[budone1967]

I have a friend who applied for his GWCL in Cherokee County but was denied. He was denied because of a charge of child abandonment in 1995in Fulton County. He didn't abandon his kids, but he did fall way behind on child support and was arrested. He has made up all the back child support and his kids are grown now. He was told by a Fulton County Judge that his record was cleared up, but the Cherokee Probate judge won't issue the license. Does anyone here have any ideas on what the best way my friend can do to clear the up.


Edited to correct brain fart :righton:

 

[gunsmoker]

You said "the Cherokee Magistrate judge" won't issue the license? Well.... that may be part of the problem right there !!!
(Okay, I know that's a brain fart and you meant "Probate judge")


In general terms, your friend should:

1-- Get certified copies of the pubic records from Fulton County showing (proving!) that his child abandonment case is closed. Don't expect government employees to take the initiative to assume that this misdemeanor from 1995 is over and done, not still pending 15 years later. They will not assume anything and C.Y.A. is the rule of the day.

2-- Send the proof to the Cherokee Probate Court with a cover letter explaining that since there are no charges pending and there is nothing else in your background (your friend's background) that would make somebody ineligible for obtaining or renewing a GWL, the Court should reconsider its denial of the license and issue one quickly.

And if that doesn't work, pay some money and consult a lawyer, or see if GeorgiaCarry.Org wants to get involved. The Code section (16-11-129) does say specifically that there is a mandamus action or other civil action available if the Probate Court won't issue a license when they should.

 

[budone1967]

You said "the Cherokee Magistrate judge" won't issue the license? Well.... that may be part of the problem right there !!!
(Okay, I know that's a brain fart and you meant "Probate judge")

In general terms, your friend should:

1-- Get certified copies of the pubic records from Fulton County showing (proving!) that his child abandonment case is closed. Don't expect government employees to take the initiative to assume that this misdemeanor from 1995 is over and done, not still pending 15 years later. They will not assume anything and C.Y.A. is the rule of the day.

2-- Send the proof to the Cherokee Probate Court with a cover letter explaining that since there are no charges pending and there is nothing else in your background (your friend's background) that would make somebody ineligible for obtaining or renewing a GWL, the Court should reconsider its denial of the license and issue one quickly.

And if that doesn't work, pay some money and consult a lawyer, or see if GeorgiaCarry.Org wants to get involved. The Code section (16-11-129) does say specifically that there is a mandamus action or other civil action available if the Probate Court won't issue a license when they should.

I will let my friend know when I see him this weekend. I informed him that until he gets this cleared up he can not legally carry in his truck. Was I correct about that?

 

[CountryGun]

Unless there's something else in his history, he's not prohibited from having a firearm at home, in his car, or in his business (if he's in control, or the boss allows.)

 

[GAGunOwner]

You said "the Cherokee Magistrate judge" won't issue the license? Well.... that may be part of the problem right there !!!
(Okay, I know that's a brain fart and you meant "Probate judge")

In general terms, your friend should:

1-- Get certified copies of the pubic records from Fulton County showing (proving!) that his child abandonment case is closed. Don't expect government employees to take the initiative to assume that this misdemeanor from 1995 is over and done, not still pending 15 years later. They will not assume anything and C.Y.A. is the rule of the day.

2-- Send the proof to the Cherokee Probate Court with a cover letter explaining that since there are no charges pending and there is nothing else in your background (your friend's background) that would make somebody ineligible for obtaining or renewing a GWL, the Court should reconsider its denial of the license and issue one quickly.

And if that doesn't work, pay some money and consult a lawyer, or see if GeorgiaCarry.Org wants to get involved. The Code section (16-11-129) does say specifically that there is a mandamus action or other civil action available if the Probate Court won't issue a license when they should.

I will let my friend know when I see him this weekend. I informed him that until he gets this cleared up he can not legally carry in his truck. Was I correct about that?

IANAL. HMMV.

I think that he can carry his handgun in HIS personal vehicle.

 

[budone1967]

Unless there's something else in his history, he's not prohibited from having a firearm at home, in his car, or in his business (if he's in control, or the boss allows.)

He is self employed.

You said "the Cherokee Magistrate judge" won't issue the license? Well.... that may be part of the problem right there !!!
(Okay, I know that's a brain fart and you meant "Probate judge")

In general terms, your friend should:

1-- Get certified copies of the pubic records from Fulton County showing (proving!) that his child abandonment case is closed. Don't expect government employees to take the initiative to assume that this misdemeanor from 1995 is over and done, not still pending 15 years later. They will not assume anything and C.Y.A. is the rule of the day.

2-- Send the proof to the Cherokee Probate Court with a cover letter explaining that since there are no charges pending and there is nothing else in your background (your friend's background) that would make somebody ineligible for obtaining or renewing a GWL, the Court should reconsider its denial of the license and issue one quickly.

And if that doesn't work, pay some money and consult a lawyer, or see if GeorgiaCarry.Org wants to get involved. The Code section (16-11-129) does say specifically that there is a mandamus action or other civil action available if the Probate Court won't issue a license when they should.

