Hi I need some info on a firearms permit in forsyth county

Discussion in 'General GWL Questions' started by jeff22, Sep 30, 2005.

  1. jeff22

    jeff22 New Member

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    Hi i'm new to this forum and I need some help on a firearm permit I applied for in forsyth county where I live.Here is my problem I apply for a permit on 06/20/05 and I have waited three months ten days but still no permit in the mail.I called the probate court and they said I need to go before the probate judge has anyone here of this at all that you have to get your permit in a court room from a probate judge.I just got a letter about two days ago that said I had a court date on Oct.28.I thought that all you had to do is pay your money to the county you live in and to the state then in about two or three months you get your permit. :roll: I'm not sure if it is my age which i'm 22 years old or my good looks :) .I have never committed a crime in my life but they want me to go in court room to get it which I don't mind at all but does the judge have that right to hold my permit if i'm not a felony or i"m crazy. What happen to the 60 day law.Is there anything I can do to speed up the process.I want my permit for self-defense and for hunting because the LEO's like to give problems about a firearm in a car or truck where I live. I think if I had the permit they can't give you a problem about it and if they do you can tell them to go jump in a lake with a permit on hand.Sorry i'm a little steamed about my problem. :evil: Anyone can help please post a reply
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    (1) No permit required while openly carrying and hunting (firearms season) or fishing.

    (2) No permit required for car carry if in the glovebox, center console, or open and exposed to view.

    (3) OCGA 16-11-129(d) does indeed require the Probate Judge to issue your firearms license after the expiration of 60 days if no facts showing you are ineligible have come to light. In pertinent part, here is what the statute says about the police returning your information and what the Probate Judge should do.

    "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 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."
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    My suggestion (which is worth what you have paid for it :roll: ) is that you print out a copy of the statute.

    You may print out a copy of 16-11-129 here: http://www.legis.state.ga.us/cgi-bin/gl ... =16-11-129


    Highlight, in (d) the words “not later than 60 days,†“shall,†“if no facts,†and “have been reported.†Hand it to the clerk with a smile, and inform her that perhaps they were not aware they were violating the law, and you wanted to make them aware of what the state law was on the subject, and you would "please" sure like them to issue your license.

    I would do that today.


    I have never heard of a Probate Judge requiring one to appear in his courtroom to obtain a license. I have applied in two counties. In one county, they simply handed it over when I stopped by for a visit (in uniform as a police officer), and in the other, more recently, they simply mailed it to my house well within the state time limit.

    With that having been said, the fact that I have not heard of it is not the same as saying it does not happen.

    Whatever happens, please keep us aware of the process so we can add it to our database.

    Edit by Gunstar1 (link changed to the code)
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Maybe he is holding a hearing in his courtroom for the purpose of asking you questions to determine if you are of "good moral character." You haven't watched in rated R movies, have you?
     
  5. Gunstar1

    Gunstar1 Administrator

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    Not possible according to the AG's opinion U89-21. Here is the part in question:
    So as long as you have not been an in-patient in a mental hospital, alcohol, or drug treatment center then the probate judge must issue the permit. If you have been an out-patient at one of those, the judge may just want to be sure.

    That opinion is in MS Word 97, I will convert it for you and post a printable version later today.

    Please let us know what happens next, I am keeping a list of the courts that do not follow the law, and it seems Forsyth needs to be added.
     
  6. Gunstar1

    Gunstar1 Administrator

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    http://www.gfodl.org/u8921.htm

    oh and I would also suggest contacting your local Assembly members. Go to www.congress.org and put in your zip code. Your local reps in the Georgia Senate and House need to know what is going on in case a bill is put forward for them to vote on to change the situation. Sometimes they can help in the current situation but even if they can't, hopefully they will want to change the law to help others in the future.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    AG opinions are not binding on the Probate Judge.
     
  8. jeff22

    jeff22 New Member

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    Today I have just got my license from the forsyth probate

    Hi everyone I have just got my license today from the forsyth probate court.I found out that the judge got my background two months ago the judge told me he got all my info on Auguest 29 but he want to see if I was of moral charcter and why did I want them plus he asked what kind of guns did I have which I thougth it was not his business to asked that.My background came up clean but what makes me mad is if everything was ok why did he make me wait so long to give me them.When he me ask me why them I told him i'm a hunter and I belong to a gun club.Then he told me that I didn't need a ccw to use for hunting, Then I told him about handgun hunting in georgia and how I think it would easy for me to carry a handgun from home to the place that I hunt.All said and done I still got my CCw.I know I wiil not vote for this judge to be in is office again this judge didn't go by the 60 day law so he needs to be kicked out of office.So anyone live in my county please help me vote him out and bring the NRA down on him.I'm still steamed about all of this.Thanks everyone for your help.
     
  9. ICP_Juggalo

    ICP_Juggalo Active Member

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    You should be steamed about this :x as well as all of us. As long as your back ground comes back clean, the judge has no discretion as to issue or not issue your license. Clean back ground = he has to issue you a license whether or not he likes it. What is this judge's name?
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    And how, exactly, did he determine if you were of "good, moral character"? By asking you why you wanted your firearms license? I guess the wait was until the hearing date he set, right? He wasn't spying on you with a private investigator or something, was he?

