What to do...

Discussion in 'GA Laws and Politics' started by pballfreeek, Feb 19, 2006.

  1. pballfreeek

    pballfreeek New Member

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    I am now at day 125 with no permit in the mail box. I live in Barrow county. Does anyone have any suggestions about what to? I have already gone to the probate court and spoken with someone that informed me the law I was refering to didn't mean what I was saying. She also said that I would have the permit in 14-16 weeks and at the time it was the last day of the 16th week and proceaded to count out the weeks by saying ....4 weeks in nov. 4 weeks in dec. etc. etc. this was wrong. I didn't know what else to do so I politely left.
     

  2. Gunstar1

    Gunstar1 Administrator

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    The only other option would be to go back to the court with the law printed out and ask them to point to the 14-16 weeks allowed in the law.
    http://www.legis.state.ga.us/cgi-bin/gl ... =16-11-129

    I would for sure go with option 1. Tell all your state reps about it. Suggest to the lawmakers that the law should be changed so that a 4 month average issue time in your county is not allowed to continue.
     
  3. AV8R

    AV8R Banned

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    Here's the chunk of code that we're all interested in:

    (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.

    So does "shall" mean MUST? I also think the Probate Judge in Forsyth County uses the "is of good moral character" to interview and ask questions of the applicant as was reported by someone.

    Basically, each LE agency has 50 days to report back to the judge, then he has 10 days to issue the permit if the applicant is qualified, etc.
     
  4. Gunstar1

    Gunstar1 Administrator

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    The judge does have limited discresion. The thing is to get them to say the reason they are taking so long.

    The problem is they usually do just enough to not have someone take them to court. Which means they could just be lazy and blaming it on others.
     
  5. pballfreeek

    pballfreeek New Member

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    Thanks guys I appreciate all the responses.
     
  6. Woody_the_Infidel

    Woody_the_Infidel New Member

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    I waited 14 weeks for my Barrow county permit.
     
  7. pballfreeek

    pballfreeek New Member

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    Thanks for rubbing it in. :lol: How long ago did you apply for your permit?
     
  8. mzmtg

    mzmtg Active Member

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    I got my permit in Cobb in exactly 14 weeks.

    I'm working on a letter to Judge Dodd right now. I'm trying to figure out how to tactfully insert the fact that I will be voting against him and encouraging others to do the same without sounding like a whiny baby since I did eventually get the permit.
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    mzmtg,

    If you want my admittedly unsolicited opinion, I think you would do better simply to ask the Probate Judge why your license took so long and then, when he inevitably answers that he must wait for the report from the law enforcement agency and points to the attorney general opinion, point out the things in this two page long link http://www.georgiapacking.org/forum/vie ... highlight= and respectfully request that the Probate Court obtain an updated opinion from the attorney general about the current law.

    It is not so much that you will sound like a whiny baby by threatening the Probate Judge with removal from office, but, rather, that venting will accomplish nothing for you. Use strategy always to think about how you can advance your goals and take a long term approach.

    An updated Attorney General opinion could move us forward. Oh, and a Probate Judge is one of the people to whom the Attorney General will respond.

    :wink:
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    AV8R,

    I think you forgot to highlight the most important part of the 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."

    And yet the rationale given for holding up the license is that they are waiting on this report that is not required.
     
  11. RudeBoy

    RudeBoy New Member

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    in Carroll

    I had to go back to the courthouse after 16 weeks in Carroll County to see what the holdup was...they had entered my forms into the computer with my middle name as my last name, so the GCIC was unfindable.

    To their credit, they straightened all the paperwork while I waited, resent the info to the sheriff, told me to return the next day, and when I did I was handed a still-warm license right from the laminator.

    Sometimes it's bad govt, but sometimes it's just the govt....
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Rudeboy, that indicates to me that it can be performed in one day, if required. That is a very interesting post.
     
  13. pballfreeek

    pballfreeek New Member

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    136days

    So I go down to the probate office today to again check the status of my permit. I asked the lady that I've been dealing with on this if my federal background check had come back yet.(That's the excuse they have been using.)Evadently she didn't reconize me because she says "They normally come back about 2 weeks after the state ones and I just got your state on Monday." (That is almost to the word what the same lady told me 2 weeks ago.) I proceeded to remind her of this. I then ask if there was a phone # I could get to call and check on it because I thought it just had to be lost. She says there is not. I ask if she knows why it was taking so long because in Gwinnett I had heard of people getting them back in less than 30 days. She says that was because in Gwinnett they had someone that there only job was to processe concealed carry permits and Barrow and most other countys don't have that. I tell her that I have several friends that would find that interesting and that we would at least now Know what took so long. Then I asked to speak to the Judge so maybe I could find out what was going on. She says that the Judge isn't in yet but when she came in she would put my application in front of her to see if they could go ahead and issue it and asked for a # to contact me at if it was issued. I got a call 1 1/2 hours later saying that I could pick up my permit when I wanted to. Now was she lying about the back ground check not being in or can they issue without the federal background check after 60 days? :screwy:
     
  14. Gunstar1

    Gunstar1 Administrator

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    The judge is supposed to have very little say in issueing after 60 days, not the other way around.

    To me she was violating the law by waiting after 60 days, regardless of the FBI check status.

    I have yet to have proof that the GBI or FBI are taking longer than 1 month each.
    The admission of not having someone to do the apps shows that either they delayed sending the app and/or processing it once it comes back, either way it is a Probate court delay.
     
  15. thebugman

    thebugman New Member

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    First of all, it was 11 days. :shock: So why would the FBI be more accomidating of a county that has a full time employee? She was blaming the FBI and her own county. I think it resides completely with HER not doing her job. :roll: She was probably worried you would make a big stink and her half assed approach to her job would be found out. Thus 90 minutes later you have your permit.
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, I would say that she confirmed what you suspected.
     
  17. Woody_the_Infidel

    Woody_the_Infidel New Member

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    It was a couple years ago.
     
  18. pballfreeek

    pballfreeek New Member

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    Well the lady thats running things now doesn't get in any hurry so you best start the renewal process now :D
     
  19. Manwell

    Manwell New Member

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    Why sure it can be done quickly... If you get arrested, they can have your whole life history in quick order. This is a case of the government not feeling like obeying their own laws.

    Manwell