Archive for the '60 Days' Category

Court of Appeals Affirms Lower Court on 60 Day Issue

Friday, May 25th, 2007

As many of you know, probate courts in Georgia frequently take from 4 to 6 months to issue firearms licenses, with 2.5 years being the outside time so far reported.  The licensing statute states that the judge “shall issue” the license “[n]ot later than 60 days after the date of application . . .” 

GCO sued the Coweta County Probate Judge after she waited more than 120 days, twice the time allowed in the statute, to issue a license to a GCO member.  GCO lost the case on summary judgment, with the court holding that the “plain language of the statute” permits the judge to wait beyond 60 days.

GCO appealed the judgment to the Georgia Court of Appeals.  The Georgia Court of Appeals affirmed the Superior Court’s judgment.  The decision is available here: http://www.georgiacarry.com/moore/COA%20Opinion.pdf.  GCO is reviewing whether to petition the Georgia Supreme Court to hear the issue.

HB 850 is now pending in the General Assembly to fix this issue.  HB 850 will shorten law enforcement’s timeline to report to the probate judge to 30 days, require issuance of the license in 45 days, and, more importantly, provide for temporary licensing for first time applicants, as well as eliminate the $1.00 fee for temporary licenses.

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Summary Judgment Requested in Cobb County

Friday, April 27th, 2007

GCO has filed a motion for summary judgment in the Superior Court of Cobb County, on behalf of a member who was at first denied a temporary firearms license when he applied for a renewal, and later was issued a temporary firearms license that is not consistent with state law.  The motion seeks an order requiring the probate judge to issue temporaries as provided by law, and also to issue firearms licenses within 60 days of application date.  The brief in support of the motion can be viewed here:
http://www.georgiacarry.com/menkus/Plaintiffs-Brief-in-Support-of-MSJ.pdf
Read all the files related to this case here: http://www.georgiacarry.com/menkus

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Update — Appellant Files Reply Brief in 60-Day Issue Case

Thursday, November 2nd, 2006

GCO lawyers have filed a brief on behalf of the appellant in the Coweta County case before the GA Court of Appeals, to determine if probate judges must issue GFLs within 60 days.

http://www.georgiapacking.org/moore

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Update – Appellee Brief Filed in Appeal of 60-Day GFL Issue Case

Monday, October 30th, 2006

In response to litigation sponsored by GCO, the appellee has filed her brief in the Court of Appeals of Georgia, where the appellant is seeking to overturn the Coweta County Superior Court’s ruling that probate courts do not have to issue GFLs within 60 days of application. The appellee’s and appellant’s briefs as well as other documents in the case can be found at

http://www.georgiapacking.org/moore

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Brief Filed in Appeal of 60-Day GFL Issue Case

Tuesday, October 17th, 2006

In litigation sponsored by GCO, the appellant has filed his brief in the Court of Appeals of Georgia, seeking to overturn the Coweta County Superior Court’s ruling that probate courts do not have to issue GFLs within 60 days of application. The brief and other documents in the case can be found at

http://www.georgiapacking.org/moore

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Urgent — Your Help is Needed in Case Against Probate Judge

Tuesday, September 5th, 2006

As many of you know, GCO is sponsoring litigation against the Coweta County Probate Judge over the “60-day issue.” Many probate courts, including Coweta County’s, routinely take longer than the 60 days allowed by statute to issue Georgia Firearms Licenses. We sued to require issuance within 60 days. While we lost in Superior Court, we are hoping to appeal this case to the Georgia Court of Appeals. If we win this case on appeal, the ruling will have state-wide effect and work to everyone’s benefit.

So far, the plaintiff in the case has funded all the court costs, including some of the court costs on appeal. But, we need help raising the rest of the $300 needed to cover court costs. Many of you already have contributed, which we greatly appreciate.

Donations must be received by September 15 in order for the case to go forward.

UPDATE We have reached our goal. Thanks to the many people who contributed to this important cause.

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How Long May a Probate Court Wait to Issue a License?

Thursday, August 31st, 2006

Georgiacarry.org appealing adverse ruling.

To many of you who have read the licensing statute, O.C.G.A. 16-11-129, the answer to the question contained in the title appears to be rather simple and straightforward.

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.

As many of you already know, most of the counties take substantially longer than 60 days to issue a firearms license. Every one of them points the blame for delay to a source outside the probate court, which leaves one wondering how some of the probate courts manage to consistently issue firearms licenses within the statutory timeline.

Recently, the Honorable Allen B. Keeble, Judge of the Superior Court of Coweta Judicial Circuit, ruled that the statutory language quoted above means that a probate judge need not issue within 60 days. “The statute’s plain language gives probate judges the discretion to go beyond the 60 day time period . . .”

The briefs and the court order are available for viewing here: http://www.georgiapacking.org/sccc/

Georgiacarry.org is busy appealing this ruling to the Georgia Court of Appeals on behalf of the plaintiff and will post updates as they are available.

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