    Is there a transcript of the proceeding? Usually these local things are recorded. Ask the court clerk for a copy of the tape.

    I would like to hear it before we use the Judge's name in a public forum.

    Gunstar 1, if you can get more detailed information from jeff22, we do not have any personal information on the Forsyth County link on the GFL page.
     
  11. Gunstar1

    Gunstar1 Administrator

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    I have emailed him.
     
  12. jeff22

    jeff22 New Member

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    Gunstar1 here is my story about my permit I went to the probate on the 17 of june to apply for my premit I payed 15.00 dollars to the clark of the court and got finger printed I didn't have time to go to the local ordinances office so I wait till the 20 of june to go.I did all of the finger printing at the ordinances office than I made out a money order payable to GCIC of 24.00 dollars.

    I waited three month before I called the the probate court the first time. Then I called about three weeks later and they said that I need to go before the probate judge and they would send a letter stated the day and time I need to be there which was October 28 at 1:00 pm.The judge was later on starting the court because some of the people that was spost to be there didn't show up.He start the court at 1:15 pm I think.

    He started by ask me why did I what the permit and need it. I told him that I'm a hunter and that I belong to bullseye marksmans gun range. He said that I didn't need it for hunting but I told that I wanted to handgun hunt and use it for the range plus self-defense if I need it god forbid I had to use a firearm to save my life which my feeling on that is one more felony stopped before they can do some more crimes.

    He asked me how manys do I have and what kind which I think that he shouldn"t have asked me that I thought that was a no-no to ask that so I named one of my 11 firearms that I own just to make him happy. He told me that I had a clean background and that see I might have the training at the range then he said that he would issue the permit to me and told me about the gathering law and public buildings.

    I asked about the gathering law and how many people it would take to be thought of a public gathering so I asked if 20 people could be called a public gathering and he said he was not sure so I think he does not know the law that good our something.

    I wanted to what took him so long to issue it and about the 60 day law. I think he said that he got my background on the 29 of august or september 29 but he want to talk to me first. He also said that a lot of people call the probate office and say that they will put the county under a law suit because of the 60 day law plus he said it takes a long time do a background check. To me it looked like he throw it off like it was no big deal about the law.

    Now gunstar1 get this I talked my friend into getting his permit he did his on august 30 and got is permit by mail on october 10 I think what up with that I had to wait 4 months to get mine and he had to wait about 6 weeks for his and he is 25 years old. Is age a factor or what?

    I hope this link will work for the probate court of forsyth county www.forsythco.com I think you can email this judge by my link. I still say you can vote them in and you can vote them out.

    If you need any more info please ask thanks everyone for the support.
     
  13. Gunstar1

    Gunstar1 Administrator

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    Well you have had the strangest experience I have heard of so far.
     
  14. jeff22

    jeff22 New Member

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    Gunstar1 sorry about my spelling yesterday I was typing to fast and a little sleepy. I just from work please forgive me.
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    On age: I was 21 or 22 when I obtained my first license in Fayette County. The ladies in the clerk's office were just as nice as could be. I don't even know what the Probate Judge looks like.

    It sounds as if your Probate Judge believes this is a discretionary issue state.
     
  16. Gunstar1

    Gunstar1 Administrator

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    Jeff22- No problem.

    I was 21 and got mine in 55 days.
     
  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I know everybody wants to get their license and are afraid of not getting their license issued, but I think I would have ahd a hard time restraining myself in this situation (and a failure of restraint could cause repercussions to my professional life . . .). The most restrained I could have been in this circumstance would have been to repeat after every question the judge asked me, "Your honor, does the now-overdue issuance of my license depend upon my answer to this question?"

    If he said no, then I would ask him whether he had anything relevant.

    If he said yes, then I would probably answer, but I would also ask him to defend his failure to comply with state law and remind him of his obligation. I would be prepared with a copy of the statute.

    Had he stated, as he did state, that he had simply sat on my license for two months, well, that sort of undermines his statement about the background check taking so long, doesn't it?

    I guess this is easy for me to say since I have never been put in this situation.
     
  18. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    May Issue

    This Georgia probate judge sounds like he's confused about the difference between "may issue" and "shall issue" states. Demanding an in-person interview with the applicant is common in states like New York, where the judge has wide authority to issue or deny permits, and where one day the judge may himself be questioned about why he chose to allow you to have a gun permit. In Georgia, the judge should have nothing to worry about--the answer would be that the judge had no information before him that indicated you were legally ineligible for a permit, therefore he HAD to issue you one within the time frame set by the legislature.
     
  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  20. mzmtg

    mzmtg Active Member

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    I plan to do exactly this if my license has still not shown up in the promised (yet illegal) 4 month period. I have already contact my reps at the State Capitol about this.

    When I get to the clerks desk, they will most likely defer to AG opinion U-78-45 as justification for not issuing the license within 60 days, but as we have all covered before AG opinions do not change state law.

    What should my immediate course of action be when I present the clerk with the highlighted copy of the state code and they simply refuse to issue my license?