Can A Judge Approve A GFL With Restrictions

Discussion in 'General GWL Questions' started by Mike from Philly, Jun 18, 2007.

  1. Mike from Philly

    Mike from Philly New Member

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    A fellow member asked me a question and I wanted to throw it out for opinions. Can a Probate Judge issue a GFL and specify that the Licensee can't carry concealed?
     
  2. mzmtg

    mzmtg Active Member

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    No. There is no provision in the OCGA for such a license.
     

  3. ber950

    ber950 Active Member

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    I would not put it past a Probate Judge to try. Of course GCO would sue and then we would know for sure. :shock:
     
  4. Gunstar1

    Gunstar1 Administrator

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  5. Vir Quisque Vir

    Vir Quisque Vir New Member

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    Please help

    Does the probate judge in a Georgia county, for example Warren County or McDuffie County Georgia have the legal authority to restrict the carry of a firearm in a modified OPEN carry only, and to have a concealed carry under the same law be illegal and the licensee subject to arrest?

    The open carry in practice, as described in the Warrenton sheriff's office is
    an open carry, visible from 3 sides, in a holster and not just the grip showing. My contention is that this practice prohibits or at least greatly
    inhibits self-defense, unnecessarily intimidates some of the public, is in
    violation of the 2nd amendment, subjects licensees to open carry problems that are obviated by a concealed carry and that the probate judges may well not have the legal authority to modify or restrict licensees from concealed carry.

    My son David, who has a carry permit told me tonight that it is the probate
    judge that is the source of the instructions that force licensees to carry in a partially open manner a firearm, in a holster. Moreover, at least 3 license (permit) holders were told that if they carried concealed, they would be subject to arrest. This seems to be why the sheriff's office and local police in Warren County and the city police of Thomson Georgia (McDuffie County) are enforcing the law as set by the probate judge. This is quite a different situation than having a few rural law enforcement personnel misinterpret the law, it is law being made by the probate judge. From my limited understanding, it was that the local sheriff and police cannot regulate the purchase, sale, carry or transportation of firearms, this authority resides in the State of Georgia (idea of preemption). I ask that you and other relevant organizations investigate this more thoroughly and give some definitive answers. Is this is legal or not, and if a Georgia carry permit does, indeed, grant a person who passes the requisite background requirements to carry concealed in the State of Georgia. I would like a carry permit, but what good does it do me other than
    permit me to carry my firearm anywhere I like in my vehicle? It does not make any sense to me to let all the criminals and local thugs carry .22 and .25 size pistols in their front pockets all over town and then criminalize a concealed carry for self-defense of law-abiding people who did apply for and receive a license to carry. I strongly support the 2nd amendment and am willing to help in any way I can. Thank you for your help and I will write a much shorter reply next time.
     
  6. legacy38

    legacy38 Active Member

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    Wow. That's a doosie. Are they issuing written instructions in regard to this?
     
  7. GAGunOwner

    GAGunOwner Active Member

  8. legacy38

    legacy38 Active Member

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    I wouldn't want to be the test case, but the LE there is opening itself up to a false arrest suit here. A person would be able to really make a stink if they were arrested when not violating state law and with the stinking permit.

    GCO should look into this. Unfortunately, I don't know anybody in any of the agencies over there to contact about it, but I'll ask around.
     
  9. foshizzle

    foshizzle New Member

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  10. Tinkerhell

    Tinkerhell Active Member

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    It seems to me that if that is actually going on & it's prevalent through three different agencies then something must be in writting somewhere... Public records request should net you a copy of it. From there it should be much of a problem getting that nonsense shut down. I would probably first suggest contacting someone in each office and simply ask what their policy is.

    If the probate judge has actually gone so far as to send out some kind of written instruction & the agencies are following those instructions I bet I know of a particular group that would be more than happy to see about addressing the issue. Warrenton NO CCW, you have already joined GCO right? :wink:
     
  11. Vir Quisque Vir

    Vir Quisque Vir New Member

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    Yes, the only reference is basically to a modified OPEN carry. There is no specific prohibition of concealed carry in the instructions from the probate judge or sheriff's office, but licensees are told they would be arrested if they carried concealed. So it looks like the judges are relatively covered, and LE are out on a long thin limb. That includes at least Warren County and McDuffie County.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Re: Please help

    GCO does not simply go around looking for trouble as if it has a lot of time on its hands. GCO aggressively and zealously seeks to protect and expand the rights of its members. GCO has no members in either county of which I am aware.

    But the short answer is that there is no authority for the probate judge or the Sheriff to place restrictions on licenses, and if they attempt to make an arrest for concealed carry when the carrier has a license, there will probably be trouble.
     
  13. ber950

    ber950 Active Member

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    If you can post a copy of this or email me a copy I would be interested in seeing it. I have a suspicion its pertains to an old version of the law.
    As the first step I would recommend you write the parties involved and request clarification in writing. Often if you just start asking questions these types of concerns go away.
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Re: Please help

    This is what prompted a unanimous board vote some months ago to act on behalf of members. :wink:
     
  15. mzmtg

    mzmtg Active Member

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    Re: Please help

    I miss the old GCO that used to go around picking fights and kicking over ant hills because it was fun :(
     
  16. Vir Quisque Vir

    Vir Quisque Vir New Member

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    You should have a member in Warren County as soon as the GCO processes my check. Below are the instructions given new GFL licensees in this county. It says NOTHING about concealed carry and a modified open carry, with threat of arrest if concealed. Will have to e-mail it, could not paste it in here.
     
  17. ber950

    ber950 Active Member

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    Its definitly out of date. Its a image file and I can't figure out how to copy it. I'll have to send it to Gunstar.