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Discussion Starter · #1 ·
Need some input re:Renewal and admitting yourself to a Mental facility for a few days.

I think I am in a pickle.

I've had my carry license for 15+ years. My current license expires on May 1st.

Last year I was dealing with some extreme anxiety issues , so I admitted myself to a mental health institute for 6 days last June and have been seeing a therapist monthly.

I noticed they changed the application so it no longer specifies "if you have been committed".

Am I pretty much disqualified from renewing? I called the local probate office and they told me to ask a lawyer.

Anyone have any input or experience with this? Any help is appreciated. And no, I am not a danger to anyone. Anyone who knows me can tell you that.

:sad:

Thank you.
 

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Am I pretty much disqualified from renewing?
No, brother, no worries. Here is the law. Pay the $3 and apply for the waiver if necessary. It may not be necessary. This is the one area of the weapons licensing law in which the judge has any discretion. The judge may simply issue the license after reviewing your records or talking to the superintendent at the hospital or treatment center (see (b)(2)(J) below). If not, then you can file a petition for relief as provided in (b.1). I have quoted that below as well and provided a link to the statute if you want to look at it here on GPDO in the gun laws section.

Read below:

(J) Except as provided for in subsection (b.1) of this Code section, any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license;

. . .

(b.1) Petitions for relief from certain licensing exceptions.

(1) Persons provided for under subparagraphs (b)(2)(J) . . . of this Code section may petition the court in which such adjudication, hospitalization, or treatment proceedings, if any, under Chapter 3 or 7 of Title 37 occurred for relief. A copy of such petition for relief shall be served as notice upon the opposing civil party or the prosecuting attorney for the state, as the case may be, or their successors, who appeared in the underlying case. Within 30 days of the receipt of such petition, such court shall hold a hearing on such petition for relief. Such prosecuting attorney for the state may represent the interests of the state at such hearing.

(2) At the hearing provided for under paragraph (1) of this subsection, the court shall receive and consider evidence in a closed proceeding concerning:

(A) The circumstances which caused the person to be subject to subparagraph (b)(2)(J) . . . of this Code section;

(B) The person's mental health and criminal history records, if any. The judge of such court may require any such person to sign a waiver authorizing the superintendent of any mental hospital or treatment center to make to the judge a recommendation regarding whether such person is a threat to the safety of others. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department;

(C) The person's reputation which shall be established through character witness statements, testimony, or other character evidence; and

(D) Changes in the person's condition or circumstances since such adjudication, hospitalization, or treatment proceedings under Chapter 3 or 7 of Title 37.​

The judge shall issue an order of his or her decision no later than 30 days after the hearing.

(3) The court shall grant the petition for relief if such court finds by a preponderance of the evidence that the person will not likely act in a manner dangerous to public safety in carrying a weapon and that granting the relief will not be contrary to the public interest. A record shall be kept of the hearing; provided, however, that such records shall remain confidential and be disclosed only to a court or to the parties in the event of an appeal. Any appeal of the court's ruling on the petition for relief shall be de novo review.

(4) If the court grants such person's petition for relief, the applicable subparagraph (b)(2)(J) . . . of this Code section shall not apply to such person in his or her application for a weapons carry license or renewal; provided, however, that such person shall comply with all other requirements for the issuance of a weapons carry license or renewal license. The clerk of such court shall report such order to the Georgia Crime Information Center immediately, but in no case later than ten business days after the date of such order.

(5) A person may petition for relief under this subsection not more than once every two years. In the case of a person who has been hospitalized as an inpatient, such person shall not petition for relief prior to being discharged from such treatment.

http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=129
 

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Discussion Starter · #3 ·
OK, good deal...When i submit the application for renewal , should I request the waiver or provide a letter or other documentation ? I'd hate to just check "yes" and leave it open ended. They ask for a court order reference on the app, but there was no order. No 1013..I just walked in seeking help. Whats worse is that the facility diagnosed me as bipolar , but my current psychologist confirmed that I am in no way bipolar. Just dealing with GAD..

