I received a 'No Go ' on my GWCP but it's under appeal .

Discussion in 'General GWL Questions' started by Davers, Oct 10, 2020.

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  1. Oct 10, 2020 #1
    Davers

    Davers Member

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    After years of putting it off 'as the laws were vague on misdemeanor marijuana convictions ' .

    I finally applied for my GWCP in Cobb Co , in early Sept.

    After waiting 3 weeks for an appointment , then 3 weeks later I received an empty envelope & the paper saying since I had a Simple Assault / Simple Battery charge on Jan 2 2001 & later conviction .
    This was not a Domestic Violence situation , if it was I would have never applied .
    I'm able to legally purchase firearms also .

    So I called the Probate Court that day & talked to a Very Nice Gentleman , he stated I needed to get a copy of the case from the St Court & type up a summary of the events get the statement notarized then submit them to him / the court .

    I did that , & got a call from him saying I needed to have a Video hearing in mid November with the judge ( I'd much rather go to court myself being old school ) .

    Again this was not a domestic charge & nobody got hurt .

    Is this normal ?

    Thanks & Good Day Everyone .

    I
     
    Davers, Oct 10, 2020
    Davers, Oct 10, 2020
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  3. Oct 11, 2020 #2
    DonT

    DonT Deplorable bitter clinger.

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    DonT, Oct 11, 2020
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  5. Oct 12, 2020 #3
    gunsmoker

    gunsmoker Lawyer and Gun Activist

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    it is fairly common, but I think a full hearing like this is wrong and unauthorized by our current law (16-11-129, regarding the procedure for getting a license and when the judge may deny it.) The Probate Court judge may have been reasonable in asking you to submit an affidavit establishing circumstantial facts that would clarify whether or not your old assault case fits into the category of family violence / domestic violence.

    But, once you have submitted that affidavit and given a sufficiently detailed statement about the facts which show that it wasn't that type of case and you did not commit an offense that disqualifies you from gun ownership or carry permit eligibility it should end right there.
    At that time, when all the evidence points to your eligibility and there is nothing saying that you're not eligible, the judge is obligated to grant your license.

    So, I think you should have a lawyer either to help you prepare for the video hearing coming up, or to object to it, refuse to do it, and then sue in Superior Court to force the probate court judge to issue the license based on your file as it has been developed so far.

    If you prevail you can have your attorneys fees paid for by the Judge who wrongly denied your application.
     
    gunsmoker, Oct 12, 2020
    gunsmoker, Oct 12, 2020
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  6. Oct 12, 2020 #4
    Davers

    Davers Member

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    Thank you a TON !

    Hope I can save $ , but I'm willing to fight for this .
     
    Davers, Oct 12, 2020
    Davers, Oct 12, 2020
  7. Oct 12, 2020 #5
    Davers

    Davers Member

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    I tend

    I tend to agree , & understand "they" do not want people "Slipping through the cracks" .

    This event occurred almost 20 years ago and the DV Law was in effect at that time & IMO I'm pretty sure to officers involved would have charged me with that had it occurred .

    The Complainant was and still is a stranger to me . + I finished my sentence as mandated by the Judge in that case .

    Heck I even have a 'UPIN' on file cause of earlier mistakes on the laws / courts side ; & had to fix all that cause of a 'denial' during a firearms purchase & this case was not even part of that . ...Crazy IMO. Also I got the 'UPIN' cause of my very common name & did not want to have to go through another 9+ months of Mail Tag with the Fed's , if I was accidentally denied during a purchase again .

    Yes .. This case is on file in the county I'm applying in , so I assume they could have easily researched the case if needed.

    Oh well , I'm awaiting the instructions in the mail & until I think about what actions I may need to take concerning this case .

    Money is tight as it is for many , that said I will likely get some legal advice .

    Thanks for your reply / help .
    GD
     
    Davers, Oct 12, 2020
    Davers, Oct 12, 2020
  8. Oct 12, 2020 #6
    Dan

    Dan Cumberland County, Maine

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    All I can say is good luck.
     
