Archive for the 'Temporary Licenses' Category

GCO Sues Richmond County Probate Judge

Tuesday, February 11th, 2014

Harry B. James III, the probate judge of Richmond County, refuses to issue temporary GWLs upon request. GCO recently wrote Judge James, asking him to begin issuing temporaries. Judge James did not deem GCO worthy of a response, so GCO had no alternative but to sue Judge James for a writ of mandamus, ordering him to issue temporaries to eligible applicants. The letter and complaint may be found here.

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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 Succeeds in Getting Coweta County to Issue Temporary

Wednesday, July 25th, 2007

When a GCO member was unable to get a temporary renewal GFL from Coweta County when he applied for a renewal GFL, he contacted GCO. The probate judge refused to issue the temporary because the member had received his previous license from another county. GCO convinced the county attorney that there was no legal basis for that position, and the county attorney so advised the probate judge. When the GCO member went to collect his temporary GFL, he was pleasantly surprised to find that his renewal (5-year) GFL was ready — just 3 business days after he had applied for it.

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Cobb County Responds on Temporaries, 60-day Issue

Thursday, June 21st, 2007

The Cobb County Probate Court has filed its response to a GCO member’s motion for summary judgment in a Cobb County Superior Court case. The issues are whether probate judges are required to issue temporary GFLs, if such temporaries are valid for all purposes that regular GFLs are valid, and if GFLs must be issued within 60 days of application as required by state law. The response to our motion for summary judgment can be viewed here:

http://www.georgiacarry.com/menkus/Def%20Response%20to%20MSJ.pdf

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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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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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Dekalb County Capitulates Under Pressure from GCO, Issues Temporaries

Friday, April 13th, 2007

The Dekalb County Probate Court refused to issue a temporary renewal to a GCO member. GCO attorneys faxed a letter to the court first thing this morning (4/13/07), threatening legal action if the statute were not followed and a temporary issued. Within hours, the court said it would issue a temporary. Other metro Atlanta counties GCO has pursuaded to issue temporaries are Fulton, Cobb, Gwinnett, and Henry. A copy of the letter sent to the court is available here:

http://www.georgiacarry.com/county/dekalb_probate/Judge_Rosh_4-13-07.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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Eleventh Circuit Reverses U.S. District Court on SSN Case Dismissal

Sunday, March 25th, 2007

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

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