Thanks for the input Malum..Hate to lose this right.
 

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I would ask for the waiver and pay the $3 if it were me. Otherwise you are just delaying the process from the time when you checked "yes" until you provide the waiver.
 

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Discussion Starter · #5 ·
OK , Thanks Malum..I have my fingers crossed....I may try to go sometime next week..Just trying to get my ducks in a row...I want to be able to hand them contact info and dates, etc that I can submit with the app....
 

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OK, good deal...When i submit the application for renewal , should I request the waiver or provide a letter or other documentation ? I'd hate to just check "yes" and leave it open ended. They ask for a court order reference on the app, but there was no order. No 1013..I just walked in seeking help. Whats worse is that the facility diagnosed me as bipolar , but my current psychologist confirmed that I am in no way bipolar. Just dealing with GAD..

Thanks for the input Malum..Hate to lose this right.
They diagnosed you as bipolar for several reasons, not even knowing you: 1) its the diagnosis du jour, 2) it gets them greater time as an inpatient (read that as more $) and 3), it grants the MD greater latitude in use of medications without any worries about red flags upon facility review.
 

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This is why I keep hanging around! Good luck, and thanks MP!
 

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Something to consider. You were not COmitted. You ADmitted yourself. There was no other person involved to make your entry into the facility over your objections.

Your entry was at your own request, not the orders of another person who had the ability and authority to make that decision.

Nemo
 

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Discussion Starter · #9 ·
OK...Thank ya'll...see if I can get up there next week..I hope this goes well..
 

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Discussion Starter · #10 ·
Well , got a letter from the probate court stating "GA does not limit to involuntary but also to involuntary check in. There are a couple mechanisms that can be done to obtain a license." "Circumstances of the hospitalization merit it and the superintendent of the hospital would recommend it" "Apply for relief which the judge sent you a form for" ... :sad: I had a feeling this was going to be a challenge...When I first applied for renewal I asked for a waiver and they said they weren't aware of any waivers, that the judge would send me more information if necessary.. Ughhhh...
 

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Yes, the waiver is provided for in the law I quoted above. I might have paid the $3 when I applied and given them the waiver to save time (and I would have brought the law with me), but there is nothing we can do about yesterday. Bring them $3 and a copy of the law and provide the waiver.

You anticipated this might happen. Just roll with it. All will be fine.
 

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Discussion Starter · #12 ·
OK , Thank you for the assurance...
 

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I'm sorry you are going through this but am glad you brought it up here because my understanding was "involuntary" was in the regulations. It is clear from what MP posted that that word is not in the regulations. They state "any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application." So, no matter what the method of admission the only thing that matters is if one was an inpatient within 5 years of the application.

Good luck with your petition.
 

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Discussion Starter · #16 ·
Uti..Thanks for the vow of confidence....Yeah, I just dropped off the waiver and the Judge was there, so he took the time to talk to me in an office...He's a really good guy who seemed to understand completely...He said we'll work it out..Apparently the "voluntary" part was just added a few years ago....
 

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American
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Which county are you in? Acworth could be any of 3 counties.
 

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Discussion Starter · #18 ·
Geez, it's been a while....Never did update my profile...I am in Woodstock now...So it's Cherokee cnty...
 

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Geez, it's been a while....Never did update my profile...I am in Woodstock now...So it's Cherokee cnty...
Ah, I agree with you about the judges in Cherokee's probate court. Some of the best folks I have met at any courthouse. They'll treat you right if my experience is any guide at all. Good luck.
 

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Discussion Starter · #20 ·
Finally making some progress. The Supervisor at the center where I was no longer works there , so no one replied to the judges request for information\letter...Per the judges request to me, I finally got a letter from my Psychologist..So I am meeting with the Judge on this Wednesday...Oooof , what a long waiting process..Needless to say, I am hoping all goes well. I'll post back here to report how it goes. This Judge is awesome BTW. As stated above , everyone in Cherokee county seems to be quite helpful about everything..
 
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