[fallison]

I applied for my license on May 2. 60 days was July 1. On July 2 I called the probate court and was told they had not recieved the information back yet. I called Cheryl at GCIC and was told my results had been returned to the sheriff's office on May 25. I went to the sheriff's office to inquire. The firearms license folder was pulled out and my application was located with no background check attached. I told them what I was told by GCIC so was told to wait a minute. I watched as she went through a stack of background reports and mine was located. So in this case, the holdup wasn't the Probate Court or the GBI. The report sat on the desk at the SO for more than a month and was only acted upon when I asked about it in person.

 

[Rammstein]

d'oh!

 

[Malum Prohibitum]

The report sat on the desk at the SO for more than a month and was only acted upon when I asked about it in person.

Because the probate court may only issue a license if no disqualifying or derogatory information was discovered as a result of those background checks, the 60-day period is implicitly extended by the statute itself when necessary to accommodate any delays that reasonably may be attributed to the investigative process.

Moore v. Cranford, from the Georgia Firearm Caselaw Page.

So, may this reasonably be attributed to the investigative process, since the probate judge did not yet receive notification within the 60 day time period (much less 50 days)?

 

[Malum Prohibitum]

http://www.georgiacarry.org/cms/2007/06 ... day-issue/

 

[fallison]

Well, one good thing about it is she set the folder of applications on the stack of background checks like she decided to go ahead and match them up since I made her get them out. So I may have sped up some other peoples' applications.