Paulding County 165 days and counting

Discussion in 'Ga. County Licensing Information' started by Niceguy, Dec 15, 2006.

  1. Niceguy

    Niceguy New Member

    60
    0
    0
    As you can see, it has been 165 days since I put in for my GFl and I am still waiting. Well, it is time to bring in the reps as I have had enough.

    Since I have a clean, un-tarnished background, including serving this country, my rights have now been violated as the state law has been violated by the courts who think they can make law and not follow the law.

    The county probate site even updated itself to state that it would take 90-120 to get the license. They might as well put up there "You get it when we feel you need to get it." Because it has been 45 past 120 days and that is unacceptable. So now I will notify the state as well as local government officials with my complaints and you can bet, I will be on it like bugs on a bumper.
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,356
    386
    83
    That about sums it up. I would be outraged. The state law uses the words "shall issue" and gives a timeline of "[n]ot later than 60 days after the date of application" to issue the license.

    As many here already know, the majority of probate courts deliberately ignore this law.

    This is one of the first issues attacked by GEORGIACARRY.ORG with a lawsuit, but they lost. Everything is here to read: http://georgiacarry.org/cms/category/ac ... s/60-days/

    Judge Allen B. Keeble, of the Superior Court, ruled:

    The statute's plain language gives probate judges discretion to go beyond the 60 day time period, if necessary, by requiring judges to be sure the applicant is of good moral character and has met all of the Code section qualifications and requirements before issuing the GFL.

    The entire opinion is available at the link above, should you wish to review it, and the case is now on appeal to the Georgia Court of Appeals. The appellate court decision will probably have a statewide impact, one way or the other, unless they somehow dodge the issue.

    But I want you to review the language above, in blue, and ask yourself this question. How long does the judge have under this ruling if you go in and ask her "why haven't you issued my license?" and she answers, "I find it necessary to have more time to be sure that you are of good moral character."

    Under that ruling above, how long would she have?

    Whose burden would it be to show that you are or are not of good moral character?

    Whose burden do you think the General Assembly intended for it to be? When I read O.C.G.A. 16-11-129, it appears clear to me that the General Assembly intended for the judge to have no more than 60 days to figure these things out. This is even more true since July 1, 2006, when they added the instant NICS check to the procedure.

    Since you applied in July, the NICS check should have been performed, giving the judge your national criminal background (and other items in NICS) instantaneously, or at least on the same day.

    Have you had any contact with Judge Deborah Andersen or other officials at the probate court since you applied? She is an elected official, you know.
     

  3. Niceguy

    Niceguy New Member

    60
    0
    0
    I will review this but I do plan to send letters to the reps of this area as well as State legislatures.

    As far as the Judge, no, I work and have not had time to go up and speak with her. However, I have called 3 times since Nov. and whoever it is that answers tells me the same thing, to call back in a few weeks because it is not there yet. Come January 5th, it will be a full 6 months and since it is the holidays, who knows if anything will get done by Jan.1. They keep telling me they are waiting for the GBI.

    Nonetheless, the Senators/Reps, state and local will hear from me and I have gotten great responses on the state level on other issues.

    For the heck of it, I sent email to Purdue just to see what he would say and I knew when he emailed back that this was a local issue and there was not much he could do.
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,356
    386
    83
    What is not there yet? Your fingerprint-based background check from the GBI? Make them tell you when they sent it. Get the date and the ORI number. Then contact the GBI! You will soon see if they are speaking the truth.

    And write Judge Andersen. Phone calls are good for getting a question answered quickly, but phone calls do not count, they never happened, nobody remembers them. She will remember a letter.

    There is no excuse for this behavior by Judge Andersen.

    Really? :shock: :-k He would have been better off to ignore the email! Please post copies of your remail and the response.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,356
    386
    83
    FYI: to our collective knowledge the GBI portion of the check has never run over 5 weeks, and that was only in one instance. Ink fingerprints are typically 7 days, and Livescan electronic prints are a matter of a minute, literally.

    GS1, please correct my timelines if they are off.

    The GBI has told me many times, though, that the electronic fingerprints are not touched. They arrive electronically, and the search takes a few minutes. A computer does it, no human touches it.
     
  6. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    Only in the case of errors will an ink print take over 30 days. Most ink prints are done in 20 days, the full (this is the so called backlogs) range being 10-30 days.

    Digitally submitted prints average one day, the range being minutes to 5 days.

    The overall average is 15 days, the total range is minutes to 30 days (This is the backlog that is blamed so much).
     
  7. Niceguy

    Niceguy New Member

    60
    0
    0
    I am not sure I kept the email and response as I did this a few weeks ago. I can check my emails to see if I still have it, just not sure though.
     
  8. Niceguy

    Niceguy New Member

    60
    0
    0
    Good enough. Thanks. I will send her an email and I will be diplomatic about it.
     
  9. MIchael

    MIchael New Member

    9
    0
    0
    I got my license in about 65 day. I have no complaints about paulding county.
     
  10. mzmtg

    mzmtg Active Member

    3,119
    0
    36
    It doesn't bother you that they took 5 days longer than allowed by state law?
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,356
    386
    83
    Who cares, mzmtg? It's just a law. Lighten up. It's not like judges and the law have anything to do with each other.
     
  12. Rammstein

    Rammstein New Member

    5,798
    0
    0
    The aristocracy is not subject to the same laws as the proletariat. :D
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,356
    386
    83
    I hope he knows I was kidding! :D