Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
9/19/2017 7:27:10 PM
Posted: 9/3/2010 10:12:55 AM EDT
[Last Edit: 9/8/2010 7:05:27 AM EDT by dawgm]
First day, I went to the probate office in Clarke county to get my GFL. My GA drivers license didn't have my Clarke county address on it, so I was turned away before submitting the form. Okay, thats fine... I guess.

Second attempt, today I went in with my new license with correct, local address. Now I can fill out the forms, right? Wrong, the issue date on the license was issued as of 9/3/10 and apparently they require 90 days as proof of residency.

Now I'm pissed. Basically, they have told me I have to wait 90 days from today to even send it in. What happened to "shall issue"? Is this true, or has the probate office made a policy that is not law or code? I'm enough of a resident to issue a driver's license to, but not enough of a resident to get a carry permit . Its extremely frustrating trying to do the right thing and getting turned away repeatedly. I'm not in love with asking for permission and paying to exercise a right in the first place, but this is bullshit if you ask me.

also, my itty bitty tiny keychain swiss army knife was not allowed inside. really? a ballpoint pen or a lighter are more dangerous than those little things
Link Posted: 9/3/2010 11:10:03 AM EDT
Originally Posted By dawgm:
First day, I went to the probate office in Clarke county to get my GFL. My GA drivers license didn't have my Clarke county address on it, so I was turned away before submitting the form. Okay, thats fine... I guess.

Second attempt, today I went in with my new license with correct, local address. Now I can fill out the forms, right? Wrong, the issue date on the license was issued as of 9/3/10 and apparently they require 90 days as proof of residency.

Now I'm pissed. Basically, they have told me I have to wait 90 days from today to even send it in. What happened to "shall issue"? Is this true, or has the probate office made a policy that is not law or code? I'm enough of a resident to issue a driver's license to, but not enough of a resident to get a carry permit . Its extremely frustrating trying to do the right thing and getting turned away repeatedly. I'm not in love with asking for permission and paying to exercise a right in the first place, but this is bullshit if you ask me.

also, my itty bitty tiny keychain swiss army knife was not allowed inside. really? a ballpoint pen or a lighter are more dangerous than those little things


Question- Have you lived at the current address [the one on your NEW license] for more than 90 days? Utility bills should suffice for proof of residency.
Link Posted: 9/3/2010 12:38:40 PM EDT
It's a GEORGIA Weapons License, not a Clarke County Weapons License. It's my opinion that they should issue the license as long as you can prove GEORGIA residence, but that's not how it works I suspect. You do have to apply in the county you live in. There is a mention in the code section of documentation for non US citizens, but nothing that explicitly lays out how they are supposed to verify you are a resident of the county in which you're applying.

Link Posted: 9/3/2010 1:11:42 PM EDT
Two words describe the problem "Clarke County".
Link Posted: 9/3/2010 1:43:05 PM EDT
I was thinking maybe I was being a little hasty, so I'm glad others see my point. The county is stepping on my right to get a GEORGIA permit. Should I ask for a supervisor and push the issue? I hate having to ask a judge for permission to carry, much less being barred from it for 90 days. Nothing in GA code says there is a waiting period. Does the law permit them to add requirements?

As for utility bills and such, I was living with family so nothing was in my name.... it is now, but that does me no good. Besides, the principle of the matter is that I shouldn't have to jump through these hoops
Link Posted: 9/3/2010 3:13:14 PM EDT
Who told you that Georgia is "shall issue"? The NRA?

The reality is that the Probate Judge has alot of discretion. We removed some of that discretion in HB89 but the good moral character BS still remains. If I was you, I'd ask to make an appointment with the judge, come with tons of proof of your residency, and dress nice and be very professional and polite. Explain your issue and ask for him to waive the requirement.

The problem with suing is that its expensive and takes longer than 90days to win.
Link Posted: 9/3/2010 6:25:23 PM EDT
I can find no requirement under OCGA 16-11-129 requiring 90 days minimum residency in county of application. Is ACC arbitrarily adding criteria which must be met before issuing a GWL???
Link Posted: 9/4/2010 4:31:47 AM EDT
Originally Posted By GooberTim:
I can find no requirement under OCGA 16-11-129 requiring 90 days minimum residency in county of application. Is ACC arbitrarily adding criteria which must be met before issuing a GWL???


There isn't.

Its the typical problem with the Probate Judges. They are like a bunch of cockroaches. They create unique qualifications then when a light is shined on them, they run back into the crevices.

