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(d) Investigation of applicant; issuance of license. Each law enforcement agency, upon receiving such applications and obtaining such fingerprints, shall promptly conduct a thorough search of its records and records to which it has access and shall notify the judge of the probate court within 50 days, by telephone and in writing, of any findings relating to the applicant which may bear on his eligibility for a license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his eligibility to obtain a license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 days after the date of the application the judge of the probate court shall issue the applicant a license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications, is of good moral character, and has complied with all the requirements contained in this Code section.
It seems to me that the Attorney General's interpretation of this section is flat out wrong. I do not see any prerequisites in there. In fact, it appears to read that if at 60 days the judge is unaware of any reason to deny the license, he must issue it.
A "failure of the background check to return" or whatever other lies are being told is not a failure of the applicant to comply with the requirements of the code section.
Any thoughts?
It seems to me that the Attorney General's interpretation of this section is flat out wrong. I do not see any prerequisites in there. In fact, it appears to read that if at 60 days the judge is unaware of any reason to deny the license, he must issue it.
A "failure of the background check to return" or whatever other lies are being told is not a failure of the applicant to comply with the requirements of the code section.
Any thoughts?