How to get this cleared up.

Discussion in 'General GWL Questions' started by budone1967, Jan 28, 2011.

  1. budone1967

    budone1967 Die Hard GCO Recruiter

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    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:
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    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.
     

  3. budone1967

    budone1967 Die Hard GCO Recruiter

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    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?
     
  4. CountryGun

    CountryGun New Member

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    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.)
     
  5. GAGunOwner

    GAGunOwner Active Member

    IANAL. HMMV.

    I think that he can carry his handgun in HIS personal vehicle.
     
  6. budone1967

    budone1967 Die Hard GCO Recruiter

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    He is self employed.

    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?
     
  7. GAGunOwner

    GAGunOwner Active Member

    16-11-126
    https://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.
     
  8. GAGunOwner

    GAGunOwner Active Member

    16-11-126
    https://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.
     
  9. budder

    budder Moderator Staff Member

    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:
     
  10. budone1967

    budone1967 Die Hard GCO Recruiter

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    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.
     
  11. budder

    budder Moderator Staff Member

    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. ;)
     
  12. budone1967

    budone1967 Die Hard GCO Recruiter

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    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.