Link Posted: 9/4/2010 6:35:16 AM EDT
Originally Posted By mikefromphilly:
Originally Posted By GooberTim:
I can find no requirement under OCGA 16-11-129 requiring 90 days minimum residency in county of application. Is ACC arbitrarily adding criteria which must be met before issuing a GWL???


There isn't.

Its the typical problem with the Probate Judges. They are like a bunch of cockroaches. They create unique qualifications then when a light is shined on them, they run back into the crevices.



Judge Wolk in Cobb is great about the licenses. I talked to her one day about it and she said that no matter what her opinion on guns was, the law was the law and she was going to follow it.
Link Posted: 9/4/2010 8:14:55 AM EDT
My roommate moved from another county to Cobb. He went to the DDS and got his drivers license changed to the new address, then went immediately to the courthouse to apply for his GFL (this is before it was a GWL). He got it in the mail 13 days later. They cannot go by issue date anyway... I have lived in Cobb County for 13 years, my current driving license says "Issue Date: 01-02-2009" because that is the last time I renewed my license.
Link Posted: 9/4/2010 8:28:23 AM EDT
Tell them you want written proof that you have to wait 90 days.
Link Posted: 9/4/2010 8:33:10 AM EDT
First day this thread popped up I emailed john to talk to him about it.

I've been less than successful at getting probate judges to follow the law by simply asking nicely. I've always had to have a writ of mandamus in hand while I asked nicely for my client. Had one guy get turned away from applying 3x before I went with him.

And everyone is absolutely right it is way to expensive to litigate it. Writ of mandamus $1500, probate court hearing after a denial $800, appeal to superior court $1000, appeal to the court of appeals $4000. That's why it never gets litigated and they can get away with it.

Posted Via AR15.Com Mobile
Link Posted: 9/4/2010 10:25:11 AM EDT
Originally Posted By DKing:
First day this thread popped up I emailed john to talk to him about it.

I've been less than successful at getting probate judges to follow the law by simply asking nicely. I've always had to have a writ of mandamus in hand while I asked nicely for my client. Had one guy get turned away from applying 3x before I went with him.

And everyone is absolutely right it is way to expensive to litigate it. Writ of mandamus $1500, probate court hearing after a denial $800, appeal to superior court $1000, appeal to the court of appeals $4000. That's why it never gets litigated and they can get away with it.

Posted Via AR15.Com Mobile


This sounds like a good argument for having a central authority issuing the licenses. Judges, for some reason, want to "judge"..... I'd like them to be issued by an entity with no dog in the fight, like Florida has with their Dept of Agriculture issuing Fl CCW.

We here in Cobb have it great right now with Judge Wolk, but before her we had Judge Dudd Dodd - and now, the poor schmucks in Dekalb have it bad - several week wait to get fingerprinted!
Link Posted: 9/4/2010 10:30:43 AM EDT
Tim, you've never seen a group scream and yell so much about losing a "loss leader" like the probate judges did. It's a big deal to some of them about getting re-elected. For small rural judges this is HOW they make constituent contact.
Link Posted: 9/4/2010 11:10:04 AM EDT
When I was doing the research for the Georgia Carry Temporary License lawsuit, I found that many of the rural counties issues the licenses on the same day or within 2 weeks.

I called one county and the lady I talked to said they didn't issue temporary licenses. I thought .... "I got you bee-aitch". Then she busted my bubble when she said that they just issue the license in an hour. She apologized for the delay but its the best they could do since they have an old lamination machine that takes a little bit of time to warm up.

Meanwhile, Cobb, at the time, couldn't get a license out within the required 60 days and laughed at people who pointed out their non-compliance with the law.

Back to the original post .... Even though I was one of the people who sued Cobb, I still think its worth a try to talk with the Judge. The next steps are expensive and you never get the money back. Even when you win, you lose.

Someday, we'll get rid of licensing but we have to build a foundation of gun rights cases first before we can get there.

BTW - Its NOT a concealed carry permit .......... its good for open and concealed carry.

Link Posted: 9/4/2010 4:07:52 PM EDT
Originally Posted By retired335:
Two words describe the problem "Clarke County".


