How Long Does It Take For My License to Issue

Discussion in 'General GWL Questions' started by Malum Prohibitum, Feb 28, 2005.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Pursuant to O.C.G.A. 16-11-129(d), "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."


    Shall, it says.
     
  2. johnpeace

    johnpeace New Member

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    I was told at probate court that the GBI/NCIS(sic?) background check takes longer than 60 days...but that this is a recent, post 'war on terrorism' development.
     

  3. gundawg

    gundawg New Member

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    It ran 53 days for me last year.
     
  4. Taler

    Taler New Member

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    I applied last September in North Fulton (through the annex). Still waiting.

    A couple of things about the process were disturbing:

    First, nowhere in the code (at least as far as I can find) is there a requirement to provide your Social Security card/number. (Court demanded to see the card itself). I had to retrieve it as I DO NOT carry it on my person.

    Second, they asked why I wanted a permit, the implication being that, without a valid reason, the application would be rejected. (I told 'em "for self defense," as I figured "God given Right" or "Constituional Guarantee" might not be among the responses for which they were looking.)

    That being said, 60 days came and went a long time ago, and as of today, its been 5 3/4 months.

    Mike
     
  5. ber950

    ber950 Active Member

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    Interesting

    Sounds like a test case to me. Seriously you need to call and check up on your paperwork. You might want to suggest your lawyer will call next.
     
  6. coyy2k1

    coyy2k1 New Member

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    My wife and I had no problem getting ours in Henry County. I aplied for mine last February and received it within 5 weeks. My wifes came back even sooner than that, I think hers took like 4 weeks to get 8) . I have not heard of any taking longer than 2 months but I guess they can take there time ( isn't that the way the Gov. works) :cry: . I would really call to check on it though, it should not have taken this long.
     
  7. Taler

    Taler New Member

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    I have called once a month for the last two months.

    They told me it would take 4 - 6 months, which frankly fried me. They even post 4 - 6 months on the court website.

    I don't know about a test case, but I am a recent immigrant to GA from the PRCA (San Francisco area). Guess my thought is that if I'm a State Citizen, which I am, what is the problem? Paid taxes, voted, etc., in Georgia.

    Why can't the government follow the laws? I mean, does sixty days mean something other than sixty days? I admit I'm growing bored with "excuses" and "emergencies", and other government infringement. (Guess I ought to shut up, but I'm heading for the airport shortly, and preparing to have the pediotric and proctoscopic exams. (At San Francisco airport, the word is you can elect to get searched when you leave the plane, if you're of a mind. They call it a "publick service"))

    I glad we're all on board with getting some of this stuff straightened out.

    Friday a call to the courthouse, and assuming the usual, a call to my representatives.

    Thanks for the ear, and the advice.

    Mike
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Taler, your experience sounded downright hostile. One of the purposes of our GFL page is to give people a personal experience of what it was like to apply for a license in a particular county, not just directions from some web site.

    I would like you to wrote up an entry for Fulton County, including the location where you applied. If you need the format, please let me know (I think it is here somewhere on the new site). For "time until issuance," just put 6 months and waiting . . . we'll update it when (and IF) your license arrives.

    That kind of wait is a travesty.

    But this organization needs to know what is going on out there, so we know where the problems are. Knowing problems is the first step to developing solutions.
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Why do you need a license?

    I would hate to know what I might say in response to that . . .

    How about, "None of your business you government parasite . . ."

    Good thing I applied in a friendly, helpful county that bent over backwards and issued in about 6 weeks (in the "post terrorist" times - what a crock). If my county can do it, then YOURS can, too. The problem obviously lies with the county, not the state, as some counties are obeying the law and issuing within the timeline given in the statute.
     
  10. Molon Labe

    Molon Labe New Member

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    I know in Fulton County it took 6 months for my friend to get his permit.
     
  11. Taler

    Taler New Member

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    Thanks Friends,

    I will write it up Mal, but it'll have to wait until Friday.

    FWIW, the attitude wasn't so much hostile as it was they're in charge and... tough. Kind of like "this is the way we do it and you have no other choice but to sit and wait. We govy types will get it to you in our own sweet time."

    As the saying goes, there must be a poney here somewhere, or at least a judge or bureaucrat.

    Mike
     
  12. Gunstar1

    Gunstar1 Administrator

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    I have looked into this before. It is NOT the state that is causeing the delay, it is the county.

    I get reports occasionally though packing.org about the time it takes for certain counties.
    If 2 people submit for a permit on nearly the same day in 2 different counties, it is supposed to take roughly the same amount of time to get both permits back. The gbi/fbi background check is the same no matter what county submits the data. So if county A takes 55 days, county B should be near that amount of time. However some counties take 6 months. No valid explanation has been given for this.

    From the AG's office, the only way you could do something about it legally is if you were harmed (like robbed) while waiting for your permit.

    The 2 successful methods people have told me is:
    Call your rep and let him/her know that the probate court is acting illegally.
    Call the Probate Judge and have a polite discussion on the phone or even a personal meeting with him/her. They are the person who signs it and a polite call could have them pull out your permit from the stack and sign it. Remember, Probate Judges are elected.

    Your SSN is not required since it does not prove you are a Georgia resident. It's only possible use would be to speed the background check up. That doesn't seem to be helping though.
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    While I understand what you are saying, I wonder what they would do if you did not answer the questions that are not required, like "Why do you need a license," and then telling you that without a "valid reason," whatever that is, your permit would be rejected.

    Doesn't the statute say that the application forms are given to the county by the state? Those forms don't have those questions on them.

    16-11-129: "The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost."


    :shock:
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    OK, what is the name of the person who asked this question under threat of denying your license, and where does she work?
     
  15. Gunstar1

    Gunstar1 Administrator

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    Your SSN is not supposed to be used as identification. I can understand if they want to make sure you are not using a fake ID or something, but knowing your SSN should have been good enough, you should not have had to "show" your card.

    A few courts gave me "The AG's opinion says we can take longer" well I did a little research and:
    U78-45 The Unofficial Opinion of the Attorney General says that since a background check is an essential condition to the permit, the check must be completed before the permit is approved. To balance that the opinion also states that courts should strive to process the permit within 50 days or as quickly as possible.


    I believe the law was changed several times since 1978. Whatever reason they can come up with to break the law, I guess they will try it. I have found no legal recourse against those breaking the law. (Scary that Judges are the ones breaking the law)
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Writ of mandamus? :D

    Ok, it probably won't work . . .

    Maybe this is something to look at to be fixed by the General Assembly (not, however, as part of our current proposal for a bill).
     
  17. johnpeace

    johnpeace New Member

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    How about:
    "That's a good question. Why DO I need a license? This is, after all, a basic human right guaranteed by the constitution. Why does ANYONE need a license for this?"
     
  18. ber950

    ber950 Active Member

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    When I applied for my first permit.

    It was in Fulton county. I am familiar with Fulton. If they were not forced to issue permits they would not.
    They asked me back then why I wanted a permit even though their not supposed to. I have never heard of another county asking that question.

    Fulton county's bad policies was one of the catalysts for the passing of a shall issue law in the 1970's

    I hear Dekalb county is getting bad as well, but I only did renewals in Dekalb county. So I have no bad personal experience there.
     
  19. wwomack

    wwomack New Member

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    I don't live in Fulton but after reading this post I got interested.

    Their website specifically states 4 to 6 months:
    This is from http://www.myfultoncountyga.com/services/services_detail_T27_R152.html

    I don't see how an official policy of 4-6 months is in line with a law that states within 60 days. It doesn't seem to me that they are not even trying to comply with the law.
     
  20. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Should we apply a little pressure?