Post by Oscar Knight on Nov 7, 2011 15:15:31 GMT -6
Georgia's concealed weapon permit law before 1989 was somewhat ambiguous. While one part of the concealed weapon statute states, "The judge of the probate court of each county may...issue a license..." , a later portion specifies:
Not later than 60 days after the date of the application the judge of the probate court shall issue the applicant a license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications, is of good moral character, and has complied with all the requirements contained herein.
Other portions of the statute specify that licenses shall not be issued to anyone under 21, a fugitive from justice, or anyone awaiting court proceedings for a felony or "forcible misdemeanor." Also disqualified is anyone placed under supervision by a court within the last ten years for a "forcible felony," or the last five years for a "forcible misdemeanor or a nonforcible felony," or hospitalized for alcohol or drug treatment in the last five years. Anyone convicted of any sort of manufacturing, distribution, or possession of a controlled substance is likewise ineligible.
But was the issuance of a permit discretionary or not? The use of "may" in one place suggested that it was discretionary. Yet the language "shall issue" seems non-discretionary. The Georgia Attorney General resolved the question in 1989, when he issued an opinion holding that the judge, "has no discretion to exercise, but must issue permit unless provided with information indicating disqualification of applicant."
www.davekopel.com/2A/LawRev/ShallIssue.htm#c9
Not later than 60 days after the date of the application the judge of the probate court shall issue the applicant a license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications, is of good moral character, and has complied with all the requirements contained herein.
Other portions of the statute specify that licenses shall not be issued to anyone under 21, a fugitive from justice, or anyone awaiting court proceedings for a felony or "forcible misdemeanor." Also disqualified is anyone placed under supervision by a court within the last ten years for a "forcible felony," or the last five years for a "forcible misdemeanor or a nonforcible felony," or hospitalized for alcohol or drug treatment in the last five years. Anyone convicted of any sort of manufacturing, distribution, or possession of a controlled substance is likewise ineligible.
But was the issuance of a permit discretionary or not? The use of "may" in one place suggested that it was discretionary. Yet the language "shall issue" seems non-discretionary. The Georgia Attorney General resolved the question in 1989, when he issued an opinion holding that the judge, "has no discretion to exercise, but must issue permit unless provided with information indicating disqualification of applicant."
www.davekopel.com/2A/LawRev/ShallIssue.htm#c9