08 LC 35
0645
House
Bill 966
By:
Representatives Day of the
163rd,
Neal of the
1st,
Horne of the
71st,
and Smith of the
70th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating
to a license to carry a pistol or revolver and temporary renewal permits, so as
to require a license or renewal license to be issued more quickly under certain
circumstances; to provide legislative findings; to provide for a cause of action
and civil remedies where a license or renewal license is not timely issued; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds that the right of the people to bear arms as guaranteed
by the Second Amendment to the United States Constitution and Article I, Section
I, Paragraph VIII of the Georgia Constitution is crucial to protecting
individual freedom and safeguarding the many liberties which are the
cornerstones of this great nation. In preserving this right, it is essential
that licenses to carry weapons be timely issued to law abiding citizens who are
seeking to exercise their constitutional right in accordance with the laws of
this state. It is the intent of this legislation to prevent unnecessary delays
and hardships placed by local governments which infringe upon the exercise of
the people´s right to bear arms. It is further the finding of this body
that lawful United States citizens are entitled to obtain a license to carry a
pistol or revolver in a timely manner.
SECTION
2.
Code
Section 16-11-129 of the Official Code of Georgia Annotated, relating to a
license to carry a pistol or revolver and temporary renewal permits, is amended
by revising subsection (d) as follows:
"(d)
Investigation of
applicant; issuance of license; renewal.
(1)
For both license applications and requests for license renewals, the judge of
the probate court
shall, within
two business days following the receipt of the application or
request, direct the law enforcement agency
to request a fingerprint based criminal history records check from the Georgia
Crime Information Center and Federal Bureau of Investigation for purposes of
determining the suitability of the applicant and return an appropriate report to
the judge of the probate court. Fingerprints shall be in such form and of such
quality as prescribed by the Georgia Crime Information Center and under
standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of
Investigation may charge such fee as is necessary to cover the cost of the
records search.
(2)
For both license applications and requests for license renewals, the judge of
the probate court
shall, within
two business days following the receipt of the application or
request, also direct the law enforcement
agency to conduct a background check using the Federal Bureau of
Investigation´s National Instant Criminal Background Check System and
return an appropriate report to the probate judge
within 30
days.
(3)
When a person who is not a United States citizen applies for a license or
renewal of a license under this Code section, the judge of the probate court
shall direct the law enforcement agency to conduct a search of the records
maintained by the United States Bureau of Immigration and Customs Enforcement.
As a condition to the issuance of a license or the renewal of a license, an
applicant who is in nonimmigrant status shall provide proof of his or her
qualifications for an exception to the federal firearm prohibition pursuant to
18 U.S.C. Section 922(y).
(4)
The law enforcement agency shall
notify
report
to the judge of the probate court within
50
30
days, by telephone and in writing, of any findings relating to the applicant
which may bear on his or her eligibility for a license or renewal license under
the terms of this Code section. When no derogatory information is found on the
applicant bearing on his or her eligibility to obtain a license or renewal
license, a report shall not be required.
When the law
enforcement agency fails to report to the probate judge within 30 days as
required by this Code section, there shall be a rebuttable presumption that no
derogatory information is found. The law
enforcement agency shall return the application and the blank license form with
the fingerprint thereon directly to the judge of the probate court within such
time period. Not later than
60
45
days after the date of the application the judge of the probate court shall
issue the applicant a license or renewal license to carry any pistol or revolver
if
no
unless
facts establishing ineligibility have been reported
and
if
or
unless the judge determines the applicant
has
not
met all the qualifications, is
not
of good moral character,
and
or
has
complied
failed to
comply with
all
any
of the requirements contained in this Code
section."
SECTION
3.
Said
Code section is further amended by adding a new subsection (j) to read as
follows:
"(j)
When an eligible applicant who is a United States citizen fails to receive a
license, temporary permit, or renewal license within the time period required by
this Code section and the application or request has been properly filed, the
applicant may bring an action in mandamus or other legal proceeding in order to
obtain a license, temporary license, or renewal license and such applicant shall
be entitled to recover his or her costs in such action, including reasonable
attorney´s fees."
SECTION
4.
This
Act shall become effective on July 1, 2008.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.