The real reason. Ahh... Intellectuals in Athens.
Link Posted: 9/5/2010 2:10:41 AM EDT
Gwinnett County was the same way. Even though not in the specifications for what they wanted when applying for a license, got there and they wanted 90 days of proof of living in the County. Went to the local water department and got four months of previous water bills, went back to Probate Court, no further problems.
Link Posted: 9/6/2010 5:50:07 AM EDT
It is an atempt by some to prevent illeagles, both Mex's and Jihadists to prevent theem from obtaining llegal icenses with thie fake DL's most just swam over, or flew here and need a gun to gand bang or Jihad so although its a drag for all of us, anything that can be done to keep illeagles fron obtaining legal weapons, happy trails to those issuing for their inguniety, my sympathy for you so, remember your car is now an extension of your home (No License needed) till them and being judged by 12 for defending your life is much better a choice/chance then being carried down the aisle by 6, do what ya gotta do.
Link Posted: 9/6/2010 7:51:47 AM EDT
Originally Posted By HPDPriest:
My roommate moved from another county to Cobb. He went to the DDS and got his drivers license changed to the new address, then went immediately to the courthouse to apply for his GFL (this is before it was a GWL). He got it in the mail 13 days later. They cannot go by issue date anyway... I have lived in Cobb County for 13 years, my current driving license says "Issue Date: 01-02-2009" because that is the last time I renewed my license.


When did it become a GWL?

Link Posted: 9/6/2010 7:58:50 AM EDT
Originally Posted By jmelton:
Gwinnett County was the same way. Even though not in the specifications for what they wanted when applying for a license, got there and they wanted 90 days of proof of living in the County. Went to the local water department and got four months of previous water bills, went back to Probate Court, no further problems.


When I went to get mine renewed in Gwinnett County a few months ago, they insisted a BIRTH CERTIFICATE was REQUIRED. I questioned it and they said the judge required it. Being I was born in Georgia, they were able to look it up in their systems so I didn't make an issue of it. You don't have to be born in Georgia to get a carry permit and the background check should confirm citizenship, so I don't really understand the reason for it...
Link Posted: 9/6/2010 8:30:12 AM EDT
[Last Edit: 9/6/2010 8:30:52 AM EDT by HPDPriest]
Originally Posted By LARRYG:
Originally Posted By HPDPriest:
My roommate moved from another county to Cobb. He went to the DDS and got his drivers license changed to the new address, then went immediately to the courthouse to apply for his GFL (this is before it was a GWL). He got it in the mail 13 days later. They cannot go by issue date anyway... I have lived in Cobb County for 13 years, my current driving license says "Issue Date: 01-02-2009" because that is the last time I renewed my license.


When did it become a GWL?



On June 08, 2010 when SB308 became law it changed the license from a "Georgia Firearms License" to a "Georgia Weapons License". I don't know if you are familiar with the other changes in the law that happened at that time, but there was a rather holistic rewriting of the Georgia Weapons act with this that changed a lot of the rules, not just the name. On several boards people are correcting others when it is referred to as a GFL now, that is why I made note of why I called it a GFL instead of a GWL based on the time period this happened in.
Link Posted: 9/7/2010 5:39:11 AM EDT
thanks for the info everyone. I'll be very nice but I'll go back in to push the issue further; maybe even a discussion with the judge if it comes to that.

As for carrying in the car, I usually have one in the center console. As anyone who has ever driven through Athens knows, you can hardly be 1000ft (or whatever the distance is) from a UGA property anywhere in the county. I've wondered how this would hold up concerning the bullshit school "safety zones". Technically, it means you can't carry downtown where all the muggings occur and "campus" police are often on city streets that border campus or one of their hundreds of off campus buildings.
Link Posted: 9/7/2010 7:15:12 AM EDT
Originally Posted By dawgm:
thanks for the info everyone. I'll be very nice but I'll go back in to push the issue further; maybe even a discussion with the judge if it comes to that.

As for carrying in the car, I usually have one in the center console. As anyone who has ever driven through Athens knows, you can hardly be 1000ft (or whatever the distance is) from a UGA property anywhere in the county. I've wondered how this would hold up concerning the bullshit school "safety zones". Technically, it means you can't carry downtown where all the muggings occur and "campus" police are often on city streets that border campus or one of their hundreds of off campus buildings.


There is no such thing as a 1000ft "safety zone" anymore. Even when there was, there was an exception for people passing through the zone.

Link Posted: 9/7/2010 11:27:58 AM EDT
Originally Posted By Adam5:
Originally Posted By dawgm:
thanks for the info everyone. I'll be very nice but I'll go back in to push the issue further; maybe even a discussion with the judge if it comes to that.

As for carrying in the car, I usually have one in the center console. As anyone who has ever driven through Athens knows, you can hardly be 1000ft (or whatever the distance is) from a UGA property anywhere in the county. I've wondered how this would hold up concerning the bullshit school "safety zones". Technically, it means you can't carry downtown where all the muggings occur and "campus" police are often on city streets that border campus or one of their hundreds of off campus buildings.


There is no such thing as a 1000ft "safety zone" anymore. Even when there was, there was an exception for people passing through the zone.




Adam is correct, there is no more 1000' safety zone when it comes to weapons. I would recommend you go through and review the changes that were made to the laws with SB308. There is a ton of changes in there that are very pertinent to pretty much everything you might do while carrying.
Link Posted: 9/7/2010 1:13:38 PM EDT
dawgm .... if you are a student ............ DO NOT TELL ANYONE THAT YOU HAVE A GUN - DO NOT EVER CONSENT TO ANY SEARCHES.

As a student, you won't be covered by the parking lot language in 16-11-127.1 . Its a felony if you are caught with a weapon in your car on campus. Check out 16-11-127.1 (c) (8).
Link Posted: 9/7/2010 1:19:25 PM EDT
[Last Edit: 9/7/2010 1:28:50 PM EDT by s30series]
read the section right above that.

if you are a student with a valid GWL, you are exempt from the no school law in your car.

Though i will admit, i don't understand the difference between (7) and (8).

KSU police sent out a letter saying they are aware of the new law and gave students instructions on what you can and can't do. There was also an article in KSUs newspaper about the new law.

As a student, you ARE allowed to have weapons in your car locked.
Link Posted: 9/7/2010 1:28:39 PM EDT
I thought so too but I remember this issue coming up during the hearings ........

(8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;


Link Posted: 9/7/2010 1:31:12 PM EDT
[Last Edit: 9/7/2010 1:32:14 PM EDT by s30series]
Originally Posted By mikefromphilly:
I thought so too but I remember this issue coming up during the hearings ........

(8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;




(7) comes before (8)

in (7) specificaly:

A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or a person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any weapon legally kept within a vehicle when such vehicle is parked at such school property or is in transit through a designated school zone


like i said earlier. KSU police think its legal now for students, because they sent out a letter...also the published article in the KSU newspaper
Link Posted: 9/7/2010 1:34:13 PM EDT
I think we need some FREE DKING ... to clarify it. I'm so confused now.
Link Posted: 9/7/2010 1:34:43 PM EDT
I think we need some FREE DKING ... to clarify it. I'm so confused now.
Link Posted: 9/7/2010 1:36:10 PM EDT
Originally Posted By mikefromphilly:
I think we need some FREE DKING ... to clarify it. I'm so confused now.


I assume it's just a screw up in the language, as they both seem like they mean the same thing. As a defense, i would argue that (7) comes first if i was charnged with (8). and (7) says that i am exempt
Link Posted: 9/7/2010 1:38:13 PM EDT
Originally Posted By mikefromphilly:
dawgm .... if you are a student ............ DO NOT TELL ANYONE THAT YOU HAVE A GUN - DO NOT EVER CONSENT TO ANY SEARCHES.

As a student, you won't be covered by the parking lot language in 16-11-127.1 . Its a felony if you are caught with a weapon in your car on campus. Check out 16-11-127.1 (c) (8).



Here is what I went through in another forum trying to help some people understand this section. As far as I know it is correct, but I am not a lawyer.... No lawyers disagreed with me either...

]Here it is with the strike through text removed.

(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to
Code Section 43-38-10, when such person carries or picks up a student at a school building, school
function, or school property or on a bus or other transportation furnished by the school or a person who
is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section
43-38-10 when he or she has any weapon legally kept within a vehicle when such vehicle is parked at
such school property or is in transit through a designated school zone;
(8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or
which is in a locked compartment of a motor vehicle or one which is in a locked container in or a
locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age
to bring to or pick up a student at a school building, school function, or school property or on a bus or
other transportation furnished by the school, or when such vehicle is used to transport someone to an
activity being conducted on school property which has been authorized by a duly authorized official of
the school; provided, however, that this exception shall not apply to a student attending such school;


These are not either or these combine..... "(c)The provisions of this Code section shall not apply to:" and then list are enumerated. Fitting an exception in #7 gives you that exception, you just cant do something that #8 would give you unless you fit all of #8. Since being a license holder is listed in both 7 and 8... you have to have a license to have it on school property period. The following is how I read them. I put a number by each pert for where you get your exception from.

