New probate court newsletter

Discussion in 'GA Laws and Politics' started by ber950, Feb 23, 2007.

  1. ber950

    ber950 Active Member

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    The new issue of The Gavel is out.
    http://www.georgiacourts.org/councils/probate/prob_newsfeb07.pdf

    Firearms Committee - Judge Tate pointed out a report from the committee meeting held November 3rd by way of GoTo Meeting was behind tab four in the agenda. Items of discussion were as follows: Live Scan, the Appeals Process, Mental Health and Outpatient Commitment. She announced the committee plans to revise the firearms license application to include an Issue of Affidavit; upon revising the forms, it was not realized the Federal Bureau of Investigations (FBI) wanted this in place. Judge Cason requested the committee to consider deleting the language “temporary permit†from the Code. This would alleviate problems for the probate courts. Federal Law does not recognize temporary permits. As another alternative, Judge Self
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Huh?

    Was the Department of Public Safety involved in this?

    Huh? I do not know about the FBI, but the ATF accepts everything about our license and application. Georgia is even on the approved list since last summer.

    Yeah, I bet it would! :lol:

    Translation of the word "problem" from probate-speak into English, problem means people requesting that to which the law entitles them, and lawsuits when the probate courts adamantly refuse to perform what the law directs.

    Anyway, to what committee was this spoken? The probate council's firearms committee can't do anything about the Code. Maybe we are seeing the initial planning stages of a lobbying effort in the General Assembly. I think it is too late for this session, but keep your eyes open!
     

  3. kkennett

    kkennett New Member

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    Ummm, Judge Cason has demonstrated her ill regard for the Legislature several times already. Now she proposes to eliminate "temporary permit" form the code? While I am no polysci grad, I seem to recall that the legislature gets to make the code and the judges get to follow it.
     
  4. ber950

    ber950 Active Member

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    Hey I know to not trust the probate courts. That is why I keep checking their website.
    MP I knew you would find this interesting. I suspect the rest of the board will as well.

    I imagine they read our website as well.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    "Federal law does not recognize temporary permits."

    What is a "permit," and what does federal law have to do with recognizing anything?

    "As another alternative, Judge Self suggested instead of striking the language, perhaps they could adopt the most common terminology regarding the permits."

    Anybody know what a permit is? And what is the most common terminology regarding the permits? Are these people speaking English?


    Judge William J. Self II is the probate judge of Bibb County.
     
  6. Gunstar1

    Gunstar1 Administrator

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    The next section in the newsletter talks about the "legislative committee". Which is the PC's lobbying committee it seems.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    What do probate judges have to do with fingerprinting?

    All through the Gavel there is discussion about installation of Livescan machines, training, and who may operate them. O.C.G.A. 16-11-129 does not permit this for firearms "permits." The law enforcement agency is to do it.

    Do they fingerprint for other reasons?

    Apparently several probate courts already have them installed.

    I would fight this when I apply and make them do it like the law states. Hopefully this is for some other purpose.
     
  8. Gunstar1

    Gunstar1 Administrator

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    The judges obviously cannot read the law, or at the very least comprehend the basic and obvious meaning. Those that can ignore it.
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    O.C.G.A. 16-11-129(a) states:

    The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost.

    Besides, what is meant by "Issue of Affidavit?"

    Does anybody besides me get the feeling these statements are intentionally vague?
     
  10. Gunstar1

    Gunstar1 Administrator

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    O.C.G.A. 16-11-129(a) states:

    The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost.

    Besides, what is meant by "Issue of Affidavit?"

    Does anybody besides me get the feeling these statements are intentionally vague?[/quote:1jxak65l]

    I have a thought on why this is happening. The federal purchase form has on it the notice that lying on the form is illegal. Since we also now have to pass those same checks the Feds want the applications to include a similar court enforcable notice about lying. (I must admit that it is not needed since you are not purchasing a firearm but are carrying it, even with the GFL NICS exempt you still have to fill out that federal form and sign it, but that may not mean anything to the Feds).

    I hope they don't mean we have to get something notorized. All the GFL says about the issue is
     
  11. S&W 40

    S&W 40 Active Member

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    Idiots :?:

    Why do they want live scan? Chatham is requiring the Sheriff dept to do cards, is it that maybe they do want to do the right thing and get us better service :?: :?: :twisted: