6 month wait to apply for CCW in GA?

[Teufelhunden]

This was also posted on packing.org, but for lack of traffic/replies, I'm re-posting it here.

I just moved down to Lowndes county in Georgia from Virginia, and when I went to apply for my CCW (which I had in VA), the clerk of the court told me that I had to be a resident of the county for 6 months before I could even apply, then once I had filed my application, it would be about another 4 months before I would get it. Looking at GA law, the court has 60 days to issue or deny the application, and it doesn't say ANYTHING about waiting 6 months to initially file. As follows is Georgia's preemption law:

"(b)(1) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components."

According to this section of the Georgia code, counties do not have the right to further restrict the licensing of weapons. Is there legal recourse to compel the county to obey state law, both in terms of NOT demanding a 6 month wait and in terms of getting my permit in 60 days or less?

-Teuf

 

[Gray Peterson]

Do you have:

A) A drivers license and car registration with the location within that county

B) Car plates with a Georgia address?

C) Voter registration in that county?

Then they have no right.

Ask to speak with the probate judge directly on the matter if she continually insists that you must wait 6 months.

 

[Standing Wolf]

...the clerk of the court...

...probably has a supervisor somewhere.

 

[Oracle]

If you're in a small county in GA, yes, speaking to the probate judge would probably be the best thing. Usually, the smaller the county in GA, the quicker you get your CCW. I got mine from Walton in a week.

 

[sensop]

They may very well have the statutoral right. Don't confuse what's right with what's required by statute (i.e., what's legal). GA only issues resident "Georgia Firearms Licenses" to residents. What the clerk explained to you were the requirements for residency, technically speaking, notwithstanding any of the accepted methods of establishing the "intent" to become a premanent resident. She is technically correct. However, in Georgia, residency can be established for different purposes by the various expressions of "intent" to become a permanent resident. That makes it complicated and that's when bureaucrats retreat to the letter of the statute. Driver's license, permanent address, etc., are normal ways to show the intent to become a resident, just as in other states, for various accepted purposes by the state. If you are a home or land owner, then you are on the ad velorum tax roll in your county and your residency is a slam dunk fact. If that's your situation, then the Clerk of a County Court should know better. If you're not a property owner, you may have to wait for your residency to be established for this purpose. It's the state's call. Go to the Probate Judge's office and speak to one of the judge's office clerks. They will give you the scoop. Just remember that each state has multiple methods of establishing residency for different purposes. Go figure.

 

[Thumper]

In Clarke county circa '95, I had to establish Ga. residency before applying.

 

[Teufelhunden]

Gah. If there were ever an easy place to get my CCW, I would think that rural Georgia would be it. Going their route, I'll probably be a cop by the time I can get my permit, and the whole thing will be moot...I had just been looking to fill the time between now and PD off-duty carry.

-Teuf

 

[Al in Md]

If you are not a GA. resident then you should not have to pay any GA. income tax for that period of time.

 

[Lone_Gunman]

Nice try AL, but you don't have to be a GA resident to pay GA income tax.

 

[BigG]

I didn't think you established residency in any state until 6 mos elapsed. ie, register to vote, etc.

 

[Lennyjoe]

Are you military? If so I have some good reading for you that has to do with CCW and military in Georgia.

 

[Teufelhunden]

Military, yes. Active duty AF at Moody AFB, no. I'm a US Marine Corps Reservist, so I don't believe any of the transient military laws apply to me...

I'm torn at this point between digging into this further and letting it go entirely. On the one hand, I'm not comfortable with the thought of not having my CCW, and I do feel that the county is doing something illegal. On the other hand, my wife's an attorney, and the judges around here have already proven to be kinda loony for reasons other than associated with my current gripe, so I'd hate to have her walk into a courtroom and have a judge say "So you're HIS wife huh?" after I've raised hell about this...

-Teuf

 

[Norm357]

Look it up. Active duty military need no permit in Ga. Carry on your ID.


Norm

 

[Norm357]

Here it is. I looked it up for you. Section 3 is the statute.


16-11-130.

(a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

(1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state;

(2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;

(3) Persons in the military service of the state or of the United States;

(4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

(5) District attorneys, investigators employed by and assigned to a district attorney´s office, assistant district attorneys, attorneys employed by the Prosecuting Attorneys´ Council of Georgia, and any retired district attorney, assistant district attorney, or district attorneys investigator if such retired employee is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;

(6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general´s office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;

(7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;

(8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;

(9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation;

(10) Public safety directors of municipal corporations;

(11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties;

(12) State and federal trial and appellate judges, full-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement;

(13) United States Attorneys and Assistant United States Attorneys;

(14) County medical examiners and coroners and their sworn officers employed by county government; and

(15) Clerks of the superior courts.

(b) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of Division of Probation.

(c) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any:

(1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired deputy sheriff is receiving benefits under the Peace Officers´ Annuity and Benefit Fund provided under Chapter 17 of Title 47;

(2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees´ Retirement System;

(3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers´ Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or

(4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers´ Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system.

In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms.

(d) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 need not negative any exemptions

 

[Lennyjoe]

Norm357 gave you the intel that I was just about to divulge. I asked a Lowdnes county Sherriff when I was there (from 95-00) and he said as long as you have your military ID and it would be advisable to carry a copy of the Code along with you that you would be within the law.

How do you Like Valdosta? I enjoyed the 5 years I was there. Alot of hunting and fishing in them parts. Enjoy

 

[Teufelhunden]

I've learned over my time as a reservist that very few of the priviledges extended to my active-duty brethren are also extended to me. The statute might indeed say "(3) Persons in the military service of the state or of the United States; ", and I consider myself to be in the military service of the United States, but without being able to review the case law (previous decisions on the matter by the GA courts) I think it would be presumptuous to assume that they intended for resident reservists to be able to carry as freely as transient active duty...

Do we have any attorneys with access to Lexis-Nexis reading this thread?

Meanwhile, Valdosta had 3 drive-by shootings last week, which is a lot for a town in southern GA with a population of 50,000...

-Teuf

 

[Croyance]

When I moved to Cobb county, they let me apply immediately after getting drivers liscence.

 

[Norm357]

Teufelhunden

If you are full time reservist you fall under the statute. Call the state AG and they will confirm this for you.


Norm

 

[sensop]

Full time reservist as in reservist on active duty? Maybe. Full time reservist as in permanent party cadre for a reserve unit? (in the Air Force we call them ARTs - Air Reserve Technicians). I don't think so.

Military personnel on extended active duty may or may not claim Georgia as their home of record, yet they are extended an exemption from the GA Firearms License requirements. (BTW, I thought the wording of the statute had been changed to add "in the performance of their normal duties.")

Nevertheless, I think this will come down to the color of the ID card. One should consider this licensing exemption for extended active duty military personnel a temporary status for the duration of their assignment in Georgia. Or, in the case of a Georgia reservist or guardsman, for the duration of the mobilization, as long as it is over 179 consecutive days, which, IIRC, is the definition of EAD. A ready reserve (cat A or B) ID card will not get you over this licensing requirement. My last 12 years in the AF Res, I was a Cat A Ready Reservist and Georgia resident. It didn't work for me.

I really think a Probate Judge should answer this question of residency for the purpose of obtaining a GA Firearms License. It is a GA statute and does NOT (is not supposed to ...) vary from county to county.