o sure if my firearm rights are restored in Georgia

Discussion in 'General GWL Questions' started by kraneworldchamp, Jan 3, 2016.

  1. kraneworldchamp

    kraneworldchamp New Member

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    Hello Everyone I just moved to Georgia and would like to buy a firearm.I am a desert storm Veteran and in 1991 when I came back from desert storm I brought a 9mm back with me (one of theirs).This was in New York. one night I was leaving my girlfriends house and was searched by the police they found the gun and I was arrested I was given 5 years probation and a certificate of relief with box A checked .it says it relives all forfeitures and bars with the exception of being able to hold public office.i was told that I would be able to apply for a permit in new York but im wondering if this means that my rights to possess a weapon in Georgia are restored does anyone have any experience with this ?

    Thanks in Advance
     
  2. Alabama Jones

    Alabama Jones Señor Member

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    Thank you for your service, and welcome to GPDO!

    I can't answer your question, but it sounds like you should be ok.
    I expect some of the resident attorneys will chime in shortly.
    I think I would go ahead and apply for my weapons license, and
    if that is approved, you should be good to go on a gun purchase.
    If not approved I would secure an attorney well versed in these
    cases and get my record cleaned up.

    Good luck! Let us know your results.
     

  3. Nemo

    Nemo Man of Myth and Legend

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    1, Make sure you have a copy certified copy of the paperwork available should the court question it. That should be sufficient for the court. Once you have that you can purchase without a background check that might snag you. If you only have one, let the court review and copy it but make sure you keep that one. Just in case it becomes very tough to get another.

    2, Try a purchase and see how that goes, but have a copy available to challenge/appeal the denial if necessary.

    3, Official face to face consult with good counsel for their thoughts on the issue.

    Those are pretty much your top options as I understand your situation. You pick the order.

    Nemo
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    WELCOME TO Georgia.

    The key question is whether what happened to your case counts as a "conviction" for a "felony" crime.
    Since this was a New York crime prosecuted in the NY State court system, we would have to look at their laws and their court rulings about what is a "felony conviction" and whether gun-related crimes are treated any differently than other crimes.

    If you are a convicted felon, you cannot own guns, possess guns, or even possess any ammo. That's per federal law, which must be obeyed in every state, even in states that are not that strict.

    You might need to contact your attorney (if you had one) in NY, or some other NYS- licensed criminal attorney, or at least do some research the matter yourself. You need to know exactly what happened to your case and what exact legal terms or phrases apply, and then you need to turn your attention to figuring out if any legal disabilities follow such a disposition of your NY case.
     
    Last edited: Jan 3, 2016
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    According to this NY State summary about the subject of relief from forfeitures,
    the law of NY says that gun licenses are included in the kind of licenses and permits that you cannot be disqualified from getting (or keeping) simply due to the crime for which you got relief.

    However, the article says that when the government agency has discretion to consider your moral character as one of the qualifications for a license, the agency can consider the offense you committed as evidence that you are not of good moral character.

    Georgia's weapons carry permit law is not considered discretionary, and we are a "shall issue" rather than a "may issue" state, BUT our law also contains a line that says the probate judge can deny you a carry license if you are "not of good moral character."

    http://www.criminaljustice.ny.gov/o...relieffromforfeituresanddisabilitiesqanda.pdf
     
  6. kraneworldchamp

    kraneworldchamp New Member

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    Thank you very much guys for your input I went to the court in new York about a month to get a copy of relief from disabilities and they had to order the file from storage because the case was so old .when it came back I had them make 4 copies and certify them all for me so I have a couple of certified copies . The conviction was a D felony I read some cases where in new York convicted felons were issued a gun permit with the certificate of relief . I think I will go ahead and apply and see what happens I will keep everyone posted
     
  7. kraneworldchamp

    kraneworldchamp New Member

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    Hello Everyone here is my update I applied for the license and just got my letter back today I was denied it say O.C.G.A s16-11-129 provides that no weapons carry license shall be granted to any person who has been convicted of a felony by a court of this state or any other state and has not been pardoned for such a felony .It goes on to say even though I submitted a certificate of relief from disabilities which does relieve me of all forfeitures and all disabilities and bars to employment it states that the certificate shall not be deemed nor construed to be a pardon. Can anyone on here recommend a Attorney who can help me get my gun rights here in Georgia .Thanks in advance
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    (678)3 six 2-7650
    Ask for John Monroe
     
  9. Gunstar1

    Gunstar1 Administrator

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    This :goodpost:
     
  10. Nemo

    Nemo Man of Myth and Legend

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    Yeps. :ditto::goodpost: He da man!

    Nemo
     
  11. kraneworldchamp

    kraneworldchamp New Member

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  12. kraneworldchamp

    kraneworldchamp New Member

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    Finally after almost 2 years I can give a update on this John Monroe ended up taking the case he filed a motion to reconsider we went back to the probate judge and she wasn't sure if I was eligible for the license she said she need a few days to think on it . Then she denied me again so we sued I just got the news today that we won and a order was issued for my license I went to the probate court to take my picture this afternoon they had all of the paperwork waiting for me told me my license would be ready in 10 days and I could come pick it up
     
  13. Taurus92

    Taurus92 Well-Known Member

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    Good deal! :righton: and thanks for the update!
     
  14. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Awesome. Will the Probate Judge pay JRM's attorney fees, considering that for a few years now we've had such a provision in place in the law, saying the judge that wrongly denies your permit may be ordered to pay the legal fees of the citizen-applicant?
     
  15. seereus

    seereus Active Member

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    Would such fees actually come out of the judges pocket, or would the tax payers be on the hook to pay the fees?
     
  16. Taurus92

    Taurus92 Well-Known Member

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    It would be the taxpayers that keep this judge in office. It should become a campaign issue. Will it?
     
  17. Schweisshund

    Schweisshund Well-Known Member

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    Congrats and thank you for your service.
     
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  18. rabbivj

    rabbivj My Name is Inigo Montoya

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    just out of curiousity what county was this in? Oh and congrats and thank you for your service!
     
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  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Congrats on suing and winning! :)
     
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