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HB 1032 was passed so that the Firearms License (Georgia Code 16-11-129) will comply again with ATF regulations (lost in 2005 when GA changed it's handgun background check law) of which States CCL's are exempt from NICS at purchase. In doing this the renewal process was changed.
The new law removes the ability of the Probate Court to choose whether or not they need to resubmit fingerprints (and charge the fee to do it) to the GBI when you renew your license. It is now manditory. Which means the cost of the renewal will probably be the same as a first time applicant. This also means that the time it takes them to renew your license could take as long as a first time applicant. Also included in the new law is a requirement for applicants to pass a National Instant Check System (NICS) background check. Fortunately, the NICS system takes between a minute to 3 days to complete, so it should not be any slowdown to the process.
Renewal License
- Cost of renewal will be the same as a new applicant, around $35-$47.
- The time it will take is hard to predict, the law says it should not exceed 60 days (unless the fault of the GBI or FBI) but usually it is the county that is at fault for the delay.
- Check with your probate court to see if you can submit your application 5-6 months before it expires, that way you can carry no matter how long a delay there might be in renewing.
There is some good in the new law. It allows livescan/digital scanned fingerprints to be submitted (the old law said hard cards must be sent). Electronic submission takes between 30min to 3 days to process, hard cards take from 10 to 30 days (Unfortunatly not all sheriffs have livescan machines). It also means that GA law now meets ATF regulations so that the GFL will once again exempt the holder from a NICS check when purchasing a firearm (ATF's letter to Georgia FFL's).
Last, the Temporary Renewal Permit was not affected so you can still carry while you wait for renewal (needed for counties slow to issue).
Temporary Renewal License
- Any person who holds a license under this Code section to carry a pistol or revolver may, at the time he applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he then holds or if his previous license has expired within the last 30 days.
- Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant.
- Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue.
- During its period of validity the temporary renewal permit, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license.
- A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license.
For those that have to renew in the next few months in a county known for delays, it would probably be a good idea to get a temporary renewal when you apply.
NOTICE: Many probate courts think that the recent change in law means that they no longer have to issue a temporary renewal license. This is incorrect. If you are going to renew your permit and will need a temporary renewal permit, you should print out and carry with you HB 1032 (which says that it effects only subsections a through d) and Georgia Code 16-11-129 and show them subsection i that was not altered by HB 1032. For more information read the Temporary Renewal License denials topic in the forum.
Update 12/2007: Some courts have a different excuse and claim that the FBI or the ATF told the judge they could not issue temporary licenses and mistakenly think that it is becuse the Feds would remove the license from NICS exemption. This too is incorrect. The federal government cannot tell a local GA probate court to stop following Georgia law unless that court is in conflict with Federal law. In regards to issuing temporary renewal licenses, there is no conflict. The issue at hand is that GA law says the temp. renewal license should be issued when asked for at the time renewal application, without a background check being performed before the temp. renewal license is given. The ATF knows GA is doing this and has stated that GA's temporary renewal license does not qualify as a NICS exemption. So to cover yourself for this excuse, print out the latest ATF Brady Permit Chart which says for Georgia "Concealed weapons permit qualifies. (Note: Temporary renewal permits/licenses do not qualify.)".
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