HB 1032, attempt to re-qualify the GFL as NICS exempt

Discussion in 'Previous Bills' started by Gunstar1, Jan 22, 2006.

  1. jrm

    jrm Sledgehammer

    3,458
    1
    36
    Gunstar1, the difference is pretty subtle, but there is one. HB 952 prohibited licensing to someone convicted of a misdemeanor crime of domestic violence. HB 1032 has the same prohibition, but the prohibition does not apply if it has been 5 years or more since the end of probation or confinement from such conviction. So, the conviction is not a permanent bar to getting a GFL.
     

  2. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    I figured it would not be exactly the same. I did not have time to go through both side by side to figure out exactly what was the difference.
     
  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,067
    241
    63
    Sounds like somebody removed the floodgates on gun bills this legislative session.
     
  4. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    HB 1032 has been changed as well. It changes a LOT of stuff in 16-11-129 some of it a lot better than the original bill and a few needed tweaks to the law.

    It will take me a bit longer to go through it all to know if I like this version. I did not like the first version at all.
    http://www.legis.state.ga.us/legis/2005 ... hb1032.htm
     
  5. jrm

    jrm Sledgehammer

    3,458
    1
    36
    This is a lot better in terms of cleanly trying to comply with federal requirements for a GFL to qualify as an alternative to the NICS check. There still are some concerns with the process that the bill does not address. For example, we know from experience that renewals typically are processed much faster than initials, and the only difference is fingerprints with renewals. The inclusion of fingerprints with renewals raises the concern that renewals will take too long. Temporary renewals still are available for 90 days, but many counties take longer than 90 days to issue initials (and presumably will take just as long to issue renewals with fingerprints). If the ATF would not object to temporary renewals remaining valid until the renewal application is either granted or denied, then the delay would be immaterial.

    And, of course, we still have the problem of initial applications not being processed within the time required by law. Probate courts blame GCIC and GCIC says it processes background checks quickly.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,067
    241
    63
    For some reason, I thought I rememebered that correspondence with GCIC on this very issue (period of time for fingerprint processing) was on this site. Do I remember incorrectly?
     
  7. jrm

    jrm Sledgehammer

    3,458
    1
    36
    I don't remember that, but my lack of memory certainly is no evidence that you remember incorrectly.
     
  8. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    I remember it, but that is because I am the one that called the GCIC. :D
    I am sure it is in another topic somewhere, however it is also posted on packing.org:
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,067
    241
    63
    That's it! Thanks, Matt.

    I wonder if we can get that in writing or if they keep a record of turnaround times . . .
     
  10. jrm

    jrm Sledgehammer

    3,458
    1
    36
    If they do keep a record, then they probably would be able to provide it in response to an open records request. Also, an individual applicant probably could get information about his or her particular case if that applicant happened to have the discovery process available to him or her for some reason.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,067
    241
    63
    Yeah, that's why I was asking.
     
  12. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    If I remember correctly, there was a post about someone emailing GCIC to find out if they had completed his BG check because the Probate court said it was GCIC delay, the GCIC emailed back and said the check was completed a month ago.

    I can't find it here. So it was either on Packing.org, or sent to me by email or PM.
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,067
    241
    63
    Hang on to any detailed information if you locate it. PM if you need to know why. It think it could prove useful.
     
  14. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    This bill was scheduled for debate on the House Floor today. I am watching right now to see if they have or not.
     
  15. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    I had a chat with my local gun dealer and he said he doubts this bill will requalify the license for NICS exempt.

    He said that it would also have to cover the removal and revokation of already issued permits. He said that right now a person could be convicted of domestic violence, and they would give that person their GFL back along with all their personal belongings when they were released from prison.

    I don't know if this is true or not but it would be a shame to pass this law, make renewal permits issue time longer and still not get NICS exemption back.
     
  16. jrm

    jrm Sledgehammer

    3,458
    1
    36
    He probably has a point. I think what they have done in other states is say that licenses issued on or after date X qualify and licenses issued before date X do not.
     
  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,067
    241
    63
    I do not see any provision for revoking licenses from people convicted of committing crimes.

    It also looks like this bill is, for the most part, simply recognizing what is already being done with respect to the fingerprints . . . or did I miss something?

    All this leaves me wondering, however, why the issue is left in the hands of one local probate judge per county. Why not have the state issue them, as in other states?

    Is there a benefit to have your local Fulton County Probate Court issue the license?

    I can list some downsides to doing it that way.
     
  18. jrm

    jrm Sledgehammer

    3,458
    1
    36
    MP,

    It specifically denies a license to someone ineligible to receive a firearm under federal law. The current license requirements do not do that.

    I agree with your comments about probate courts not necessarily being the best system to use to issue licenses.
     
  19. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38