Archive for the 'SSN required for application' Category

Henry County Probate Judge Moves to Amend Judgment

Tuesday, August 7th, 2007

The Henry County Probate Judge has filed a motion to amend the judgment of the federal court, arguing that the Court of Appeals of Georgia decision in the Moore case was controlling.  The motion may be viewed here:

http://www.georgiacarry.com/puckett/Doc 39-2 Brief in Support of Motion.pdf

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GCO Wins Federal Lawsuit Against Henry County Probate Judge on SSN, 60-Day Issues

Friday, August 3rd, 2007

The U.S. District Court for the Northern District of Georgia has ruled in favor of a GCO member that sued the Henry County Probate Judge. The court found that the probate judge violated the federal Privacy Act by failing to provide the required warning when the GCO member was asked for his social security number on his GFL application. Because of this violation, the court ordered the probate judge to provide the proper warning in the future if social security numbers are requested (as a result of a separate case, most probate judges no longer request social security numbers). The court also found that the probate judge violated Georgia law by failing to issue the GFL within 60 days of the application. As a result of this violation, the court ordered the probate judge to abide by Georgia law for future GFL applications. Finally, the court ruled that the probate judge must pay reasonable attorney’s fees, in an amount to be determined from future court filings.  The court’s order can be viewed here:

http://www.georgiacarry.com/puckett/Doc36 Order Granting Summary Judgment.pdf

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State Files Reply in SSN Case

Friday, June 15th, 2007

In a federal court case against the state and the Carroll County Probate Judge over social security numbers and employment information being required for firearms applications, the state has filed a reply brief in support of its motion for summary judgment.  No more briefs will be filed in these motions, so the case now will be decided by the judge.  To see the state’s brief, and other documents from this case, click here:

http://www.georgiacarry.com/camp

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More Briefs Filed in Federal SSN Case

Monday, June 4th, 2007

A GCO member suing the state Department of Public Safety and the Carroll County Probate Judge has filed reply briefs in support of his motion for summary judgment, and a response to the state’s motion for summary judgment.  This case includes the issue of whether SSNs can be requested on GFL application forms.  The case was dismissed as moot last fall but reinstated in March by the 11th Circuit Court of Appeals.  The court now will decide again whether the case is moot.

The briefs may be viewed here: http://www.georgiacarry.com/camp

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SSN Removed from GFL App; State Calls Case Moot (Again)

Thursday, May 17th, 2007

The Georgia Department of Public Safety has changed the GFL application form for the second time in less than a year in response to a GCO member federal lawsuit.  Now, the form no longer requests SSN or employment information, even on an optional basis.  The state claims that the form has been distributed to all probate judges, with instructions to destroy earlier versions of the form.  The state says once again that the pending lawsuit is moot, because of the change in the form.  After the state’s first change in the form, it called the case moot, and the federal district court dismissed the case.  The U.S. Court of Appeals reversed, ruling that the case was not moot.  The briefs of the Department of Public Safety and the Carroll County Probate Judge can be found here:

http://www.georgiacarry.com/camp

 

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Carroll County Judge Answers Lawsuit

Thursday, May 10th, 2007

The Carroll County Probate judge has filed an answer to a lawsuit brought by a GCO member in federal court.  The lawsuit seeks to enforce the provisions of the federal Privacy Act and the GA Weapons and Firearms Act on the GFL application process, by preventing the probate judge from requesting SSNs and employment information.  This is the case that was dismissed by the district court, and the dismissal was reversed by the U.S. Court of Appeals for the 11th Circuit.  The answer can be seen here:

http://www.georgiacarry.com/camp/Doc 79 Answer of Def Cason.pdf

Other documents related to this case are here: http://www.georgiacarry.com/camp

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State Files Answer in Federal SSN Case

Monday, May 7th, 2007

The Commissioner of the Georgia Department of Public Safety has filed an answer to a complaint in federal court.  The lawsuit is based on a GCO member’s inability to get a Georgia firearms license in Carroll County because of the member’s election not to disclose his social security number.  This is the case that was dismissed by the federal district court and reversed by the 11th Circuit Court of Appeals.  The answer, along with other court documents, can be viewed here:

http://www.georgiacarry.com/camp

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GCO Files Reply Brief in Federal SSN Case in Henry County

Friday, April 20th, 2007

GCO has filed its reply brief in support of its motion for summary judgment in the Puckett v. Powell case, in federal court against the Henry County probate judge.  The case includes, among others, a claim that the probate judge violated the federal Privacy Act by failing to give warnings before requesting a social security number (for firearms license applications).  The case also seeks to enforce the requirement that firearms licenses be issued within 60 days of application.  This motion is now fully briefed, and will be submitted to the federal judge for a decision.  The reply brief may be viewed at:

http://www.georgiapacking.org/GCO/puckett/Doc35-1Reply-for-MSJ.pdf

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Henry County Probate Judge Responds to GCO’s Motion for Summary Judgment

Monday, April 16th, 2007

The Henry County Probate Judge has responded to GCO’s motion for summary judgment in a case in federal court over requests for social security numbers in firearms license applications and probate courts taking longer than 60 days to issue a firearms license to qualified applicants.  The County’s brief may be viewed at:

http://www.georgiapacking.org/GCO/puckett/Doc33-Def-Resp-to-Plaintiffs-MSJ.pdf

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GCO Files Motion for Summary Judgment in 2nd SSN Case

Tuesday, March 27th, 2007

GCO has filed a motion for summary judgment in the second case filed in federal court over probate courts’ requirements for firearms license applicants to provide social security numbers.  This case, Puckett v. Powell, against the Henry County Probate Court, focuses on the continued refusal to provide warnings required by the federal Privacy Act whenever social security numbers are requested.  The defendant will have until April 20 to respond.  The text of the brief in support of the motion can be found at http://www.georgiacarry.com/puckett/Doc32-2Brief-in-support-of-MSJ.pdf

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