Archive for the 'Temporary Licenses' Category

Alert! Probate Courts Refusing to Issue Temporary Licenses

Thursday, August 31st, 2006

Applicants for a renewal firearms license across the state are discovering that the majority of probate courts are refusing to issue temporary renewal licenses.  This began on July 1, 2006, when HB 1032 went into effect, causing mass confusion among the probate judges.  HB 1032 requires fingerprinting and a NICS check for renewal licenses as well as initial licenses.  This has lead probate judges to opine that the General Assembly “abolished” renewal licenses.  Nothing could be further from the truth.

 To read the text of HB 1032 for yourself, please go here.                           

As you can see, HB 1032 struck through the old subsections (a) through (d) of the licensing statute (O.C.G.A. 16-11-129) and inserted new, similar sections that added “or renewal license” to many of the requirements that, prior to July 1, 2006, applied only to first time applicants.

How one reads a statute that says “renewal license” a dozen times and declares that there is now “no such thing” as a “renewal license” is difficult to fathom.

Anyway, the old subsection (i) is still intact, untouched by the July 1, 2006 amendment.  Subsection (i) declares that an applicant for a renewal license may receive a temporary license, good for 90 days, upon payment of $1.00.  It also declares that the judge is to issue the temporary license “at the time of application,” not later after some background check or fingerprinting.  Here is the text of the subsection:

O.C.G.A. 16-11-129(i) Temporary renewal licenses.

(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.

(2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant.

(3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue.

(4) During its period of validity the temporary renewal permit, if carried on or about the holder?s person together with the holder?s previous license, shall be valid in the same manner and for the same purposes as a five-year license.

(5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license.

(6) A temporary renewal license may be revoked in the same manner as a five-year license.