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One issue in this case is whether a probate judge may refuse to issue a temporary renewal license. There is a hearing scheduled for tomorrow afternoon, at which the judge should decide whether the probate court must issue a temporary renewal license at the time of application.
 

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where and when will this hearing be? will it be open to the public?
 

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Sledgehammer
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Discussion Starter · #4 ·
Hearing Canceled

Tony,

The hearing would have been at the federal courthouse in Atlanta, and it would have been open to the public, but it has been canceled.

The probate court voluntarily gave the plaintiff the relief he was seeking in the TRO. The letter from the judge's attorney agreeing to do so is available on

http://www.georgiacarry.org
 

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Gutless wonders :roll: Are we going to have to do this to all 159 counties :?:
 

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As soon as that letter gets posted, we may still have something to present to our local judges. Maybe it will help, maybe it won't.
 

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Well, hopefully the 11th Circuit Appeal will give us something on the published record. While the hearing for the TRO may not need to happen, as we were talking about in the other thread, adjudicating the case is not moot because this will continue to happen until an order demanding continuing compliance with the law is issued.
 

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I think that it is ironic that they posted the code on the temporary license that says that they have to issue the temporary after they refused to do so in the first place. =D>
 

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Info from Forsyth

I light of this letter from Henry Co. and MP's request to call regarding the temporary renewal permits, I had a lovely chat today with a lady at the Forsyth Co. Probate Court. Here's what she said:

1) They know they can't require the SSN. They ask for it for clarity and speediness, but realize they cannot require it. :)

2) They no longer issue temporary renewal permits. Says it 'came down from the Brady bill.' She does also indicate that they would gladly read and absorb any material one may have to the contrary if mailed to them. Very friendly. [-X

3) Their background check process has been greatly improved with electonic fingerprinting and there are no more 3-4 waits. They are trying very hard to comply with the 60 day provision. :righton:
 

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Re: Info from Forsyth

kkennett said:
2) They no longer issue temporary renewal permits. Says it 'came down from the Brady bill.' She does also indicate that they would gladly read and absorb any material one may have to the contrary if mailed to them. Very friendly. [-X
The Georgia law is contrary.... I would ask her to read OCG 16-11-129. Can these people not read??? :screwy:
 

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Congratulations and thanks John and Ed.

Lots and lots and lots of gun owners in Georgia are in your debt but, unfortunately, very few of them even realize it.

Do you still need money for this or other cases you've filed? I'll be dropping my contribution off one day this week... promise!
 

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Seems as though every Probate Judge has caved confronted by a Real Judge.

I hope the Georgia Probate Judges Association is getting the message and the Institute of Continuing Judical Education is taking notes.

jrm: Let me know when the next show is. I'll buy tickets. At least for the matinee.
 

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i understand that the ssn and employer thing have been
taken care of (some what) but, what about the temp. permit
thing (because,you know most of our judges apparantly can't read)

but, all those involved in this case: :cheers: :cheers: :bowdown: :bowdown: :bowdown: :bowdown: :bowdown: :bowdown:
MANY THANKS, you guys are the greatest!!!!!!!!!!!!!!!!!!!
 

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I'm going to be forwarding those three documents published on this site to the probate judge in Cherokee County. Hopefully, by the time my GFL expires, I won't have to go through the same problems as Mr. Puckett.
 

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Here's what I plan to send out to my Probate Judge tomorrow:
October 10, 2006

Dear Judge McVay:

I recently wrote your office regarding your refusal to issue temporary Georgia Firearms Licenses as proscribed by OCGA 16-11-129(i). I was pleasantly surprised that you took the time to call me personally and discuss the matter.

I was recently made aware of a motion filed against the Probate Judge of Henry County, Kelley S. Powell, in the US District Court for the Northern District of Georgia that dealt with this very matter and one other, equally important issue (Civil Action No: 1:06-CV-2382-BBM). The plaintiff in the filing was denied the issuance of a temporary license and the court failed to even process his application for a renewal GFL upon the applicant’s refusal to provide his Social Security Number and employment information. I called your office today and was informed that you require the SSN and employment information to process GFL applications in Cherokee County as well.

The short version of the story is that the plaintiff believes that the Henry County court violated OCGA 16-11-129(i) by refusing to issue him a temporary GFL and 16-11-129(a) by requiring disclosure of employment information (“non-pertinent or irrelevant†data). The plaintiff also believes that the court violated Section 7 of the Federal Privacy Act of 1974 by requiring the disclosure of his SSN.

After the motions for a temporary restraining order were filed, the Henry County Court reversed its previous position and did both process the plaintiff’s application without his SSN or employment info and issue him a temporary GFL.

I have enclosed copies of complaint, the Brief in Support of Motion for a Temporary Restraining Order and the letter from the Henry County Attorney agreeing to redact the SSN and issue a temporary license. I imagine your office has faster and more complete access to all the court documents of this case, but I found them online at: http://www.georgiapacking.org/puckett/

Given your position that there is no legal way that a court can issue a temporary license and that a SSN and employment info are required to properly process an application, I was wondering if the recent events involving the Henry County Probate Court would influence your office to begin following both State and Federal laws regarding the issuance of firearms licenses.

Thank you for your time.

Sincerely,

mzmtg
 

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I would mention the order in the Coweta case as well, as it compels the Probate to process both the application for renewal and temporary renewal permits.
 

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I'm changing the end of the letter to:
A similar motion was filed earlier in the same court against the Probate Judge of Carroll County, Betty B. Cason (1:06-CV-01586-CAP). The court did find for the defendant and did issue a temporary restraining order ordering the Carroll County judge to issue a temporary license and to process the application without a SSN. The GA Department of Public Safety (also a defendant in the case) subsequently revised the GFL application, noting the optional nature of the SSN and employment information. I have enclosed a copy of the court’s order. The plaintiff’s request for injunctive relief was then judged moot and dismissed as the DPS’s application and policy have been revised. I found the relevant documents online at: http://www.georgiapacking.org/camp/

It is also worth noting that at least two counties, Lee and Dougherty, issue temporary licenses as a matter of standard procedure. Given your position that there is no legal way that a court can issue a temporary license and that a SSN and employment info are required to properly process an application, I was wondering if the recent events involving the Henry & Carroll County Probate Courts and Georgia DPS would influence your office to begin following both State and Federal laws regarding the issuance of firearms licenses.
 

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Sledgehammer
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Discussion Starter · #19 ·
Mzmtg,

A couple corrections:

1. The court found for the plaintiff in issuing the restraining order (not the defendant).

2. The court really found mootness based on the fact that it had issued the restraining order, not on the fact that DPS changed its form.
 

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jrm said:
Mzmtg,

A couple corrections:

1. The court found for the plaintiff in issuing the restraining order (not the defendant).

2. The court really found mootness based on the fact that it had issued the restraining order, not on the fact that DPS changed its form.
10-4, revising again :)
 
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