If you are licensed and do not go to the school you may:
(7)Carry during pickup and drop off of a student for school buildings, functions, property no matter if you are in a car or not
(7)Have a weapon legally kept in your car while parked on school property
(7)Have a weapon legally kept in your car while passing through a school zone.
(8)Carry during pickup and drop off someone (not just students now) for activity being held on school property.

If you are licensed and do go to the school you may:
(7)Carry during pickup and drop off of a student for school buildings, functions, property no matter if you are in a car or not
(7)Have a weapon legally kept in your car while parked on school property
(7)Have a weapon legally kept in your car while passing through a school zone.

If you are not licensed and do not go to the school and are 21 or over you may have weapons locked in a compartment of the vehicle:
(8) during pickup and drop off to property, etc but have no protection for parking on property.

If you are not licensed and do go to the school:
(8)you have no exemption

Link Posted: 9/7/2010 1:56:30 PM EDT
HPD ... Your outline is consistent with the story line that I heard during the hearings.

I've assumed that Dawg may be going to school and we know he is unlicensed, hence your last line applies:

If you are not licensed and do go to the school:
(8)you have no exemption


If you don't mind, I'm going to steal your outline for a project I'm doing for GCO. Would that be ok?
Link Posted: 9/7/2010 1:57:15 PM EDT
Originally Posted By mikefromphilly:
dawgm .... if you are a student ............ DO NOT TELL ANYONE THAT YOU HAVE A GUN - DO NOT EVER CONSENT TO ANY SEARCHES.

As a student, you won't be covered by the parking lot language in 16-11-127.1 . Its a felony if you are caught with a weapon in your car on campus. Check out 16-11-127.1 (c) (8).


As an arfcommer, I know never talk to cops , despite knowing quite a few of them. I cannot image a scenario in which I would disclose being a student. Its on a need to know basis, and in a traffic stop, nobody needs to know. I won't lie, but I won't answer questions that head down that road. Furthermore, I don't park on campus, and I'm not the type of person the arouses suspicion as I've never been asking if I'm carrying a weapon in the vehicle.
Link Posted: 9/7/2010 2:02:03 PM EDT
Originally Posted By dawgm:
Originally Posted By mikefromphilly:
dawgm .... if you are a student ............ DO NOT TELL ANYONE THAT YOU HAVE A GUN - DO NOT EVER CONSENT TO ANY SEARCHES.

As a student, you won't be covered by the parking lot language in 16-11-127.1 . Its a felony if you are caught with a weapon in your car on campus. Check out 16-11-127.1 (c) (8).


As an arfcommer, I know never talk to cops , despite knowing quite a few of them. I cannot image a scenario in which I would disclose being a student. Its on a need to know basis, and in a traffic stop, nobody needs to know. I won't lie, but I won't answer questions that head down that road. Furthermore, I don't park on campus, and I'm not the type of person the arouses suspicion as I've never been asking if I'm carrying a weapon in the vehicle.


I see you've read the ARFCOMMER handbook. Cool.

Be careful, I know of several people who told their friends/coworkers about a gun in the car. Those friends betrayed that trust and rat finked them out.
Link Posted: 9/7/2010 3:52:23 PM EDT
Originally Posted By mikefromphilly:
HPD ... Your outline is consistent with the story line that I heard during the hearings.

I've assumed that Dawg may be going to school and we know he is unlicensed, hence your last line applies:

If you are not licensed and do go to the school:
(8)you have no exemption


If you don't mind, I'm going to steal your outline for a project I'm doing for GCO. Would that be ok?


I have no problem with that. I originally posted it on GPDO when I was working with some people trying to cypher through all of 308. I worked up an outline of changes it was making in the process too. This (16-11-127.1) was a big argument while people were trying to figure out f those two pieces conflicted with each other or not and I tried to dig it out into laymans terms the best I could. Again, not being a lawyer it is not to be used as legal advice and I hope no one ever has to try to argue the difference in court. With how many different interpretations I saw people coming up with, I would hate for a jury to have to decide if someone was breaking a law they cannot understand.

