Georgia Carry : An information clearinghouse for Georgia Firearms License issues and news » Temporary Licenses

Henry County Probate Judge Moves to Amend Judgment

jrm — Tue, 07 Aug 2007 21:33:46 +0000

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

GCO Succeeds in Getting Coweta County to Issue Temporary

jrm — Wed, 25 Jul 2007 15:23:53 +0000

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.

Cobb County Responds on Temporaries, 60-day Issue

jrm — Thu, 21 Jun 2007 17:59:51 +0000

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

Summary Judgment Requested in Cobb County

jrm — Fri, 27 Apr 2007 21:26:18 +0000

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

GCO Files Reply Brief in Federal SSN Case in Henry County

jrm — Fri, 20 Apr 2007 19:28:30 +0000

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

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

jrm — Mon, 16 Apr 2007 20:56:03 +0000

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

Dekalb County Capitulates Under Pressure from GCO, Issues Temporaries

jrm — Fri, 13 Apr 2007 21:09:06 +0000

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

GCO Files Motion for Summary Judgment in 2nd SSN Case

jrm — Tue, 27 Mar 2007 18:10:09 +0000

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

Eleventh Circuit Reverses U.S. District Court on SSN Case Dismissal

jrm — Sun, 25 Mar 2007 12:51:21 +0000

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

�

Murray County Now Issuing Temporary Licenses

Ed Stone — Wed, 21 Mar 2007 16:08:23 +0000

GCO member Stephen Richards was refused a temporary renewal license in Murray County when he requested it and offered the statutory $1.00 fee at the time when he applied for his renewal�license.� Mr. Richards sent the following letter to the probate court:

The Honorable Dale Adams, Probate Judge, Murray County
115 Fort Street
Chatsworth, GA 30705

Dear Mr. Adams,

On February 8, 2007 I made application to renew my Georgia Firearms License. When I made application, I requested a Temporary License per the Official Code of Georgia Annotated (OCGA) 16-11-129 section (i). I was denied the Temporary License by the ladies in the office and by you during a telephone conversation later that day.

I have included a copy of OCGA 16-11-129 and a copy of House Bill 1032. House Bill 1032 amended sections (a) through (d) of OCGA 16-11-129. Section (i) of OCGA 16-11-129, Temporary renewal licenses remained unchanged.

OCGA 16-11-129 section (i) (1) Any person who holds a license under this Code section to carry a pistol or revolver may, at the time he applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he then holds or if his previous license has expired within the last 30 days.

My license expired on January 24, 2007. I am writing to request a Temporary License per OCGA 16-11-129 section (i).

Sincerely,

Thanks to the efforts of Mr. Richards, the Murray County Probate Court now follows the law on this matter and issues temporary licenses to renewal applicants.� This is but one more demonstration of grassroots efforts at work!