GA Law (O.C.G.A. 16-11-126 THRU 16-11-130):
- TO APPLY FOR A FIREARMS LICENSE IN THIS COURT, YOU MUST BE 21 YEARS OF AGE OR OLDER AND BE A RESIDENT OF COOK COUNTY. YOU MUST PRESENT A PHOTO I.D. AND PROOF OF YOUR PRESENT COOK COUNTY ADDRESS.
- ALL PERMITS WILL BE SENT TO YOU BY MAIL.
- IF THE PERMIT IS DENIED, THERE IS NO REFUND.
* You may apply three (3) months before your permit expires.
After the applicant has been processed / fingerprinted, the Sheriff’s Department will notify the Probate Court of any findings relating to an applicant’s eligibility. Upon the receipt of the information, the court will notify the applicant regarding the eligibility/issuance of his/her license.
The cost of the five year license is $75.00. Personal checks are accepted and should be made payable to Cook County Probate Court.
Presently, the State of Georgia Attorney General’s Office has a reciprocal agreement with certain other states, which provides for persons who are licensed to carry a handgun in the State of Georgia, may also carry a handgun in such other state, provided that such license holder is complying with that state’s law. Such agreement also provides that any person licensed to carry a handgun in that state, and who is not a resident of this state, shall be authorized to carry a handgun in this state, provided that such license holder is complying with the laws of this state. The states in which Georgia has this reciprocal agreement may be found at the following State of Georgia Attorney General’s web site address:
http://law.ga.gov/02/ago/home/0,2705,87670814,00.html
Firearms laws for individual states throughout the United States may be found at the following Department of Alcohol, Tobacco and Firearms web site address:
http://www.atf.gov/firearms/index.htm
STATES ENTITLED TO FIREARM LICENSE RECIPROCITY:
Alabama, Alaska, Colorado, Florida, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah and Wyoming
O.C.G.A. 16-11-129 SB
A concealed carry permit is now called a Weapons Carry License, and the License allows the carry of either a handgun or a knife. O.C.G.A. ‘ 16-11-125.1.
The cost of a Weapons Carry License is now $75.00, and the License is valid for five (5) years. O.C.G.A. ‘ 16-11-129(a).
For both original weapons carry licenses and A renewal licenses,@ the judge of the probate court now has five (5) days following receipt of the application to direct the law enforcement agency to request a fingerprint based criminal history records check from the GCIC and FBI. Also, the judge of the probate court has five (5) days to request a background check using FBI NICS. The court must still run an ICE check on all non-citizen applicants. O.C.G.A. ‘ 16-11-129(c).
If, at any time during the period for which the weapons carry license was issued, the judge of the probate court learns or has brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that the person is not eligible for a weapons carry license:
- Pursuant to subsection (b) of the Code section, which is the list of Georgia prohibits and the incorporated federal prohibits, or
- Upon an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage. O.C.G.A. ‘ 16-11-129(e).
The weapons carry licenses will continue to bear a fingerprint of the applicant until December 31, 2011. The license should bear the applicant=s right index finger, but if that print cannot be secured, the license may bear the print of another finger but the print will be marked to identify the finger from which the print was taken. O.C.G.A. ‘ 16-11-129(f) (1).
On or after January 1, 2012, the license will no longer bear a fingerprint but must be a photo id that looks and feels more like a credit card that displays both overt and covert security features, including a minimum of three ultraviolet colors, color shifting characteristics, or holograms, front edge only perimeter visibility, etc., that displays the state seal. The Council of Probate Court Judges of Georgia will create specifications for the probate courts so that all the licenses in the state are uniform and so that the courts can petition the Department of Administrative Services to purchase the equipment and supplies necessary for producing the licenses. O.C.G.A. ‘ 16-11-129 (f) (2).
The Licensing exceptions, or prohibits, are as follows and are subject to the following definitions: O.C.G.A. ‘ 16-11-129(b).
- As used in O.C.G.A. ‘ 16-11-129(b), the definitions of A controlled substance@ and A dangerous drug@ have remained the same. The definition of A conviction@ now includes only a plea of guilty or a finding of guilt or the acceptance of a plea of nolo contendere. The definition of A conviction@ no longer includes the affording of first offender treatment.
- No Weapons Carry License shall be issued to:
A) Any person under 21 years of age;
B) Any person convicted of a felony who has not been pardoned;
C) Any person against whom proceedings are pending for any felony (under indictment);
D) Any person who is a fugitive from justice;
E) Any person who is prohibited pursuant to subsections (g) and (n) of 18 U.S.C. ‘ 922:
(g)(1) Persons convicted of/under indictment (or information) for a crime punishable by imprisonment for a term exceeding one year, whether or not sentence was imposed. This includes misdemeanor offenses with a potential term of imprisonment in excess of two years, whether or not sentence was imposed.
(g)(2) Persons who are fugitives from justice.
(g)(3) Persons who are unlawful users of or addicted to any controlled substance.
(g)(4) Persons who have been adjudicated as mental defectives or committed to any mental institution.
(g)(5) Persons who are aliens and are illegally or unlawfully in the United States and Legal aliens having a nonimmigrant status not covered by an exception.
(g)(6) Persons who have been dishonorably discharged from the U. S. Armed Forces.
(g)(7) Persons who have renounced their U. S. citizenship.
(g)(8) Persons who are subject to current restraining order involving an intimate partner or the child of an intimate partner.
(g)(9) Persons who have been convicted of a misdemeanor crime of domestic violence.
(n) Persons under current indictment or information for a crime punishable by a term of imprisonment in excess of one year;
F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug;
G) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code Section, which states:
(e) Revocation, loss, or damage to license. If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to subsection (b) of the Code section or an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage.
H) Any person who has been convicted of any of the following and who has not been free of all restraint or supervision in connection therewith and free of another conviction for at least five (5) years immediately preceding the date of the application:
(i) Pointing a gun or pistol at another person (O.C.G.A. ‘ 16-11-102)
(ii) Carrying a weapon without a weapons carry license (O.C.G.A. ‘ 16-11-126),
(iii) Carrying a weapon or long gun in an unauthorized location
(O.C.G.A. ‘ 16-11-127);
I) any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and who, for the five (5) years immediately preceding the date of application, has not been free of all restraint or supervision in connection therewith or free of:
(i) A second conviction of any misdemeanor involving use or possession of a controlled substance, or
(ii) Any conviction under subparagraphs (E) through (G), which prohibit:
E) Any person who is federally prohibited
F) Any person convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or dangerous drug,
G) Any person who has had his or her weapons carry license revoked
J) Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five (5) years immediately preceding the application. The judge may require the applicant to sign a waiver authorizing the treatment facility to inform the judge whether or not the applicant has been an inpatient and authorizing the superintendent to make a recommendation to the judge regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued….It will be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center, to issue a weapons carry license or renewal license. - If the applicant was afforded first offender treatment, without adjudication of guilt, for a conviction of one of the following charges (drug related) and the sentence was successfully completed and the person has not had any other convictions (of any sort) since the completion of the sentence and it has been five (5) years since the sentence was successfully completed, the applicant will be eligible for a weapons carry license, provided no other prohibits apply:
(F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug
(I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance.