Fulton County Probate Judge Pinkie Toomer has filed a second motion to dismiss GCO’s class action against all probate judges in Georgia over the state law prohibiting non-residents from obtaining GFLs.  U.S. District Judge Clarence Cooper has yet to rule on the first motion to dismiss.  Both motions may be viewed here.

GCO has filed a reply in support of its motion for class certification in its nonresident GFL case.  The case, filed in U.S. District Court for the Northern District of Georgia, seeks to overturn Georgia’s ban on issuing GFLs to nonresidents of Georgia.  GCO asked to make the case a class action against all probate judges in the state of Georgia.  The named defendant (and putative class representative), the probate judge of Fulton County, opposes the class, saying the case is “not necessary.  GCO’s brief, and other documents in the case, can be read here.

GCO has filed an amended complaint a brief opposing the defendant’s motion to dismiss in a class action against all the probate judges in the state over whether they may refuse to issue GFLs to nonresidents.  The federal district court has not yet certified the action as a class action, but GCO has filed a motion requesting such certification (see below).  The documents in the case may be viewed here.

The judge of the Fulton County Probate Court has filed a brief opposing class certification in GCO’s case challenging the constitutionality of a state statute prohibiting GFLs to non-residents.  The brief may be read here.

Judge Pinkie Toomer of the Fulton County Probate Court filed a motion to dismiss GCO’s class action against her, claiming the federal court lacks jurisdiction to hear the case.  A copy of the brief supporting her motion can be viewed here.

GCO has filed a motion to certify the class in its case against the Fulton County probate judge over Georgia’s law requiring a GFL applicant to be a resident of Georgia.  If the judge certifies the class as requested, this case will be a class action against all probate judges in the state of Georgia, with the Fulton County judge acting as the class representative.  The brief in support of GCO’s motion may be viewed here.

GCO has filed a class action in federal court, challenging the state law that prohibits issuing GFLs to nonresidents. The GCO member plaintiff, who is a resident of Wisconsin, sought to obtain a GFL for when he visits Georgia. The Fulton County Probate Court confirmed that he would not be permitted to apply.

The case seeks to have the law ruled unconstitutional as violating the Privileges and Immunities Clause, the Militia Clause, the 2nd Amendment, and the 14th Amendment. The 2nd Amendment claim is bolstered by yesterday’s Supreme Court of the United States decision in Heller.

The case is somewhat unusual in that it seeks to sue all the probate judges in Georgia in a class action, with the class being the defendant judges. Class actions usually have a plaintiff class against a single defendant. Before the case can proceed as a class action, the federal judge to whom the case is assigned will have to certify the class.

The class representative, the Fulton County probate judge, was served on June 27, 2008, the day the complaint was filed.  Her answer will be due July 17.

The complaint may be viewed here.