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Do you think I will see my permit in the next thirty days?

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Discussion Starter · #1 ·
I applied on Feb. 22. Spoke to the GBI today and they said they sent my history (non-existent) back to the Gwinnett PD on Feb 23. Called the probate court just now and spoke to a very helpful lady named Sherry. She pulled my file after I told her I spoke to the GBI and knew what date they sent my stuff back. She says she is currently working on January 7th applications and to give her at least another 30 days. She says the only thing on my application they have left to do is run my NICS check which is pretty much instant so I am hoping that since she already has my file in her hands and that she knows that is all that is left then she will go on and run it and push it through. She told me to call back if I don't see it in the next 30 days. I will try to keep everyone informed about the current Gwinnett timelines.
 

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csdevane said:
I applied on Feb. 22. Spoke to the GBI today and they said they sent my history (non-existent) back to the Gwinnett PD on Feb 23.
Guess they cannot blame it on GCIC, huh? :D

csdevane said:
She says the only thing on my application they have left to do is run my NICS check which is pretty much instant . . .
Sigh. :|

What is so hard to understand about what the law mandates that the probate court do?

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 Investigation's National Instant Criminal Background Check System . . .
O.C.G.A. 16-11-129(d)(2).

Does that say that the probate court is supposed to run a NICS check or that they are to direct the Gwinnett P.D. to run it?

There is no authority in the licenseing law for the probate court to run anything. Are they "the law enforcement agency," as that term is used in 129(d)(1), (2), and (4)?
 

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I'm trying to understand why the FBI/GBI check was not good enough...
 

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Discussion Starter · #4 ·
You would think that the FBI/GBI background checks and fingerprint runs would be that much more thorough than a NICS check.
 

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Rammstein said:
I'm trying to understand why the FBI/GBI check was not good enough...
Malum Prohibitum said:
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 Investigation's National Instant Criminal Background Check System . . .
O.C.G.A. 16-11-129(d)(2).
That's why.
 

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csdevane said:
You would think that the FBI/GBI background checks and fingerprint runs would be that much more thorough than a NICS check.
No, the NICS check is more thorough. Common misconception.
 

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Malum Prohibitum said:
csdevane said:
You would think that the FBI/GBI background checks and fingerprint runs would be that much more thorough than a NICS check.
No, the NICS check is more thorough. Common misconception.
True, NICS combines multiple databases including NCIC data.
 

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My personal opinion is that one should be issued the license based on the NICS check and a picture i.d. This would satisfy the federal NICS exemption.

It would also mean that firearms could be issued same day, with an occasional holdup of three days or so.

All the other checks add is fingerprinting. As explained here, fingerprinting has nothing to do with the NICS exemption, and, as anybody who has ever purchased a gun knows, picture i.d. and a NICS check is all that is required. If you have a firearms license, then the NICS check is not required because it was already done when you applied for the license.

The FBI and GBI checks are completely unnecessary and redundant.
 

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Well I can think of 2 reasons why you should have a fingerprint check.

If you killed someone but were never caught, your fingerprints would be in AFIS as unknown. If you applied for a GFL they would find out it was you. But then again if you were never caught, you could pass a NICS check and just buy a gun from a dealer.

Ok, so that is not very realistic... Well I can think of 1 reason why you should have a fingerprint check.

If you are a on the run or a felon that could not pass NICS under your own name so you get a new license from a new state issued in a fake name. A fingerprint check would confirm who you really are. But then again how many felons can or would successfully get a real ID in a new name when it is far easier to just carry a gun they stole without a GFL.

Ok, so that is not very realistic either... Give me some time, I might be able to come up with a reason why you should have a fingerprint check.
 

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From the looks of it in Georgia it is so some courts can delay issuing you a GFL. Print cards v livescan/digital :?
 

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My fiance's check (to the court) was already cashed... Does that mean anything? Do they cash the check even if you may not get the license for another couple months?

I currently hold two licenses to carry from other states. One took 13 days, the other (a non resident) took less than 3 weeks.

It's a shame that isn't the case everywhere. Geez
 

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Warp said:
My fiance's check (to the court) was already cashed... Does that mean anything? Do they cash the check even if you may not get the license for another couple months?

I currently hold two licenses to carry from other states. One took 13 days, the other (a non resident) took less than 3 weeks.

It's a shame that isn't the case everywhere. Geez
They keep your money regardless of the outcome.
 

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Gunstar1 said:
Warp said:
My fiance's check (to the court) was already cashed... Does that mean anything? Do they cash the check even if you may not get the license for another couple months?

I currently hold two licenses to carry from other states. One took 13 days, the other (a non resident) took less than 3 weeks.

It's a shame that isn't the case everywhere. Geez
They keep your money regardless of the outcome.
And there is no corelation between cashing the check and the lenth of time remaining until there is an outcome?
 

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My fiance's check (to the court) was already cashed... Does that mean anything?
My checked cleared the bank the next morning, means nothing.
 

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Warp said:
My fiance's check (to the court) was already cashed... Does that mean anything? Do they cash the check even if you may not get the license for another couple months?

I currently hold two licenses to carry from other states. One took 13 days, the other (a non resident) took less than 3 weeks.

It's a shame that isn't the case everywhere. Geez
Was it Livescan or ink in Gwinnett?
 

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Malum Prohibitum said:
Warp said:
My fiance's check (to the court) was already cashed... Does that mean anything? Do they cash the check even if you may not get the license for another couple months?

I currently hold two licenses to carry from other states. One took 13 days, the other (a non resident) took less than 3 weeks.

It's a shame that isn't the case everywhere. Geez
Was it Livescan or ink in Gwinnett?
Prints were electronic...if Livescan is what the process is called that's what it was.
 

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Discussion Starter · #19 ·
Mine were done with livescan. That is why I called GCIC and they returned it the next day to the court. The court is the one that is backlogged or so they say.
 

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csdevane said:
Mine were done with livescan. That is why I called GCIC and they returned it the next day to the court. The court is the one that is backlogged or so they say.
It's not often you find a court that admits it is the one not doing their job properly.
 
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