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Discussion Starter #22
jrm said:
Carroll County apparently issues them.
I will add them to the above list if you have confirmed that they do so without court order.
 

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Sledgehammer
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I don't have independent confirmation, but I did not think they were ordered to issue a temporary. Maybe somebody who lives in Carroll County can call and ask if they issue them.
 

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Discussion Starter #24
The written order posted on this site in GFL News and Information states that they will accept and process his application for both a renewal and a temporary license. The judge stated from the bench that he expected them to follow subsection 129(i), and the attorney for the probate judge stated that they would.

I do not know whether they would do the same for somebody else who merely requested a temporary license at the time of renewal without a federal judge having just instructed them the day before.
 

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clayton county DOES NOT issue temp. permit

i called 8-23-06 3:20 pm
and was told they no longer have a renewal permit.
i said i understand that, but do you issue the 90 day
temp. permit and she said no we do not issue those
either.


can these judges not read????
 

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GAGunOwner said:
Hypothetically, if you go renew as soon as possible (90) days before expiration and you also get a 90 day temp. GFL, what is the point of getting a temporary GFL? You'd still be covered by your original one.

Let's say that you apply 90 days before it expires and you don't get a temp. GFL.
On day 85 you realize you might not get a replacement GFL in time so you go to the probate court and get a temp. GFL. Is this how it works or am I confused?
Your right if you go 90 days before expiration, but what if you are busy or just don't realize when it expires until 30 days or even a week before it expires? Without the temp license, once you apply and the 30 days or a week goes by you cannot carry anymore until the renewal license comes back.

The temp permit allows you to carry after your 5 year license has expired, and will hopefully last you until the renewal license comes in.
 

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Discussion Starter #32
Yeah, "try" being the operative word here.
 

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Well, I actually got a personal phone call to my home from Hon. "Kip" McVay, Probate Judge of Cherokee County in response to my letter.

The synopisis of our very long and rambling conversation was this:

They will not issue temp license because to do so would violate federal law. Section (i) of the code does not mean what it appears to mean. One mustn't try to analyze sections of code in a vacuum. They must be considered in the context of the entire state code and relevant federal laws.

I know this is entirely BS, but that was her position.
 

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Discussion Starter #35
mzmtg said:
Well, I actually got a personal phone call to my home from Hon. "Kip" McVay, Probate Judge of Cherokee County in response to my letter.

The synopisis of our very long and rambling conversation was this:

They will not issue temp license because to do so would violate federal law. Section (i) of the code does not mean what it appears to mean. One mustn't try to analyze sections of code in a vacuum. They must be considered in the context of the entire state code and relevant federal laws.

I know this is entirely BS, but that was her position.
I am quite happy to "consider the context of the entire state code and relevant federal laws." Did Judge McVay happen to cite what federal code section was relevant to Georgia's issuance of a temporary renewal firearms license? Just curious.
 

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Discussion Starter #36
UPDATED LIST of counties issuing temporary renewal licenses:

NOT ISSUING

Cherokee
Clayton
Coweta
DeKalb
Douglas
Fayette
Floyd
Fulton


ISSUING

Lee
Dougherty


If your county is not listed, it means that we do not know whether they are issuing temporary licenses. Please call and ask, then post the answer here so that we may add them to the list as issuing or not issuing temporary licenses.

All you have to do is say, "Hi. Are you issuing temporary renewal firearms licenses at the time of application for a five year renewal license?"

They will probably tell you there is no such thing as a renewal license anymore, in which case, you may want to ask, just to clarify, whether they will issue you a temporary license when you apply for another license.

Then post your answer (with the county) here.
 

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Malum Prohibitum said:
I am quite happy to "consider the context of the entire state code and relevant federal laws." Did Judge McVay happen to cite what federal code section was relevant to Georgia's issuance of a temporary renewal firearms license? Just curious.
The first time I asked, she said she couldn't remember, but would find it for me. The second time I asked, some time later in the conversation, she said she wasn't going to spend her time teaching people about federal laws.

I suppose I could have played it a bit dumber and mentioned that I wasn't aware of any federal laws regulating the issuance of state concealed weapons permits...

This lady is clearly a pro politician. I was amazed at how far and wide she would roam while justifying her position.
 

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Discussion Starter #38
mzmtg said:
The second time I asked, some time later in the conversation, she said she wasn't going to spend her time teaching people about federal laws.
BIG surprise! :D

:roll:

I bet she is not going to spend her time teaching people about quantum physics, either. :D
 

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Discussion Starter #39
I bet I know whose license is going to take 12-18 months to process next time he applies in Cherokee County . . .

#-o
 

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The reason she will not educate you on federal laws is becuase none exist regarding this, or at least none that I or the Wyoming AG could find.

Here is the lawsuit they filed over the NICS exemption for expunged records. http://www.gunlawnews.org/images/Appell ... -16-06.pdf

While not exactly the same, parts of Wyomings argument does deal with what our probate judges say. Which is that the judges are saying they cannot follow GA law because some unknown federal law says something different.

The only federal law that deals with background checks and state issued permits is the 18 USC 922(t)(3)(A) that basically says a NICS check is not needed if an authorized government official has verified that you are not prohibited from possession of a firearm and the permit is renewed every 5 years.

Someone, either state or federal is telling the judges that a temp permit is no longer valid based somehow on the above law. Wyoming is suing the ATF, saying that the federal laws gives the power to the state to make the laws to say who is authorized and how to go about issuing the license, not the feds.
 
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