I went to renew my firearms permit!

Discussion in 'Law and Justice System' started by Emmett, Oct 3, 2006.

  1. Emmett
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    Emmett Active Member

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    I went to my local probate judges offices recently to renew my firearms license which I have had for close to thirty (30) years. I have renewed it several times before. Every 5 years to be exact. I WAS TURNED DOWN!!!!!

    When I went in to see the Judge a few days later to inquire why a man with NO< repeat NO criminal record would have been turned down for his permit I was told this!


    It is the law that now a permit can be revoked or refused if the applicant has ever been arrested for a drug charge! NOT CONVICTED, just ARRESTED!

    OK, here is the rest of the details. In 1987, some 19 years ago I was hunting in south Georgia. On Sunday afternoon I prepared to come home and my Jeep would not start. I needed to secure a part to fix it which I could not get that evening so I accepted a ride with a fellow who lived somewhat near me and agreed to give me a ride home. On the way home he was pulled over by a Georgia State Patrol officer who searched his car and found a bag of pot in his glove compartment! The officer arrested me and him and took us to jail. At jail I was told I would have to pay 330 dollars to bond out or stay in jail until the next day. I tried explaining that the shit was not mine and that I had only accepted a ride home with the guy. They would have no part of it and I can say they didn't give the slighest shit what I was saying. (Morgan County Georgia). Off to jail I went, you see I did not have 330 dollars CASH on me at the time. I was not allowed to call a bondsman, home or nothing. The next day a friend from work came to Morgan County with 330 dollars and paid my (what I thought was a bond), it was the fine.

    I called Morgan County on many occasions after that to find out when my court date would be only to be told that noone could find any record of a charge against me. Over the years I stopped inquiring. Big mistake!!!!!!

    My record still does not show a conviction, it just shows an arrest. That in itself prevents me now from being issued a firearms permit.

    The amount of pot! Very Little

    I had renewed my permit 3 times since those days and was asked each time by the Probate judge about that arrest and each time I would explain the story the same way I did you.

    I am a law abiding citizen. I have NOT been convicted of a crime! Why are my second amendment rights being withheld from me? Well, it is because of a change in the law attached to Brady that states just an arrest for a drug charge (leaving out pot form the language) would disqualify someone.

    Lets bare in mind this was 19 years ago. Even if I would have been guilty of carrying the 3 or 4 joints this guy had in his car, I think it a bit harsh to restrict someone's basic right to defend themselves against criminals, which is what a handgun is for. I already cannot carry a handgun in my truck (I've written about this before) to defend myself in sleesy truck stops and low budget areas I travel to.

    Lets take this into consideration. A "right" should be non-negotiable! You can't take rights from law abiding citizens. I have never been convicted of a crime!!!!!!! NEVER!!!!!!!!!! How can a right be taken from me. Ones right to protect themselves is not a privledge license a drivers license.

    What do y'all think? I can't wait to read what Gunny thinks about this scenario! Jeff, Kathianne, y'all chimne in, I would really like to know what you guys think about my little situation.
     
  2. Mr. P
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    Mr. P Senior Member

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    E...I'll get back to you...Watch the thread.
     
  3. Mr. P
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    Mr. P Senior Member

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    Emmett, I’ve been looking into all the carry laws in the last few weeks.
    I think you ran across an incompetent government employee.
    Check the links at the bottom. You should be able to get the permit, IMO. I found nothing about any new law. I did have a link to counties in Ga. that do NOT follow the law; I’ll keep looking for it. Even IF you were convicted check the BOLD part.
    ****************************************************

    b) Licensing exceptions. No license shall be granted to:

    (1) Any person under 21 years of age;

    (2) Any person who is a fugitive from justice or against whom
    proceedings are pending for any felony, forcible misdemeanor, or
    violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until
    such time as the proceedings are adjudicated;

    (3) Any person who has been convicted of a felony by a court of
    this state or any other state; by a court of the United States
    including its territories, possessions, and dominions; or by a
    court of any foreign nation and has not been pardoned for such
    felony by the President of the United States, the State Board of
    Pardons and Paroles, or the person or agency empowered to grant
    pardons under the constitution or laws of such state or nation or
    any person who has been convicted of a forcible misdemeanor and
    has not been free of all restraint or supervision in connection
    therewith for at least five years or any person who has been
    convicted of a violation of Code Section 16-11-126, 16-11-127, or
    16-11-128 and has not been free of all restraint or supervision in
    connection therewith for at least three years, immediately
    preceding the date of the application;


    (4) Any individual who has been hospitalized as an inpatient in
    any mental hospital or alcohol or drug treatment center within
    five years of the date of his application. The probate judge may
    require any applicant to sign a waiver authorizing any mental
    hospital or treatment center to inform the judge whether or not
    the applicant has been an inpatient in any such facility in the
    last five years and authorizing the superintendent of such
    facility to make to the judge a recommendation regarding whether a
    license to carry a pistol or revolver should be issued. The judge
    shall keep any such hospitalization or treatment information
    confidential. It shall be at the discretion of the probate judge,
    considering the circumstances surrounding the hospitalization and
    the recommendation of the superintendent of the hospital or
    treatment center where the individual was a patient, to issue the
    license; or

    (5)(A) Any person, the provisions of paragraph (3) of this
    subsection notwithstanding, who has been convicted of an offense
    arising out of the unlawful manufacture, distribution,
    possession, or use of a controlled substance or other dangerous
    drug.

    (B) As used in this paragraph, the term:

    (i) "Controlled substance" means any drug, substance, or
    immediate precursor included in the definition of controlled
    substances in paragraph (4) of Code Section 16-13-21.

    (ii) "Convicted" means a plea of guilty, a finding of guilt by
    a court of competent jurisdiction, the acceptance of a plea of
    nolo contendere, or the affording of first offender treatment
    by a court of competent jurisdiction irrespective of the
    pendency or availability of an appeal or an application for
    collateral relief.

    http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/11/129

    And under Georgia Statutes, same stuff.
    http://www.legis.ga.gov/legis/GaCode/?title=16&chapter=11&section=129
     
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  4. CrimsonWhite
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    CrimsonWhite *****istrator Emeritus Supporting Member

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    Sounds like horseshit to me. I would consult an attorney to get the arrest expunged. As for the carry permit, I would go back and argue it again. Sounds like you caught a probate judge on a bad day. Try again, then consult an attorney.
     
  5. ScreamingEagle
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    ScreamingEagle Gold Member

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    This is just another scenario that supports the reason why we should not need to get a "permit" for owning a gun. A "permit" means that someone else is controlling you and "permitting" you according to their rules. Why should we have "permits" for what is a Constitutional right?
     
  6. Mr. P
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    Mr. P Senior Member

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    We don't need a permit to own or buy in Ga. You do need a permit to carry, open or concealed, in public.
     
  7. Mr. P
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    Mr. P Senior Member

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    Emmett, Much of the same but scroll to the end for the below quote…

    http://www.packing.org/state/georgia/
     
  8. ScreamingEagle
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    ScreamingEagle Gold Member

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    So how do you get it from the store to your home?
     
  9. Annie
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    Annie Diamond Member

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    I'm with nearly all of the above. I'd first try to get some sort of hearing. If unsatisfactory, I'd hire an attorney and let loose with the press. Call the NRA.
     
  10. Mr. P
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    Mr. P Senior Member

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    Your car is an extention of your home. It's legal to have a weapon in your home, or in your car unloaded. As far as buying and walking out of the store, as long as it's not loaded you're fine.

    EDIT: It can be loaded in the home but not in the car or public.
     

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