OCGA 16-11-129(d) - Revise?

Discussion in 'GA Laws and Politics' started by Malum Prohibitum, Sep 30, 2005.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    We need to add a penalty for violation of 16-11-129(d).

    Three possible suggestions:

    (1) On the sixty first day after the date of application a probate judge who has not issued a firearms license in spite of the fact that no derogatory information bearing on the applicant's eligibility for a firearms license has been found shall be fined $50 payable to the state's general fund. Every failure to issue the license as set forth in this code section shall be a separate offense. The $50 fine may not be paid with public dollars but must be paid by the Probate Judge personally.

    (2) Issuance of the firearms license on the sixtieth day, if no derogatory information bearing on the applicant's eligibility for a firearms license has been found, is a ministerial act.

    (3) A scheme whereby a temporary license must issue on the sixtieth day. This has been written about previously, so I will not reiterate it here except to say that the ministerial act language should be added here, too.

    Number one is really cool.

    Number two removes any discretion on the sixtieth day, something I think this law should already do anyway . . . even before this change.

    We might also attack the 50 day language reagrding the police check, but I do not really think that is the problem here, and if it is, then forcing the probate judge to issue the license anyway will cure the problem.

    Maybe the ministerial act language and a fine . . . ? :D
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    No comments? What about raising the fine to $5,000.00 ???? :?: :lol:
     

  3. Taler

    Taler New Member

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    I like it a lot, but of course you knew I would. Fifty bucks might get through, but $5k probably wouldn't, imho.

    Mike
     
  4. Gunstar1

    Gunstar1 Administrator

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    I think number 1 will still leave counties to say the background check is not ready.

    I think all three would be good.

    First that issueing an emergancy, temporary, or regular license is ministerial, with the only discretion the court has when they issue a license is in regards to (b)(4) for being hospitalized as an inpatient for mental, drug, or alcohol problems.

    Next that if the background check is not finished and a license ready to issue on the 60th day, a temp permit must be issued.

    If that temp permit is not ready to be picked up on the 61st day, the $50 fine is paid.

    Also, if on the 151st day (60 days plus 90 day temp permit) the license is still not issued, $10 a day fine until the permit is issued. :twisted:

    And last, each new applicant will be given a slip of paper with the Probate Courts phone number, what date the applicant should call to find out if the license is ready (60 days from the date your fingerprints are taken, dated and signed by the fingerprinter), and a phone number for someone at the State Level to report violations to (so they can collect the money).

    If a fine based system is created, a $10 fine for each violation or variation of any of the other licensing requirments.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I think making it daily ought to start from the first day.

    They can say the background check is not back- fine. Pay up.
     
  6. jeffe007

    jeffe007 Guest

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    hello, im new here so ill make this short and quick. i dont think a small fine will help those in larger counties like fulton, gwinnett, etc. b/c if these govt's have anti-GFL leaders/judges of probate court then, they may actually set aside funds to delay the licenses.

    what we need is a criminal provision (aint gonna happen) or hurt them in their pocket with the possible withholding of state funds or a large fine to be paid out of the tax collection pool of each county. I'd say $50 per day, per violation.

    Also, like others have said the law MUST stipulate a punishment to the act of non or delayed issuance! Right now, there is no punishment at all.

    I had to wait around 90 days for my license in Barrow county. I plan to find out if the probate judge is a democrat and an anti-gun advocate too.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Some form of penalty would be nice. How about removal from office on the third violation?
     
  8. seajay

    seajay NRA Certified Instructor

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    hmmmmmmmmmm??????????????????

    Now that might just inspire them to get their act together. Although it probably should include disbarment as well. Or anything that would keep them out of public office or public service for ever