Joe Levi presents Greener Living through Technology

The State of Utah says that they “shall issue a permit to carry a concealed firearm […] to an applicant […] within 60 days after receiving an application […]” (U.S.C. 53-5-704(1)(a))

Before I dig in, I want to state for the record that I think the guys over at the BCI are doing a good job, especially considering the State’s budgetary problems and the ENORMOUS influx of permit applications they’ve been processing since the recent election.

I especially want to note the assistance that Jason Chapman, Supervisor, Concealed Firearms, Utah BCI has provided to me, and publically thank him for this.

What happens with the 60-day window expires?

So what happens when the number of Concealed Firearm Permit (CFP) application’s spike and the Utah Bureau of Criminal Identification (BCI) is no longer able to meet their statutory obligation to issue a permit with 60 days?

One CFP instructor advised calling the BCI and asking for a status update (even though the application says “Do not call to check the status of your permit”).

Today I did. Today is day number 65 after having mailed my wife’s application, complete with all required documents, and paid for via cashier’s check. Allowing for time for the postal service to deliver the application, this means the 60-day window has expired.

The BCI employee I spoke with informed me that the BCI “no longer do[es] complimentary application status checks,” which is in-line with the note on the CFP application. He further went on to tell me that applications are taking “up to 4-months to process.”

Citizens follow the law, but BCI doesn’t have to?

I posed the question about the “shall issue” nature of Utah’s permit and the 60-day approval window, and asked him that since the permit hadn’t been denied in the 60-day window, if that didn’t constitute a de-facto permit. The BCI employee then asked me: “when the speed limit is 65, do you drive 65, or do you drive 75?” 65, Sir. “When the speed limit is 25, do you drive 25 or do you drive 30?” 25, Sir. “Then if you don’t have a permit to carry a concealed firearm yet, do you carry one anyway?” I didn’t know what to say, he caught me off-guard with that one. I felt the law was on my side, but how should I phrase it?

My response should have been “so if the law says the BCI ‘shall issue’ the permit ‘within 60 days,’ do you issue it within 60 days, or within ‘4-months’?” but I wasn’t quick-witted enough. I thanked him for his time and called the Supervisor over Concealed Firearms at the BCI, Jason Chapman.

What the Supervisor has to say

Jason acknowledged the 60-day statutory obligation and assured me that his office is doing everything they can to issue permits within the legally defined window. His department is even going as far as doubling its staff to meet the demand.

He says they’re currently running at about “75 days to issue after an application has been receipted.”

Further, he advised submitting your CFP application in-person rather than submitting it through the mail because “they’re being processed by faster” than mail-in applications.

Legal Concerns

This raises a few legal questions:

• Since Utah is a “shall issue” state, doesn’t this mean that if no reason to deny said permit is discovered within the statutory window that a permit shall be issued (“shall” is legal speak for “has to be”)?
• If more than 60 days has past and one has not been denied their permit by the BCI, does that mean that you can legally carry your a concealed firearm?
• Since the statute doesn’t specify “60 work days” does this equate to 60 calendar days?”
• If one assumes the statute refers to “work days” and since Utah State Agencies now work 4-day work-weeks (4 * 10 hours = 40 hours/week) rather than 5-day work-weeks (5 * 8 hours  = 40 hours/week) does this mean the BCI gets an extra 2 weeks to process applications?
• Is BCI in any legal trouble because they are not meeting the requirement to issue these permits within 60-days, as required by law?
• Would a CFP applicant be in trouble for carrying a concealed firearm if BCI hasn’t denied the application with the statutory 60-days?

Of course, I am not a lawyer, and I’m not advising anyone as to what they should or should not do regarding the law or this statute in particular. I’m simply posing questions.

If it were me in this situation, I’d simply carry my firearm in the open and unloaded (no round in the chamber, full magazine, as defined by Utah State Code), being mindful of the places that one cannot carry a firearm with out a CFP (busses, trains, K-12 schools, etc.). If I were to do this I’d carry a copy of the sections of Utah State Code that covers this and be prepared for law enforcement officers to detain and disarm me while they are educated on the legality of doing this.

Action

I’ve already voiced my concern to the BCI, and if you are similarly concerned I’d recommend you contact Jason Chapman (801-965-4445) and simply state that you’re concerned that the BCI is not in compliance with the 60-day statutory requirement to issue permits. (Be nice to this guy, he’s doing what he can.)

Also, I’ve put a comment on Mark Shurtleff’s Facebook Wall (he’s Utah’s Attorney General), if you’re on Facebook find my post on his wall and comment on it to help draw attention to the issue.

If you haven’t applied for your Utah CFP yet, do it now. The more people we have applying, the more personnel they’ll allocate to the BCI, which is a good thing for all of us.

Update

KSL covered the story the night after I broke the news! Hat tip to me! W00T!

Video Courtesy of KSL.com