Georgia Firearm Forums - Georgia Packing banner

1 - 20 of 38 Posts

·
Registered
Joined
·
30 Posts
Discussion Starter · #1 ·
Does anybody know the law on this.

I called and they said I need to reapply. They were able to look up my record and see my information. I recently renewed and consider it a real pain in the ass that they require this.

Anybody?
 

·
Moderator
Joined
·
68,926 Posts
Yeah. They are either lying, or they simply do not know any better.

So you will have to educate them.

O.C.G.A. 16-11-129(e) says in pertinent part:

Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services.


Code Section on fee for issuance of a replacement firearms license - O.C.G.A. 15-9-60(k)(13)
$5.00
 

·
Premium Member
Joined
·
8,460 Posts
robpiat said:
Does anybody know the law on this.

I called and they said I need to reapply. They were able to look up my record and see my information. I recently renewed and consider it a real pain in the ass that they require this.

Anybody?
They are wrong. Either that or the law is...
16-11-129
(e) Revocation, loss, or damage to license...

... Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services.
Emphasis is mine...

That fee specified in 15-9-60 is $5.

So they should charge you $5 and give you a replacement. A rubber stamp ink pad can be used to get your thumb print again.
 

·
Registered
Joined
·
30 Posts
Discussion Starter · #4 ·
I didn't have the details but told them I had read that it was a $5 fee for lost...

They told me the law changed last July. I think they are full of :censored: .
 

·
Premium Member
Joined
·
8,460 Posts
robpiat said:
I didn't have the details but told them I had read that it was a $5 fee for lost...

They told me the law changed last July. I think they are full of :censored: .
At the top of the page that code section came from was this:
*** Current through the 2006 Regular Session ***

What I quoted INCLUDES everything that changed in the law last July.

So they are confused or down right lying.

The Online code wont let me do deep links directly to the code section so go to http://w3.lexis.com/hottopics/gacode
search for: 16-11-129
It will probably show up as the 3rd or 4th result.
Click on the 16-11-129.
Then print it out, and show the probate court subsection (e).

Then when you get the replacement, before you leave give them the paper and tell them you have heard form others in the area that the court should also read subsection (i) about temporary renewals.
 

·
Moderator
Joined
·
68,926 Posts
Well, since the 2007 session just started nine days ago and nothing has yet been passed, it includes everything. The change to 129 went into effect July 1, but nothing after subsection (d) was touched, and the probate judges darn well know this.

robpiat - This was not repealed. Drive over to GSU Law School and get the most recent statute from the statute books if that makes you feel more comfortable (I have them on the shelf and they say the same thing).

When I again inquired about the temp (I forgot my birth cert the first visit), I was told that the county does not issue them. I pointed out that state law specifies that they will be issued. Her response? "Where are you getting all this? The internet? I wish people would stop posting that stuff, because it just isn't true!"
 

·
Premium Member
Joined
·
8,460 Posts
The easiest way to explain it is that the 2006 regular session includes any laws passed last year that went into effect in July 2006.


The long explaination is that from January to the end of March is the regular session for the year. Unless a special session is called, Jan to March is all the time the General Assembly has to pass laws until next year.

If a bill is passed by the house, senate and not vetoed by the Governor, it will be law July 1st (unless another active date is stated in the bill).

So if they say the law changed last July, then it was passed during the 2006 regular session. Since I am 99% sure we did not have a special session last year, "current through 2006 session" means the law is up to date for ALL bills.

I don't think any bills have been passed yet in this years 2007 session, but if there are, then they have not been included yet.
 

·
Registered
Joined
·
30 Posts
Discussion Starter · #11 ·
I have talked to 3 or 4 different people down there and they all insist that I need to reapply. What a PITA.
 

·
Registered
Joined
·
30 Posts
Discussion Starter · #13 ·
I have not. Not a member of GCO yet.

I talked to an administrator there, James Brock, who said that you are required to go back through the process due to the FBI requirements for the background checks...
 

·
Registered
Joined
·
5,798 Posts
Ask them to show you those requirements. Then when they find none tell them to fire up the laminating machine.
 

·
Moderator
Joined
·
68,926 Posts
Rammstein said:
Ask them to show you those requirements.
And make sure they have a Code section number on them. :wink: Tell Mr. Brock that if he is having trouble finding those provisions, he can start looking in the provisions we already provided.
 

·
Registered
Joined
·
30 Posts
Discussion Starter · #16 ·
I went down there in person today. I asked the attendant, she said no replacements but I can talk to her supervisor. Supervisor came back from lunch, and she said there was nothing she could do and to simply reapply.

I then asked for an appointment with the judge...They said I'll see if Mr. Brock is available. I met with him for a good 10 minutes in his corner office. He stated that federal regulations(which he couldn't produce) based on their NICS waiver precluded them from issuing a replacement.

I explained and showed him the state law, and then he countered "Then Sue Us."

:x
 

·
Moderator
Joined
·
68,926 Posts
robpiat said:
He stated that federal regulations(which he couldn't produce) based on their NICS waiver precluded them from issuing a replacement.
Federal regulations he could not produce? :?

robpiat said:
I explained and showed him the state law, and then he countered "Then Sue Us."
:x
Well, at least he made it clear to you what you have to do.

Taler, he knows it is not his own money, or he would never have made such an asinine statement. Anyway, the probate court is quite sure to win any lawsuit once it tells the judge "that federal regulations (which [they cannot] produce) based on their NICS waiver preclude them from issuing a replacement."

The judge will find in their favor right away! :lol:
 

·
Registered
Joined
·
6,172 Posts
Just who is the Fulton Cty. Probate Judge?

Whadda ya say we try to get him unelected next time?

Anybody interested in running for the office? I'll do what I can to help you do it!
 
1 - 20 of 38 Posts
Top