Henry County Question On April 13th I applied for my carry permit at the Henry County Probate Court. Now that it has been just under 60 days I decided to call them and check on the status. I was immediately told that new permits took 4 or 5 months. I replied that this was not my understand and that Georgia was a 60 day "Shall Issue" state. The person on the phone replied "hold on, hold on" and then transferred me without letting me know they were going to. My call was picked up by someone in the department of vital records. I explained what my question was and they also stated that it would take 4 to 5 months. I again stated that this violated state law because Georgia is a 60 Day Shall Issue state. The person on the phone stated that the Brady Bill superceded the state law. I immediately asked for clarification because that is not my understanding from the reading and research I have done. The person on the phone said "well, since they passed the Brady Bill again that is the law, however, I can have my supervisor call you." I asked them to please have them do so. My questions are as follows: 1) Has anyone else had this experience in Henry County? 2) Is there any credibility to what they were saying about the Brady bill? 3) What do you suggest as next course of action to pursue this? Personally, I do not believe that I will get a call from the "supervisor." I expect that I will have to call back myself and will get the run around unless I am will/able to take leagal action. However, as I do push forward I would like to know with some certainty that they are just giving me the run around and are not standing on solid law. Any input would be appreciated! -Robert
Robert, Welcome to the forum! The Brady Bill addresses the process for purchasing a handgun. It does not address state licenses to carry weapons. States are not even required to have licenses to carry. Some states, like Wisconsin, have no provisions for issuing licenses. Some states, like Vermont, do not require licenses and allow anyone to carry. It is completely up to states, consistent with their own constitutions and the U.S. Constitution, to decide whether and how to regulate and license the carrying of guns. The only relationship I can conceive of between the Brady Bill and Georgia Firearms Licenses ("GFLs") is that the General Assembly changed the law this year (it does not take effect until July 1) to require that the national instant background check system be utilized when issuing a GFL. The NICS was developed in response to the Brady Bill. But, again, the law has not yet taken effect. Even when it does, there is no reason to believe that using the national INSTANT background check system will inject an additional 2-3 months into the process.
I tried to apply back in late March in Henry County, the day I got my new Georgia DL. Went down to the probate court and when she saw the date on my license (that day) she told me that I couldn't apply because I had to be a county resident for 90 days. Went back home and read the code, word for word and of course there is no 90 day requirement. Called her up and asked her exactly where in the code does it say the 90 days. She said she'd check and call me back. An hour later she calls back and says it's in her court 'handbook'. So when I ask if her handbook is written on Georgia code she says 'of course'. So I tell her if her book is written on GA code then we're back to square 1 because it's not in the code. She checks with her supervisor and calls me back another hour later...says they can't find the actual wording in the code (but they know it's there) so she 'guesses' it would be ok if I come back down and apply. Fast forward to day 65. Called and asked the status of my permit. "Sir, you were told it would be 12 to 16 weeks"...yes m'am - but the law says 60 days..."well we have to wait for the background check because we can't just issue permits to anybody who applies...then everybody would be running around with guns" (no kidding, she actually said this verbatim). Yes m'am - but the law says 60 days whether or not you have the report back. "Well you'll just have to wait the 12 to 16 weeks." No m'am, I would like to schedule an appointment with the probate judge, can you arrange that? "I'll have my supervisor call you back." Never called back. I'm going to call the AG's office this morning and see if I can get anywhere. Amazing to me that I can get a class 3 weapon transferred and approved and delivered before I can get a stupid GA CCW...
AG's office will not respond to you. They are not being rude, it is just not their job. You might get further with your state representative, who, by the way, can get an AG opinion. We have had no luck with having Probate Judges request an updated opinion. The Probate Judges are quite happy with the 1978 opinion and have no interest in having another opinion issued by the AG.
Still no call back from "the Supervisor." Starting tomorrow I call every hour on the hour. I am also looking at pursuing this legally. Finally, I just wrote Neal Boortz....who knows/ Cheers, Robert
I would exercise extreme caution in taking this approach. They are likely to get ticked off and say something that will tick you off, which will cause you to say something that will come back to haunt you if you do "pursue this legally." Just a word to the wise.
They also have the extreamly vague "good moral character" line in the law that they could use to deny the permit if you do or say something they do not like.
I thought that was just a prohibition that meant: . . . neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor homosexuals, nor thieves, nor the covetous, nor drunkards, nor revilers, nor swindlers . . . shall get a fireams license. That's not correct?
Instead of calling evey hour, why not take a copy of the code with you to the office and request to see the judge. If you don't get satisfaction then, inform the clerks and th judge politely that this issue has been noticed by others in the county and that a group is forming to generate publicity about it with hopes to make it an issue in the next election and seeing as how Henry County is Republican the issue will probably take hold.