This is a discussion on GCO takes Cobb County, GA judge to federal court within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; GeorgiaCarry.ORG has filed for a writ of mandamus against the Probate Judge of Cobb County seeking the issuance of a Temporary Georgia Firearms License. Read ...
Last edited by mzmtg; November 1st, 2006 at 01:45 PM.
Man, what is going on lately with gun rights in GA? Their citizens are being forced to sue the counties left and right for their rights. I live in MA, and I generally think of southern states as being relatively gun friendly when compared with PRMA. But even we don't have to go though tribulations such as these.
Just a couple of weeks ago I read through this proceeding ongoing on Coweta county. If you actually take time to read through all the motions/countermotions you'll be utterly amazed at the obstinance of the county officials while they callously and ingenously discourage their residence of exercising their 2A rights.
Even though the petitioner did eventually get his GFL (or whatever its called) it took much longer than the administrative time limit set by the laws of GA for the issuance of a firearm license. The position of the issuing judge and the courts thus far is that the applicable law does not bound the issuing authority to a time limit via a technicality. Petitioner now seeks an judgement against the county to ensure that they'll abide by the administrative process in the future. The suit is now in appeals having been affirmed for the defendant (the judge) in Superior court.
From memory I believe the applicable status gives the issuing authority 60 days to either approve or deny. The petitioner's permit took over 120 days. It's completely insane how county officials in this case are obviously making up the law as they go.
I have plans to relocate permanently to GA within the next twelve months. I thought I was going to a free-state but cases such as these have me wondering.
2nd Amendment: because personal violence never makes an appointment.
Evil resides in the heart of the individual, not in inanimate objects.
Proud Member of GeorgiaCarry.Org
The big problem with getting GFLs issued lies in the fact that there are 159 different issuing agencies, the Probate Courts in each county.
The other HUGE issue is the list of places where carry is off limits and the amibiguity of the code sections establishing these places. GA is the MOST restrictive state in the country in this regard.
This just confirms for me what I had begun recently to understand about CCW across the country:
It is touted that we have "shall issue CCW" in thirty-some-odd states, but in a good number of those states, there are all kinds of deplorable restrictions and other situations.
I've read here on CCforum about states where you can't legally carry your gun if you enter an establishment that sells alcohol, period! That means if you're going out with the wife to TGIFriday's or somesuch, you must leave yourselves undefended. Can't carry in Walmart because they sell wine and beer.
I think it is way too simplistic, now, to trumpet how many states have CCW when in an abundance of places, the right is really far from secure, and far from adequately fleshed out.
This reminds me of a situation that existed in Suffolk County, NY when I was living there in around '95.
One of the county legislators applied for a handgun license in Suffolk. Now, NY is a state that requires a license to purchase and own a handgun (unlike Florida and others states where only carry requires a license).
The application process varies from county to county (which is asinine). In Suffolk, you WILL wait a full six months before approval. You have to go for interviews with the police licensing division, and go in with all kinds of notarized paperwork, and even three character references. (Mine were never even contacted to be asked about me.) I don't remember the costs, but I don't imagine they were cheap.
Anyway, this legislator went in and applied for a license, and when he got it he was dismayed when he came to understand that the license they grant does NOT permit concealed carry! (Other counties in NY often DO permit concealed carry to those issued a license. Suffolk does not. Neither does neighboring Nassau... and beyond that lies NYC: you know the story there.)
So this legislator wrote a law that was passed, that ordered the police department (essentially ordering the police commissioner) to grant the licenses in accordance with STATE law, which places no restriction on concealed carry for those with a license to purchase and own a handgun.
The long and the short of it is, the police commissioner of Suffolk County, NY, REFUSED TO ABIDE BY THE LAW, and essentially carried on as though it did not exist.
I don't know what happened with the legislator. (It would not surprise me if he was hushed up by being granted an unrestricted permit in exchange for dropping the issue, but I don't know.) All I know is that I never heard any more made about it.
When law enforcement fails to follow laws, it sets a dangerous precedence, as laws only work because the majority of us choose to follow them...
Maybe the GA legislature will take some action.
Special sections for S&W and Ruger
Members in AZ please sound off about restrictions on CCW that you think we should know about. I thought I had read of some that struck me as strict (since I live in FL and it's one of the most lax) but I can't remember what it was. Maybe something about "anywhere there's alcohol," but that might be NM... I dunno. I just feel like I remember coming across some restrictions specific to Arizona...
I sound extreme and like a broken record, but the only way to cure this kind of stuff is to CRIMINALIZE it, make them felonies, with mandatory minimum prison sentences for those who won't do their duty.
But it'll never happen.
Exactly. It's like I keep telling my dad when he rails on about how "term limits" and "campaign finance reform" are the solutions to all our country's ills (yeah, Dad's been living in NY metropolitan area too long)... "Dad, the people who you are counting on to put those things in place are the people who would be putting themselves out of power if they did so. You really expect you're going to see this enacted by the very people it would put on the street?!"
He and others still just don't get it. No force in power ever gives up its power willingly.
This is a perfect example as to why we need to keep up with the NRA and their list of pro 2A legislatures. We have to ban together in our respective states and vote the sheep out.
Life is too short to be serious!
If you stand up and be counted, from time to time you may get yourself knocked down. But remember this: A man flattened by an opponent can get up again. A man flattened by conformity stays down for good. ~ Thomas J. Watson, Jr.