Question for Y'all...

Discussion in 'General GWL Questions' started by USMC - Retired, Sep 20, 2006.

  1. USMC - Retired

    USMC - Retired New Member

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    OK, I need a little help in advising a friend about his chances on getting a GFL issued. He was in Florida a while back with his wife and, due to limited room availability, was staying in a hotel in a rougher section of town. Once they got settled in their room, his wife asked him to go get some ice from the ice machine. Since it was unfamiliar surroundings and the ice machine was at the other end of the complex, he put his pocket pistol in his shorts pocket and went to get the ice. On the way there an undercover cop that was there trying to bust hookers noticed the gun printing in his pocket and arrested him for "concealed carry without a permit", a felony offense in Florida. They took his gun and carted him off to jail. His wife bailed him out and they got a lawyer who managed to have the charges reduced to a misdemeanor in a plea deal. So he now has a misdemeanor conviction in Florida for "concealed deadly weapon". Now my two questions to y'all are as follows.

    1. He now has applied for his GFL. With this misdemeanor being the only thing on his record, can the Probate Judge deny his application?

    2. What are the chances of him recovering his pistol from Florida? The gun was passed to him from his father and has some sentimental value.
     
  2. jrm

    jrm Sledgehammer

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    1. I think there's a good chance of that.
    2. Depends on FL law, but he won't get it if he doesn't ask.
     

  3. USMC - Retired

    USMC - Retired New Member

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    A good chance it will be denied or that he will get it?
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    On 2, he really should talk to the lawyer who handled his case about getting his property back. Since the case is over, he should not delay.

    On 1, I think jrm is saying there is a good chance it would be denied.

    Wow, that is a felony down there?
     
  5. USMC - Retired

    USMC - Retired New Member

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    That's what he told me, Felony in Florida for unlicensed carry....

    What would be the judges grounds for not issuing? As far as I can tell there is nothing in the code that restricts non-felony convictions for carry...
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    OCGA 16-11-129(b)

    http://www.legis.ga.gov/legis/GaCode/?t ... ection=129

    (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated;

    (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application;


    This is not technically a violation of 126 or 128 . . . but Florida's equivalent statute. I think there is a good chance it will be denied, but he ought to try anyway. I think this puts to rest the notion that one should just "carry concealed" and nobody will be the wiser.
     
  7. USMC - Retired

    USMC - Retired New Member

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    So are you saying that this is a "forcible misdemeanor"?
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    If you are responding to me - No.

    I am saying it does not technically fit into any of the categories but the judge will deny him anyway.
     
  9. USMC - Retired

    USMC - Retired New Member

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    MP, Would he have any legal recourse if the judge denies him? Is the judge required to give reason for denial?
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    He can appeal the denial and have a hearing on the matter for $25. It is in title 15 somewhere.
     
  11. jrm

    jrm Sledgehammer

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    MP, you answered for me correctly. I think there's a good chance of denial, on the grounds that his violation was one that would constitute ineligibility if it had occurred in GA.
     
  12. foshizzle

    foshizzle New Member

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    This is the specific part of the code your friend needs to worry about.

    Carrying a concealed firearm without a permit falls under 16-11-126 (a). Even if it was in FL, my understanding is that it applies to the GFL. 3 years must have elapsed since his firearm conviction.

    There is a question on the form as well... something along the lines of "Have you been convicted of any offense involving a firearm"... Your friend would have to answer yes.

    If it's been more than 3 years, he is fine and will NOT be denied (I'm speaking from personal experience). Just make sure he attaches the conviction disposition from the court.

    He is, however, able to purchase any firearm he wants in GA, including Class III... it's the carrying part he can't do... actually, if he is inelligible for a GFL I'm not even sure he can carry in his glovebox since being 'eligible' is a stipulation.

    Stupid law, I know.
     
  13. johnpeace

    johnpeace New Member

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    If you call walking around with a pistol shaped bulge in your shorts 'concealed'...you may be on to something.
     
  14. Gunstar1

    Gunstar1 Administrator

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    15-9-60(i)(1)
    http://www.legis.ga.gov/legis/GaCode/?t ... section=60