officer would know what the law is on the subject.

 

[Rocketgeezer]

My ccw instructor told me if after 45 days i do not hear from them then i can legally conceal carry until such time as i get my ccw permit or denial thereof. But that's a tricky road to travel since im not sure an officer would know what the law is on the subject.

I'm not so sure about that, and you had better be dam sure, before you carry without a permit, cause you may end up not being able to get one at all.............Hey Navy can you find anything to verify this????

 

[NavyLCDR]

My ccw instructor told me if after 45 days i do not hear from them then i can legally conceal carry until such time as i get my ccw permit or denial thereof. But that's a tricky road to travel since im not sure an officer would know what the law is on the subject.

I'm not so sure about that, and you had better be dam sure, before you carry without a permit, cause you may end up not being able to get one at all.............Hey Navy can you find anything to verify this????

Nothing that I can find in Missouri law allows it. What Missouri law does allow is for the sheriff to issue a provisional license to carry if they do not have the results of all background checks back in the 45 days. What it does verify, though, is that the 3 biggest sources of misinformation regarding firearms laws continue to prove themselves to be CCW instructors, LEOs and gun shop employees, in no particular order.

Mr. Randy Ward, ask your CCW instructor for a citation to the law that backs up his claim.

 

[Randy Ward]

Update! Sheriff's office called today ccw ready to pick up. Finally and thanks for the responses.

 

[Nick Burkhardt]

Lucky, my wait was over 200 days due to a flood of applications last year and the Sheriff was busy.

 

[mwhals]

Wow! Mine was less than two weeks in WV.

 

[mrkeylo313]

I applied in florida the told me it could take up to 90 days have anyone on here applied in Florida & got there's back faster

Sent from my SGH-M819N using USA Carry mobile app

 

[mdleow]

Fl ccw

I applied in florida the told me it could take up to 90 days have anyone on here applied in Florida & got there's back faster

Sent from my SGH-M819N using USA Carry mobile app

I applied for my FL CCW end of March and the told me the same thing. It arrived today (insert happy dance)

 

[longslide10]

My ccw instructor told me if after 45 days i do not hear from them then i can legally conceal carry until such time as i get my ccw permit or denial thereof. But that's a tricky road to travel since im not sure an officer would know what the law is on the subject.

get a copy of that statute / law and carry that with you along with a copy (if possible) of your application.

 

[longslide10]

Wow! Mine was less than two weeks in WV.

And there are as many people as your posts

 

[longslide10]

I think many sheriffs nationwide are inundated with new permit apps and can't keep up. Maybe you could offer your assistance to speed up the process.

 

[NavyLCDR]

get a copy of that statute / law

Impossible. There is no statute or law that substantiates the false information the CCW instructor was putting out.

 

[Vegaman]

I applied in florida the told me it could take up to 90 days have anyone on here applied in Florida & got there's back faster

Sent from my SGH-M819N using USA Carry mobile app

Figured I would share my timelines as they are very recent:

It took almost exactly 60 days to receive my FL and AZ conceal carry licenses. Mailed them on March 10, received then both on May 9. UT took about 1-2 weeks less to receive.