On Friday, March 23, the U.S. Court of Appeals for the 11th Circuit issued an opinion in Camp v. Cason, reversing the U.S. District Court for the Northern District of Georgia, and reinstating GCO member James Camp’s case against the Georgia Department of Public Safety and the Carroll County probate court.  In its opinion, the Court of Appeals cited several instances in which the District Court had erred by dismissing Camp’s case, saying Camp should be allowed to argue the merits of his case.

 The full opinion can be seen here:

http://www.georgiacarry.com/camp/EleventhCircuitOpinion.pdf

In a recently filed brief to the Eleventh Circuit Court of Appeals (the federal appellate court based in Atlanta), the President of the Georgia Probate Judges Council argued before the panel of judges that Georgia is a “may issue” state and that the judge has “discretion” over whether to issue.  The brief argued:

Clearly, the first portion of O.C.G.A. 16-11-129(a) provides the probate judge with discretion to issue or not issue a license.  The statute plainly states that a judge of the probate court “may” issue - or not issue - a license or renewal license.  The term “may” is ordinarily . . . permissive, and discretionary provisions are not commands.

This argument by the president of the council may explain a lot of the issues GCO members have been experiencing around the state with their local probate courts.  This brief is entitled Brief on Behalf of Defendant/Appellee Betty B. Cason, and it is filed in the records of the Eleventh Circuit Court of Appeals, Appeal No. 06-16425-G, in case anybody needs a reference to point out to interested legislators on why the word “may” in O.C.G.A. 16-11-129(a) should probably be changed by legislative amendment.

The Appellant in Camp v. Cason, has filed his reply brief at the U.S. Court of Appeals.  All briefs are now filed, and this case is ready for the court decide.  The reply brief can be viewed at

http://www.georgiapacking.org/camp/AppellantReply.pdf

The state Department of Public Safety and the Carroll County Probate Judge have filed their briefs in the Camp case, currently pending in the United States Court of Appeals for the 11th Circuit.  The appellant, who sued to enforce his rights under the federal Privacy Act and the state GFL law, has 20 days to file a reply.  The appellees’ briefs can be viewed at:

www.georgiapacking.org/camp

The appellant in the federal case against the state and Carroll County has filed his brief in the U.S. Court of Appeals for the Eleventh Circuit.  The state and county have until Dec. 10 to file a response.  Briefs can be viewed here:

http://www.georgiapacking.org/camp

In response to GCO-sponsored litigation, the Henry County Probate Court has agreed not to require SSN and employment information, and to issue a temporary license to the plaintiff.

 The letter agreeing to do so is here:

 http://www.georgiapacking.org/puckett

In another case sponsored by GCO, a lawsuit has been filed in federal court against the Henry County probate judge.  When a member approached GCO about redressing Privacy Act and Georgia Firearms Act violations, GCO stepped in to help.  The action seeks to require the probate judge to issue temporary renewal licenses, not to require SSN and employment information from applicants, and to provide warnings required by the Privacy Act if SSNs are requested on a voluntary basis.

There will be a hearing on Tuesday, October 10 on the plaintiff’s motion for a temporary restraining order, requiring immediate acceptance of the plaintiff’s renewal application without SSN and employment information, and issuance of a temporary renewal license.

The complaint and brief in support of the motion are available here:

http://www.georgiapacking.org/puckett

The plaintiff in the federal case against the Carroll County Probate Court and the Georgia Department of Public Safety has filed a notice of appeal.  The appeal will be heard by the United States Court of Appeals for the Eleventh Circuit.  The appellate documents will be posted as they become available.

The federal litigation to stop Georgia probate courts from requiring SSNs and employment information ended abruptly on 9/12/06, when the court dismissed the case as moot.  In its opinion, the court said the plaintiff had received his (temporary) GFL without having to provide his SSN, so there was nothing else for the court to rule on and no other relief the plaintiff could receive.

The court did not address the fact that plaintiff had requested a permanent injunction to prevent requiring SSN and employment information and to require the warning imposed by the federal Privacy Act if the SSN is even requested.  The court also did not address plaintiff’s requested relief for past wrongs.  The plaintiff is evaluating his options.

The court’s opinion can be found in the link below under “Good News” where several documents from the case are contained.

A federal judge in Atlanta recently issued a Temporary Restraining Order in favor of a Georgiacarry.org member. The Order requires a local probate judge and the Department of Public Safety to process the member’s application for a firearms license without disclosing his social security number. The basis for the lawsuit is the federal Privacy Act.

A copy of the federal court Order is here. http://www.georgiapacking.org/SSN_TRO.pdf

The lawsuit also seeks to prevent probate courts and the Department of Public Safety from demanding that applicants disclose their employment information in order to apply for a firearms license.

All relevant briefs filed in the case to date by the plaintiff and the government defendants are here:

http://www.georgiapacking.org/camp/