DeKalb is saying 90 days for gwl

Discussion in 'Ga. County Licensing Information' started by Obyrne, Apr 25, 2018.

  1. Obyrne

    Obyrne New Member

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    I've been told by several county employees that the process for getting a gwl will take 90 days. The woman who took my application, the officer who took my finger prints, and the woman from the probate court. I have a voicemail message from the probate court that explicitly states it is a 90 day process. I thought that is illegal under Georgia law and that DeKalb has even been sued for this very issue. Is there anything that I can do?
     
  2. Archangel

    Archangel Moderator Staff Member

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    You would be correct.
     

  3. Obyrne

    Obyrne New Member

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    Thank you, but do I have any recourse? They're doing something blatantly illegal, and I have to sit and take it?
     
  4. NTA

    NTA Well-Known Member

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    I'm sure DeKalb would say "so sue us".
    Case would come to court in a couple years...
     
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  5. DonT

    DonT Deplorable bitter clinger.

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  6. Obyrne

    Obyrne New Member

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    Thank you for the information. Exactly what I was looking for. Still crazy what how long it takes. Sounds like DeKalb intentionally makes it difficult and drags out the process. Regret moving here more and more. Cheap taxes tho!
     
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  7. Archangel

    Archangel Moderator Staff Member

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    Georgia is great! DeKalb County... not so much... :-D
     
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  8. GoDores

    GoDores Like a Boss

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    I renewed in DeKalb near the end of last year and received my license in the legally required time period. They can say whatever they want, but if you get your license in a timely fashion they haven't violated the statute.

    Unfortunately that means there's probably nothing you can do legally until after the last date by when the county should have issued your license. You can search this site to get the details of when that is, and there are also posts on this site detailing next steps you can take.
     
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  9. atlsrt44

    atlsrt44 Well-Known Member

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    Last time I renewed I had to meet with probate judge. Only for him to tell me oh you didn't need to meet with me. On an unrelated note he was removed a month later lol. So yeah welcome to dekalb
     
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  10. Obyrne

    Obyrne New Member

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    70+ days and counting. Have basically been told tough luck and we'll get to it when we get to it. Incredibly frustrating!
     
  11. Mrs_Esterhouse

    Mrs_Esterhouse Swollen Member

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    I received my renewal in 37 days. I did bring in a self-addressed envelope though to help move things along. They were really happy about the self-addressed envelope.
     
  12. Adam5

    Adam5 Atlanta Overwatch

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    Have you followed Don’s advice above? What was their response?
     
  13. Obyrne

    Obyrne New Member

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    Yes. I've followed up with the FBI, GBI and DeKalb Police (who basically told me to go to hell). FBI and GBI laughed because it's all electronic and was done within minutes of being finger printed. DeKalb Police were indignant and told me that it would be 90 days and that I should stop calling. Lady at the probate court told me it was a process and that I simply have to wait. I informed all of them of the law and the status of my background checks with GBI and FBI and no one seemed to care. DeKalb is something else.
     
  14. Nemo

    Nemo Man of Myth and Legend

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    Be ready to start litigation on day 1 over the limit.

    Nemo
     
  15. Obyrne

    Obyrne New Member

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    As far as I can tell I'm well over the limit. GBI even informed me that if it takes that long they should actually require me to be finger printed again. However, I have neither the means or the professional knowledge to litigate something like this.
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Where do you do your fingerprints in DeKalb?

    The probate judge has 10 days.

    The report from the law enforcement agency has to be date stamped by law.

    http://www.georgiacarry.org/cms/ga-code-detail/?title=16&chapter=11&section=129

    16-11-129(d)(4) "Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue such applicant a license . . ."

    "The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. The judge of the probate court shall not suspend the processing of the application or extend, delay, or avoid any time requirements provided for under this paragraph."


    DeKalb PD, if that is where you were fingerprinted, has 20 days. Same subsection: "The law enforcement agency shall report to the judge of the probate court within 20 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required."


    16-11-129(j): "When an eligible applicant fails to receive a license . . . within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license . . . If such applicant is the prevailing party, he or she shall be entitled to recover his or her costs in such action, including reasonable attorney's fees."
     
  17. atlsrt44

    atlsrt44 Well-Known Member

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  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I would contact John Monroe. He is the Vice President of GeorgiaCarry.Org. I would tell him your situation and then listen carefully to his response. Only after I hear what he has to say would I make emphatic declarations about whether I had the means to litigate something like this. Maybe, maybe not. A telephone call would not hurt, and it may help more than you know.
     
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  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    :-k Then why call DeKalb PD?
     
  20. UtiPossidetis

    UtiPossidetis American

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    Good advice. I'd take it.