Link Posted: 9/7/2010 4:17:35 PM EDT
"I'm not the type of person the arouses suspicion"....whatever...you're shady looking....j\k....good luck
Link Posted: 9/7/2010 8:26:57 PM EDT
[Last Edit: 9/7/2010 8:27:38 PM EDT by dawgm]
Originally Posted By CG64:
"I'm not the type of person the arouses suspicion"....whatever...you're shady looking....j\k....good luck


yeah, you know how I fit the profile. the boat shoes and khakis just tip them off to my shady activities every time

it's about time you go and get your permit as well...
Link Posted: 9/8/2010 7:04:41 AM EDT
Update:

I called the probate office to inquire further. The extremely irritated clerk informed me that the judge has placed a 90 day proof of residency requirement to get a license; it is her policy and hers alone. I told the clerk that it is a GEORGIA, not county, firearms license and there is no such stipulation under the law. "I never told you it was a state law. You stand corrected. It is not law; the judge has discretion and can decide what she wants. You will not get one without proof." wait, wtf did she just say to me!

So, as it stands. No state law require 90 days. No county ordinance requires 90 days. One judge has made it her PERSONAL policy!
I am not going to litigate this issue due to time and money, but this is typical liberal county horse shit. I'm not sure I will push it any further; she could well deny my license if the clerk gets pissy enough about it. This judge is also notorious for being a hard ass with all traffic cases.

This is why laws have to written in plain language and very precise. What would stop a judge from deciding you need to prove 5, 10, 25, or 150 years residency? After all, they feel the law is "at their discretion". I couldn't find any law that states the judge cannot add their own requirements, and that is a worrisome oversight. Didn't SB308 originally want to make a centralized licensing agency to avoid this kind of thing? I wish they had.
Link Posted: 9/8/2010 4:34:15 PM EDT
Originally Posted By dawgm:
Update:

I called the probate office to inquire further. The extremely irritated clerk informed me that the judge has placed a 90 day proof of residency requirement to get a license; it is her policy and hers alone. I told the clerk that it is a GEORGIA, not county, firearms license and there is no such stipulation under the law. "I never told you it was a state law. You stand corrected. It is not law; the judge has discretion and can decide what she wants. You will not get one without proof." wait, wtf did she just say to me!

So, as it stands. No state law require 90 days. No county ordinance requires 90 days. One judge has made it her PERSONAL policy!
I am not going to litigate this issue due to time and money, but this is typical liberal county horse shit. I'm not sure I will push it any further; she could well deny my license if the clerk gets pissy enough about it. This judge is also notorious for being a hard ass with all traffic cases.

This is why laws have to written in plain language and very precise. What would stop a judge from deciding you need to prove 5, 10, 25, or 150 years residency? After all, they feel the law is "at their discretion". I couldn't find any law that states the judge cannot add their own requirements, and that is a worrisome oversight. Didn't SB308 originally want to make a centralized licensing agency to avoid this kind of thing? I wish they had.


OK... so prove your residency and petition the court for a writ of mandamus. You need a lawyer.
Link Posted: 9/8/2010 4:59:22 PM EDT
[Last Edit: 9/8/2010 4:59:55 PM EDT by dawgm]
Originally Posted By ProPatriaVeritas:
Originally Posted By dawgm:
Update:

I called the probate office to inquire further. The extremely irritated clerk informed me that the judge has placed a 90 day proof of residency requirement to get a license; it is her policy and hers alone. I told the clerk that it is a GEORGIA, not county, firearms license and there is no such stipulation under the law. "I never told you it was a state law. You stand corrected. It is not law; the judge has discretion and can decide what she wants. You will not get one without proof." wait, wtf did she just say to me!

So, as it stands. No state law require 90 days. No county ordinance requires 90 days. One judge has made it her PERSONAL policy!
I am not going to litigate this issue due to time and money, but this is typical liberal county horse shit. I'm not sure I will push it any further; she could well deny my license if the clerk gets pissy enough about it. This judge is also notorious for being a hard ass with all traffic cases.

This is why laws have to written in plain language and very precise. What would stop a judge from deciding you need to prove 5, 10, 25, or 150 years residency? After all, they feel the law is "at their discretion". I couldn't find any law that states the judge cannot add their own requirements, and that is a worrisome oversight. Didn't SB308 originally want to make a centralized licensing agency to avoid this kind of thing? I wish they had.


OK... so prove your residency and petition the court for a writ of mandamus. You need a lawyer.


If I were a lawyer or had plenty of money, I would out of principle. As is, it isn't going to happen unless the ACLU wants to do it pro bono, and no, I'm not going to ask
Top Top