Greetings From Dougherty

Discussion in 'Welcome New Members' started by slabertooch, Dec 11, 2006.

  1. slabertooch

    slabertooch New Member

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    Hello everyone I am new here, been lurking around for the last couple of months, and finally decided to join. I applied for my GFL beginning of Sept. and still getting the Probate run around, so the wait continues...
    Just thought I would introduce myself and offer any help to anyone that needs it.
     
  2. Gunstar1

    Gunstar1 Administrator

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    Hello, glad you decided to join in on all the fun.
     

  3. slabertooch

    slabertooch New Member

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    Thanks, Right now I am doing the dance with GBI,the Sheriffs office, and the Probate Ct.
    GBI states that they recieved and transmitted my background (or lack there of) back to the Local Agency, so now it's touch and go from here. Hopefully I'll get it soon. [fingers crossed]
     
  4. USMC - Retired

    USMC - Retired Active Member

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    Wlecome aboard Slabertooch! You still active duty?
     
  5. slabertooch

    slabertooch New Member

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    No, I was medically retired after only 4.5 years of active duty. I miss it every day, so I went and did the next best thing, and work as a civilian for the Marine Corps.
     
  6. USMC - Retired

    USMC - Retired Active Member

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    I retired after twenty and now work as a contractor on base. Where on base do you work? I'm in Bld 3700.
     
  7. slabertooch

    slabertooch New Member

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    I'm over in the TMDE ATEP building across from 2200, just transferred over to civil, I was a DS2 employee for a year and a half before I got picked up, gotta love that efficient hiring process [rolls eyes]. Moved down to Albany from Ohio/Kentucky (gotta love the Kentucky gun laws, I still carry openly when I go to see family).
     
  8. Foul

    Foul New Member

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    Another in the growing army of packers!

    Welcome!
     
  9. slabertooch

    slabertooch New Member

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    Thanks for the warm welcome everyone, now just waiting to join that "army of packers" (go cheeseheads :D ) 88 days and counting.
     
  10. foshizzle

    foshizzle New Member

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    Another former Marine here. 8)

    Doing the dance with the probate is becoming a right of passage in Georgia, lol.
     
  11. slabertooch

    slabertooch New Member

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    Apparently so. I called the probate court today and talked to the clerk, specifically mentioning the 60 day law, to which she replied that "You need to talk to the Judge tomorrow. She is out today, but will be in next morning."

    So I plan on calling tomorrow, hopefully I can get to talk to the Judge, maybe set up an appointment to review the situation.
     
  12. Rammstein

    Rammstein New Member

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    Good luck with the courts slabertooch, and welcome aboard.
     
  13. slabertooch

    slabertooch New Member

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    Talked to Judge Stevens this morning, she was very nice and concerned abou the 60 day requirement. Stated that they had requested an opinion from the Attorney General, and stated that the AG didn't feel that they were required to issue within 60 days if the report hadn't come back yet.

    However, she said that she had reviewed my background, and decided to issue my GFL. She also stated that she has done this before on a case by case basis. I will post the AG's opinion once i get it from her.
     
  14. Rammstein

    Rammstein New Member

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  15. slabertooch

    slabertooch New Member

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    Got the AG's opinion, its the old U78-45 that keeps popping up.
    I'm aware that it is an UNOFFICIAL opinion, is there anything available to me to refute it? I ran across STATE V. DURR 274 Ga. App 438,442,618 S.E. Zd 117, 120 (2005) as a precedent that unofficial opinions have no legal basis, correct me if I am wrong.
     
  16. Gunstar1

    Gunstar1 Administrator

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    Figures,

    If you mean court cases that refute it, then none currently fit that discription. However, GeorgiaCarry's sponsored case against Coweta county is scheduled to be heard in the spring by the Georgia court of appeals.
    http://georgiacarry.org/cms/category/ac ... s/60-days/

    You are correct, UnOfficial Opinions are not legally binding to any city, county or the state.
     
  17. slabertooch

    slabertooch New Member

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    Here is a copy of the email that I sent today to Judge Stephenson (I wrongfully identified her earlier as Judge Stevens).

    Judge Stephenson,

    Thank you for your help, it is much appreciated, it appears that some legislative rewording is due on the part of our elected officials. Thank you for the Attorney General's UnOfficial Opinion, I ran across it yesterday while doing some research.
    For your information I would like to point out that it has been established that Unofficial Opinions have no legal weight and are advisory in nature only, ATLANTA J'S, INC vs. HOUSTON FOODS, INC 237 GA APP. 415,417,514 S.E.2d 216,218 (1999). In addition I would like to point out that this opinion was rendered in 1978, Georgia law was changed in 1983 and 1986.

    All that being said I do understand your offices policy of waiting for the background check to come back, but I fear that potentially this could be an indefinite wait, as the statute states that in paragraph 4 of 16-11-129:

    (4) The law enforcement agency shall notify the judge of the probate court within 50 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a 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. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 days after the date of the application the judge of the probate court shall issue the applicant a license or renewal license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications, is of good moral character, and has complied with all the requirements contained in this Code section.


    I am not sure of the process, but is there a way to request an updated Official Opinion from the Attorney General that takes into account the current law?

    Once again thank you for your time, You and your staff have been very helpful
     
  18. slabertooch

    slabertooch New Member

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    Well Christmas came a little early this year. Went to the mailbox and Lo and behold, the much coveted yellow postcard. Going tomorrow to pick it up. Only 90+ days after application, so I guess the record stands :)