I will let my friend know when I see him this weekend. I informed him that until he gets this cleared up he can not legally carry in his truck. Was I correct about that?

IANAL. HMMV.

I think that he can carry his handgun in HIS personal vehicle.

So because he was denied the GWFL dosen't neccessarily DQ hime form carrying in his truck? So this is different for being ineligable got the GWFL?

 

[GAGunOwner]

16-11-126

(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.

http://www.georgiapacking.org/GaCode/?t ... ection=126

To me it looks like as long as you can legally own a firearm, you can carry it in YOUR OWN motor vehicle without a GWL. As you probably know, being denied a GWL does not necessarily mean that you are prohibited from possessing a gun. I believe that your friend CAN legally possess a firearm.

 

[GAGunOwner]

16-11-126

(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135.

http://www.georgiapacking.org/GaCode/?t ... ection=126

I read this to mean that if you can get a GWL but you don't have one, you can carry in anybody's private motor vehicle. I also read this to exclude people under 21 but over 18 from carrying in other people's private motor vehicles. I also read this to mean that those that are denied a GWL but that are legally allowed to own/possess a firearm are prohibited from carrying in other people's motor vehicles.

 

[budder]

I have a friend who applied for his GWCL in Cherokee County but was denied. He was denied because of a charge of child abandonment in 1995in Fulton County. He didn't abandon his kids, but he did fall way behind on child support and was arrested. He has made up all the back child support and his kids are grown now. He was told by a Fulton County Judge that his record was cleared up, but the Cherokee Probate judge won't issue the license. Does anyone here have any ideas on what the best way my friend can do to clear the up.

Edited to correct brain fart :righton:

I don't see an issue in the code if the probate judge wants to deny based on the moral character clause. The relevant parts of the child abandonment statute read:

§ 19-10-1. Child abandonment; defenses and paternity testing; natal expenses and future support; verdicts, sentencing, and punishment

(a) A child abandoned by its father or mother shall be considered to be in a dependent condition when the father or mother does not furnish sufficient food, clothing, or shelter for the needs of the child.

(b) If any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, he or she shall be guilty of a misdemeanor. Moreover, if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, and leaves this state or if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, after leaving this state, he or she shall be guilty of a felony punishable by imprisonment for not less than one nor more than three years. The felony shall be reducible to a misdemeanor. Any person, upon conviction of the third offense for violating this Code section, shall be guilty of a felony and shall be imprisoned for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor. The husband and wife shall be competent witnesses in such cases to testify for or against the other.

 

[budone1967]

I have a friend who applied for his GWCL in Cherokee County but was denied. He was denied because of a charge of child abandonment in 1995in Fulton County. He didn't abandon his kids, but he did fall way behind on child support and was arrested. He has made up all the back child support and his kids are grown now. He was told by a Fulton County Judge that his record was cleared up, but the Cherokee Probate judge won't issue the license. Does anyone here have any ideas on what the best way my friend can do to clear the up.

Edited to correct brain fart :righton:

I don't see an issue in the code if the probate judge wants to deny based on the moral character clause. The relevant parts of the child abandonment statute read:

§ 19-10-1. Child abandonment; defenses and paternity testing; natal expenses and future support; verdicts, sentencing, and punishment

(a) A child abandoned by its father or mother shall be considered to be in a dependent condition when the father or mother does not furnish sufficient food, clothing, or shelter for the needs of the child.

(b) If any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, he or she shall be guilty of a misdemeanor. Moreover, if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, and leaves this state or if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, after leaving this state, he or she shall be guilty of a felony punishable by imprisonment for not less than one nor more than three years. The felony shall be reducible to a misdemeanor. Any person, upon conviction of the third offense for violating this Code section, shall be guilty of a felony and shall be imprisoned for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor. The husband and wife shall be competent witnesses in such cases to testify for or against the other.

So the judge can deny beause moral character? My friend is a self employed handyman and his business was struggling when all this happened. He paid all the money he owe and then some and his kids are grown now. Do you think this will have any bearing on swaying the probate judge into issuing a license.

 

[budder]

So the judge can deny beause moral character? My friend is a self employed handyman and his business was struggling when all this happened. He paid all the money he owe and then some and his kids are grown now. Do you think this will have any bearing on swaying the probate judge into issuing a license.

O.C.G.A. § 16-11-129 (d) (4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. 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 ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue such applicant a license or renewal license to carry any weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court.

The decision is up to the judge: all your friend can do is present his case. Having a lawyer would probably help advise him and present the evidence in the best way possible, especially when compared to bunch of nutjob postings on the internet.

 

[budone1967]

The part about the judge determining what is good "moral character" is what bothers me. A judge could determine that someone who loos at porn is not of good moral character and could be denied a liscense.


Anyway to get back on topic, I will advise my friend to consult an attorney and maybe try to have a sit down with the Cherokee Probate Judge for a FTF meeting.