Sues Probate Judge Who Refuses to Issue Temporary Carry Permits Despite Clear Law

February 18 2014
by GSL Staff
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images (7) (GCO) is a grassroots gun rights organization in, you guessed it, Georgia. The organization is involved both in lobbying efforts at the state capitol as well as in the courts.

It was recently brought to GCO’s attention that the probate judge of Richmond County, GA was refusing to issue temporary permits when applicants applied to renew expiring permits.

Under Georgia law, a probate judge is required to issue a temporary permit if asked as long as they have no information that would lead them to believe the applicant was no longer eligible for a new permit. This part of the law is to insure that no law abiding citizens is prevented from legally carrying their firearm should there be a delay in the renewal process.

Judge Harry B. James III refused to issue a temporary permit despite being asked directly for one, twice. Further, Judge James allegedly called the second attempt to secure a temporary permit harassment of his staff. By not issuing a temporary permit, the judge violated Georgia law.

GCO first wrote a letter to the judge clarifying the law and seeking to settle the matter without the need for litigation. A copy of that letter can be found here.

Well, the judge didn’t even respond to that letter, which then leads to this document, starting the process to sue the judge.

Similar cases in the past have resulted in probate judges being forced to pay the plaintiff’s attorney’s fees and beginning to issue temporary permits per the law.

Full disclosure, I’ve been a member of GCO for 5 years now.

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