18.2-308 de fact permit after 45 days

Discussion in 'GA Laws and Politics' started by Malum Prohibitum, Nov 4, 2006.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Virginia solved their issuance problem legislatively, by the following legislation. As background, fingerprinting is optional. Localities can do it or not, and most of them do not.

    "All fingerprint cards not claimed by the applicant within 21 days of notification by the local agency shall be destroyed. All optically scanned fingerprints shall be destroyed upon completion of the criminal history records check without requiring that the applicant be notified. Fingerprints taken for the purposes described in this section shall not be copied, held or used for any other purposes. The court shall issue the permit and notify the State Police of the issuance of the permit within 45 days of receipt of the completed application unless it is determined that the applicant is disqualified. Any order denying issuance of the permit shall state the basis for the denial of the permit and the applicant's right to and the requirements for perfecting an appeal of such order pursuant to subsection L. An application is deemed complete when all information required to be furnished by the applicant is delivered to and received by the clerk of court before or concomitant with the conduct of a state or national criminal history records check. If the court has not issued the permit or determined that the applicant is disqualified within 45 days of the date of receipt noted on the application, the clerk shall certify on the application that the 45-day period has expired, and send a copy of the certified application to the applicant. The certified application shall serve as a de facto permit, which shall expire 90 days after issuance, and shall be recognized as a valid concealed handgun permit when presented with a valid government-issued photo identification pursuant to subsection H, until the court issues a five-year permit or finds the applicant to be disqualified. If the applicant is found to be disqualified after the de facto permit is issued, the applicant shall surrender the de facto permit to the court and the disqualification shall be deemed a denial of the permit and a revocation of the de facto permit. If the applicant is later found by the court to be disqualified after a five-year permit has been issued, the permit shall be revoked."


    Does Georgia need to consider the same? I think this was the intention of the temporary license, but that of course does not help anybody applying for the first time.

    Just thought y'all might like to see how Virginia handled it by a recent amendment.

    Of course, you know that by issuing without fingerprints (in three-quarters of the counties they never fingerprint, and with the de facto permit, of course, the fingerprints have not yet come back) they have this huge problem of murderers in Virginia obtaining concealed carry permits using false i.d. Huge problem. Oh, it's all over the news . . .