    Dan, Oct 12, 2020
    Dan, Oct 12, 2020
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  9. Oct 12, 2020 #7
    jrm

    jrm Sledgehammer

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    Only if she does so and receives your response within the 10 days in which she has to issue a license. On the 10th day, unless facts have been established that you are prohibited, she must issue.
     
    jrm, Oct 12, 2020
    jrm, Oct 12, 2020
  10. Oct 12, 2020 #8
    jrm

    jrm Sledgehammer

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    OP, your application is not "under appeal." An appeal implies you are seeking a review of the initial decision form a higher authority. Your situation might best be described as under reconsideration. It matters, because the authority that gives an initial decision is driving the train in reconsideration. For example, telling you what information you have to provide, and how you have to provide it, etc.

    But I predict you will get your license. The probate judge just wants to hear you say the victim of the assault did not have a domestic relationship to you. The problem is that's not what the law provides.
     
    jrm, Oct 12, 2020
    jrm, Oct 12, 2020
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  11. Oct 14, 2020 #9
    Davers

    Davers Member

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    Thanks for your reply jrm , I've come to respect your opinion on this forum in the 7 years I've been a member & lurking .

    You are correct about my legal terms , It is a 'reconsideration ' not an appeal & yes the burden is on me .

    Ill wait for the court date & will update after.

    Thanks
     
    Davers, Oct 14, 2020
    Davers, Oct 14, 2020
  12. Oct 14, 2020 #10
    jrm

    jrm Sledgehammer

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    good luck
     
    jrm, Oct 14, 2020
    jrm, Oct 14, 2020
  13. Oct 14, 2020 #11
    Davers

    Davers Member

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    Thanks

    I was planning on visiting your beautiful State in November but it fell through but hope to make it up there in 2021 .
     
    Davers, Oct 14, 2020
    Davers, Oct 14, 2020
  14. Oct 15, 2020 #12
    MWAG

    MWAG Active Member

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    It's a gwcl not a gwcp... Maybe that's why you didn't get it... Cuz you trying to get the wrong thing
     
    MWAG, Oct 15, 2020
    MWAG, Oct 15, 2020
  15. Nov 16, 2020 #13
    Davers

    Davers Member

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    WOW YR REALLY SMART TO FIGURE THAT OUT ON YR OWN .
     
    Davers, Nov 16, 2020
    Davers, Nov 16, 2020
  16. Nov 16, 2020 #14
    Davers

    Davers Member

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    Well , I did my Video hearing with the Judge today & she stated I was good to go ( not in those words 'MWAG' so you don't get confused again ).

    It's been a long time coming & I'm now proud to be able to leagally protect myself & my family in most places .

    I thank everyone for their help & kind words over the years .

    Davers/ Davey
     
    Last edited: Nov 16, 2020
    Davers, Nov 16, 2020
    Davers, Nov 16, 2020
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  17. Nov 16, 2020 #15
    UtiPossidetis

    UtiPossidetis American

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    Congratulations. Glad the Probate Court decided to honor your 2A right.
     
    UtiPossidetis, Nov 16, 2020
    UtiPossidetis, Nov 16, 2020
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  18. Nov 16, 2020 #16
    Scout706

    Scout706 Well-Known Member

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    Thanks for the update.
     
    Scout706, Nov 16, 2020
    Scout706, Nov 16, 2020
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  19. Nov 17, 2020 #17
    Savannah Dan

    Savannah Dan Cross-drawer

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    Good to hear. Congrats.
     
    Savannah Dan, Nov 17, 2020
    Savannah Dan, Nov 17, 2020
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  20. Nov 18, 2020 #18
    awanatech

    awanatech Well-Known Member

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    Congrats and thanks for the update. Glad that the probate hearing went well.
     
    awanatech, Nov 18, 2020
    awanatech, Nov 18, 2020
  21. Dec 2, 2020 #19
    Davers

    Davers Member

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    I want to thank everyone for the kind reply's & the congratulation's.

    As of today I still have not received my Card , I know it takes time but I check the mail with excitement ; only to get bill's & dang political wastes of paper .

    It should be here soon , if I don't receive the ID Card by Jan 2 2021 , ill make some inquires.

    God bless everyone .
     
    Davers, Dec 2, 2020
    Davers, Dec 2, 2020
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  22. Dec 3, 2020 #20
    Nemo

    Nemo Man of Myth and Legend

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    Just remember to get yourself and everyone you know to the polls soon. Flip the right (leaning) which is also the correct lever.

    Nemo
     
    Nemo, Dec 3, 2020
    Nemo, Dec 3, 2020
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