Georgia Firearm Forums - Georgia Packing banner

1 - 16 of 16 Posts

·
Registered
Joined
·
15,974 Posts
Discussion Starter · #1 ·
.
 

·
Sledgehammer
Joined
·
4,769 Posts
1. Yes
2. It likely will be answered.
3. Easy

That said, keep in mind that attorney general opinions (both official and unofficial) are not binding on anyone. While a probate court might choose to follow one, it does not have to.
 

·
Registered
Joined
·
3,119 Posts
Honestly, I'd rather have a pile of Federal Court oders telling the courts to follow the law than a single GA AG opinion telling them to do whatever they want.

I don't think it's worth the risk, asking for an AG opinion that might not go the way we want.
 

·
Sledgehammer
Joined
·
4,769 Posts
mzmtg, I tend to agree with you. Pending right now in state and federal appellate courts are cases regarding 60-day issue and SSN and employment information. The opinions of these courts (the GA court of appeals and the 11th Circuit) will be binding law throughout GA. At this point, an AG opinion on any of these issues is not needed.
 

·
Registered
Joined
·
5,215 Posts
On a related note I talked to the AG yesterday about the request from the Governor's Office for a revised opinion on the 60 day issue that he still has on his desk. He was actually happy to hear from me and said that he expects to be able to address the issue within a few weeks but at this moment is still fighting through a bunch of stuff generated by the sex offender locations law. I will call him back in two weeks for an update and hopefully he will have some good news for us. I agreee that a federal court ruling would be great but it would still be good to have the AG's opinion thing fixed.
 

·
Registered
Joined
·
41 Posts
How can we encourage him to review the issue?
The more people who show interest, the earlier he'll respond and the more seriously he'll take it.
 

·
Premium Member
Joined
·
8,460 Posts
ctdonath said:
How can we encourage him to review the issue?
The more people who show interest, the earlier he'll respond and the more seriously he'll take it.
Technically nothing. The AG does not address the public in matters of law.

Besides I have heard a rumor of something much better than a UO happening soon (an AG UO is not binding in the least). :-$
 

·
Registered
Joined
·
3,119 Posts
Gunstar1 said:
Besides I have heard a rumor of something much better than a UO happening soon (an AG UO is not binding in the least). :-$
Now don't be that way...

Spread the rumor here :D
 

·
Premium Member
Joined
·
8,460 Posts
There should be more information later today, but for now I will just say it has to do with the 60 day issue and the Georgia Court of Appeals. 8)
 

·
Moderator
Joined
·
68,657 Posts
Gunstar1 said:
There should be more information later today, but for now I will just say it has to do with the 60 day issue and the Georgia Court of Appeals. 8)
GCO LINK

:wink:

When you click on the link above, you will be able to read the appellate brief already filed in the Georgia Court of Appeals, from which the following excerpt is taken:

Appellee cannot be allowed to subvert the statute by deliberately adopting a policy of refusing to request the instant national criminal background check, and then complain that her own refusal means she must wait beyond the 60 days to obtain a national criminal background check as a matter of public safety.
 

·
Registered
Joined
·
1,283 Posts
So what if the appeal is denied? Does that confirm that GA is officially a may-issue state? Could this go either way? Is the legalese sound?
 

·
Registered
Joined
·
3,119 Posts
Wow, that appellant's brief is infuriating.

The judge basically does it her way, regardless of what the law says, and the trial court agreed! It makes me want to pull my hair out.
 

·
Premium Member
Joined
·
8,460 Posts
foshizzle said:
So what if the appeal is denied? Does that confirm that GA is officially a may-issue state? Could this go either way? Is the legalese sound?
The actual appeal cannot be denied, the second to last page explains it:
On appeal of a grant of summary judgment, the appellate court must review the evidence de novo to determine whether the trial court erred in concluding that no genuine issue of material fact remains and that the party was entitled to judgment as a matter of law.
de novo = over again, anew

So the appeals case will be heard. As to the outcome, well it is a court case so anything can happen.
 

·
Registered
Joined
·
2,139 Posts
Still I wouldn't give up on the AG either. After all, he is up for reelection and can be swayed by voters (presumably). Another other ammunition in our clip is helpful. Thus far, Mr. Baker has been pretty good and I will have to hold my nose and vote for a Democrat in his case.
 

·
Registered
Joined
·
15,974 Posts
Discussion Starter · #15 ·
.
 

·
Registered
Joined
·
5,215 Posts
Contact your State Senator or Georgia House Rep or even the Governors office with all the details of what you need the opinion on and if they agree they will foward it on. This is how I got the Governor's Office to request a review of U78-45 which the AG is working now...
 
1 - 16 of 16 Posts
Top