Georgia Firearm Forums - Georgia Packing banner
1 - 8 of 8 Posts

·
Registered
Joined
·
94 Posts
Discussion Starter · #1 ·
Hi All,

My father recently re-applied for his CC permit but was told by the Probate Court in Duluth that it was denied because of an incident that he was charged with, not convicted only charged with, which occurred in 1977 with his ex-wife (My father is 82). He's had his CC permit for many years for both Georgia and Florida but this time he let it lapse before renewing it and had to get his paperwork re-done. He was told that due to changes in the law his permit was denied because of the infraction from 1977. Once hearing this he asked what can be done to appeal it and stated that he was literally told that nothing could be done because of how the law has been "reshaped" to include his charge.

My question to the forum is does any know what the appeal process for this would be and would he need to retain an attorney to get the ball rolling?

Thanks,

Timmy
 

·
Lawyer and Gun Activist
Joined
·
28,519 Posts
The first step is to establish the facts of what happened in 1977, and then figure out how the law applies to those facts.
I'm an attorney, and if your father wants to consult with me and is considering hiring a lawyer, I'll talk to him.

But in a nutshell, a federal law passed by congress about 20 years ago really did create a new category of "prohibited persons" who cannot possess any gun or ammo, much less get a carry permit.

That newly-expanded disqualifier is for persons convicted of even misdemeanor-level domestic violence or family violence, if the actual incident in question involved physical force or violence (or unlawful threats of such) against a spouse or former spouse, former live-in lover, co-parent of a child, etc.

If the State in which the disqualifying conviction came from grants a total pardon for the event, including restoration of gun rights, then the federal law will no longer apply.

So you may have to look into Florida law, if this conviction came from a Florida court. (did it?)
 

·
Registered
Joined
·
94 Posts
Discussion Starter · #3 ·
The charges came from Georgia and my father is only trying to renew his permit in Georgia. The incident that occurred in 77" was based on trumped up charges that my dad was accused of and charged with but they were dismissed because his ex-wife was just basically seeing what she could get him charged with. So he was never actually convicted of a charge at all, which is why I'm surprised that he can be denied by the state on just a charge and not a conviction.
 

·
Lawyer and Gun Activist
Joined
·
28,519 Posts
Conviction

As your father seen a copy of the criminal history that the probate judge used to deny him a carry permit ?
Maybe the records are mixed up. Government criminal history records are frequently inaccurate.
But, people's memories are also inaccurate. Is it possible that your father is confusing a dismissal of the case with a plea bargain, with no fine and no jail time--- just to get it over with ?

Your dad should probably get a copy of his own criminal history, along with a certified copy of the records from 1977 or '78 showing the final disposition of his case .

I hope the records are still available. Some cities and counties have a policy of destroying the records after 10 or 20 years, in order to save space in their files.
 

·
Registered
Joined
·
94 Posts
Discussion Starter · #5 ·
The state did send him a letter explaining the denial and some of the specifics as to why it was denied but was a little vague at what he could do to resolve it. Definitely possible that dad could be confused on the specifics of the incident. Could you possibly PM your number to me so that I could have him call you to discuss?
 

·
Lawyer and Gun Activist
Joined
·
28,519 Posts
PM sent.

Did the letter offer to hold a hearing on the denial?
Did the probate judge want to get any additional information or testimony from your dad about that 40-year old arrest?
 

·
Registered
Joined
·
14,956 Posts
This topic should be moved to General GWL Questions forum.
 
1 - 8 of 8 Posts
Top