Got a call from assistant probate... spoke about some issues

Discussion in 'GWL News & Information' started by foshizzle, Oct 24, 2006.

  1. foshizzle

    foshizzle New Member

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    Some of you may remember my experience with Dekalb probate. Basically, they blew me off on my permit and tried to tell me that there could be up to a 4 month delay from where my permit was approved until the post office got it to me... I was proactive and after a few trips down there and a few phone calls, I finally got it after 3 months. I also wrote them a letter detailing my experiences.

    http://www.georgiapacking.org/forum/vie ... ad&p=10394

    Lo and behold, I was called today by the assistant probate judge. He apologized for the whole thing. He also told me that it will never happen again (the excuse I assume, not the 6 month delays) and I used the time to ask him a few questions as well. Overall, he was professional and courteous.

    Some new things I heard from him:

    * In addition to sending the prints to GBI, they also have to get a mental health check from the state. I was told that is why some "criminal" histories may come back quickly, but the mental health histories could take a lot longer. Interesting.

    * They are not going to use the NICS check, even though it is mentioned in the statute. That is a "Name and DOB" system, and for them to meet the NICS exemption, it needs to be fingerprint based.

    * Temporary licences are NOT being issued and should not be issued anywhere because in order for the permit to be NICS exempt, it has to have a complete criminal history upon renewal. The temporary license does not meet this requirement, therefore it is not being issued.

    Like I said, he was courteous. He went so far as to ask if I wanted to set up an appointment with the probate judge to talk about it... I might do so if anyone has anything I should bring up, let me know. That's all I can remember right now... I'm kinda under the weather, but once the dayquils kick in I might remember more...
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Re: Got a call from assistant probate... spoke about some is


    The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license or renewal license;
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Re: Got a call from assistant probate... spoke about some is

    Look back at this position in two years and tell me what you think! :wink:
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Re: Got a call from assistant probate... spoke about some is


    Mentioned? :D

    (d)(2) For both license applications and requests for license renewals, the judge of the probate court shall also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigatiońs National Instant Criminal Background Check System and return an appropriate report to the probate judge.

    It is not just mentioned, it is mandated!
     
  5. Gunstar1

    Gunstar1 Administrator

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    So basically what he said is that they will continue to ignore what the law says and do things how and when they want.
     
  6. Gunstar1

    Gunstar1 Administrator

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    This person you talked to has confused themselves, possibly beyond help.
    In addition to what Malum posted

    Um, no. The ATF said that local, state and federal background checks are NOT enough to qualify as NICS exempt, since the NICS database includes specific firearm related information that the fingerprint system does not (NICS is a combination of many databases that pertain to prohibitions on purchasing firearms whereas the fingerprint database does not contain some of that information).

    Again not correct. State law says a temporary license should be granted upon request during renewal, PERIOD. It does not matter that a temporary license is not NICS exempt to Georgia Law. I have no problem with someone stamping "not NICS exempt" on it or something, but to refuseing to follow a state law because a federal regulation says (the law does not say it, only the ATF interpretation of the law does and that does not prohibit them being issued, it just says they are not exempt) it doesnt count for NICS is not an excuse to not issue the license.
    The license itself was not exempt before July 1st, did that mean that they did not have to issue any firearms licenses at all? No.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    In addition to what GS1 posted, I guess if they are not going to do the NICS check, then DeKalb licenses are not going to be NICS exempt when purchasing a firearm. The whole point of putting the stupid NICS check into the state law was so that a seller would know that a buyer with a firearms license has already had the NICS check!


    :roll:







    :shakehead:
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Don't get me started, don't get me started . . .



    :rant: :soapbox: :sly:
     
  9. mzmtg

    mzmtg Active Member

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    As much as I hate to bring up the BATFExyz...

    Would it be worth getting them involved? Maybe they could make it clear to the judges that the whole point of the change in the law was to use the NICS check and not the fingerprint reports.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I am not sure if you are asking me, but my individual opinion on the subject is that such an action would probably only make matters worse. For one thing, it would probably result in another letter to firearms dealers stating that the GFL is no longer NICS exempt.

    Getting some federal bureaucrats involved usually is not the right answer, no matter what question one has posed.
     
  11. ls1ssdavid

    ls1ssdavid New Member

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    I agree with MP. No Federal Bureaucrats!!!
     
  12. Gunstar1

    Gunstar1 Administrator

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    That second one just strikes me as funny. I guess DeKalb does not read or understand the Probate court newsletter. It says in the Nov. 05 edition what was wrong with the GFL process that made it lose exemption.

    Where oh where does it say anything about fingerprints? :roll:
     
  13. Niceguy

    Niceguy New Member

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    Re: Got a call from assistant probate... spoke about some is

    From what I read, it is. But it appears that some judges, liberal judges probably could care less what the law states. They make their own laws and we see that time and time again across the country.
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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