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

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

  1. Davers

    Davers Member

    88
    8
    8
    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
     
  2. DonT

    DonT Deplorable bitter clinger.

    5,638
    247
    63
    Davers likes this.

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

    27,600
    707
    113
    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.
     
    Davers likes this.
  4. Davers

    Davers Member

    88
    8
    8
    Thank you a TON !

    Hope I can save $ , but I'm willing to fight for this .
     
  5. Davers

    Davers Member

    88
    8
    8
    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
     
  6. Dan

    Dan Cumberland County, Maine

    1,296
    4
    38
    All I can say is good luck.
     
    Davers likes this.
  7. jrm

    jrm Sledgehammer

    4,516
    544
    113
    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.
     
  8. jrm

    jrm Sledgehammer

    4,516
    544
    113
    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.
     
    UtiPossidetis likes this.
  9. Davers

    Davers Member

    88
    8
    8
    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
     
  10. jrm

    jrm Sledgehammer

    4,516
    544
    113
    good luck
     
  11. Davers

    Davers Member

    88
    8
    8
    Thanks

    I was planning on visiting your beautiful State in November but it fell through but hope to make it up there in 2021 .
     
  12. MWAG

    MWAG Active Member

    2,026
    6
    38
    It's a gwcl not a gwcp... Maybe that's why you didn't get it... Cuz you trying to get the wrong thing
     
  13. Davers

    Davers Member

    88
    8
    8
    WOW YR REALLY SMART TO FIGURE THAT OUT ON YR OWN .
     
  14. Davers

    Davers Member

    88
    8
    8
    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
    phantoms, MSgt G, Scout706 and 3 others like this.
  15. UtiPossidetis

    UtiPossidetis American

    3,207
    264
    83
    Congratulations. Glad the Probate Court decided to honor your 2A right.
     
  16. Scout706

    Scout706 Well-Known Member

    3,604
    31
    48
    Thanks for the update.
     
  17. Savannah Dan

    Savannah Dan Cross-drawer

    6,993
    272
    83
    Good to hear. Congrats.
     
  18. awanatech

    awanatech Well-Known Member

    1,354
    175
    63
    Congrats and thanks for the update. Glad that the probate hearing went well.