PLEASE READ BEFORE YOU COME TO THE COURT. This could save you considerable time. If you have
not read the Notice of Federal Prohibitions and the Federal
Prohibitions Form (click here to download sample form) when you
come to the Court, you will be required to do so at that time. You
will also be required to complete the Federal Prohibitions Form and
sign it under oath.
IMPORTANT NOTICE TO
ALL
WEAPONS CARRY LICENSE
APPLICANTS
CONCERNING CERTAIN FEDERAL LAWS
Notice of Federal
Prohibitions
The laws passed by the Congress of
the United States and the authorized Regulations thereunder are,
under the Constitution of the United States, superior to the laws
of the State of Georgia. The Gun Control Act of 1968, 18 U.S.C.
§§921, et seq., including amendments thereto made under the Brady
Handgun Violence Prevention Act of 1993, Public Law 103-159, and
other related Acts, and the Regulations thereunder apply to and are
binding on the several States. Because the Firearm License issued
in the State of Georgia is a license which exempts the holder from
the requirement that information be obtained through the National
Instant Criminal Background Check System (NICS) at the time of any
purchase of a handgun, any person who is prohibited under federal
law from shipping, transporting, possessing or receiving firearms
is prohibited from receiving a Georgia Firearm License. Therefore,
it is possible that an applicant for a firearms license may be
qualified under Georgia law to receive such a license but be
prohibited under federal law from receiving the license.
As the issuing authority under
Georgia law, the Probate Judge is required to recognize and follow
the controlling federal law. The Probate Judge may not issue a
license to any applicant who is prohibited from receiving such a
license under federal law (primarily the "Brady Act") even if the
applicant is otherwise qualified to receive the license under
applicable Georgia law.
At present, the Application for
Firearm License approved and published by the Georgia Department of
Public Safety, pursuant to the authority and direction contained in
O.C.G.A. §16-11-129, may not call for disclosure by an applicant of
all information which might indicate that the applicant is
prohibited under federal law from receiving the license.
Following is a listing and a brief
description of the prohibited categories under federal law, as this
Court now knows them to exist and apply. If you are a person
prohibited under federal law from receiving a firearms license, a
license may not be issued to you. If information establishing a
prohibition is obtained by the Court after the license is
submitted, there will be no refund of the fees collected. If you
believe that you might fall within a prohibited category, it is
suggested that you not make application until you determine whether
the prohibition applies to you or your situation.
Prohibited Persons:
| Convicted
Felon |
Any person convicted of an
offense for which the maximum penalty, whether or not imposed, is
imprisonment in excess of one year (a felony or a misdemeanor
carrying a maximum penalty in excess of one year). What constitutes
a conviction is determined by the laws of the jurisdiction in which
the proceedings were held (state or federal). The prohibition does
not apply if the conviction has been expunged or set aside or if
the person has been pardoned or has had civil rights restored,
unless the expungement, pardon or restoration expressly provides
that the person may not ship, transport, possess or receive
firearms. |
| Under indictment |
A person presently under a pending indictment for a
crime punishable by imprisonment for a period in excess of one year
may not receive a license during the pendency of the
proceedings. |
| Fugitive |
Any person who has fled from any
State to avoid prosecution for a felony or a misdemeanor or any
person who leaves the State to avoid giving testimony in any
criminal proceeding or any person who leaves the State knowing that
misdemeanor or felony charges are pending against him are
prohibited from receiving a license. |
| Addict or User |
A person who uses a controlled substance and has
lost the power of self-control with reference to the use of the
controlled substance or any person who is a current user of a
controlled substance in a manner other than as prescribed by a
licensed physician is prohibited from receiving a license. A
"controlled substance" is a drug or other substance defined in
Section 102 of the Controlled Substances Act, 21 U.S.C. § 802 and
includes, but is not limited to, marijuana, depressants,
stimulants, and narcotic drugs. It does not include distilled
spirits, wine, malt beverages, or tobacco. |
| Mental
Defective |
A person who has been determined
by a court, board, commission or other lawful authority to be, as a
result of marked subnormal intelligence, or mental illness,
incompetency, condition or disease, (1) a danger to himself or to
others, or who (2) lacks the mental capacity to contract or manage
his own affairs is prohibited from receiving a license. The term
includes (1) a finding of insanity by a court in a criminal case,
and (2) those persons found incompetent to stand trail or found not
guilty by reason of lack of mental responsibility under the
U.C.M.J. |
Committed to a
Mental Institution |
A person who has been formally
committed to a mental institution by a court, board, commission or
other lawful authority is prohibited from receiving a license. The
term includes a commitment to a mental institution
involuntarily.
The term includes commitment for mental defectiveness or mental
illness. It also includes commitments for other reasons, such as
drug use. The term does not include a person in a mental
institution for observation or a voluntary admission to a mental
institution. The term "mental institution" includes mental health
facilities, mental hospitals, sanitariums, psychiatric facilities
and other facilities that provide diagnosis by licensed
professionals of mental retardation or mental illness including a
psychiatric ward in a general hospital. |
| Aliens |
Aliens illegally or unlawfully in
the United States and nonimmigrant aliens (with certain exceptions)
are prohibited from receiving a license. |
Dishonorably
Discharged from
Military |
A person who has been separated from the U. S.
Armed Forces resulting from a dishonorable discharge or dismissal
adjudged by a general court-martial is prohibited from receiving a
license. The term does not include separation from the U. S. Armed
Forces from any other discharge, e.g., a bad conduct
discharge. |
| Renounced
Citizenship |
A person who has
renounced his U. S. citizenship is prohibited from receiving a
licence. |
| Court Orders |
A person is prohibited from receiving a license who
is the subject of a pending court order which restrains him from
harassing, stalking, or threatening an intimate partner of such
person or child of such intimate partner or person or from engaging
in other conduct that would place an intimate partner or person in
reasonable fear of bodily injury to the partner or child AND which
includes a finding that such person represents a credible threat to
the physical safety of such intimate partner or child OR by its
terms explicitly prohibits the use, attempted use, or threatened
use of physical force against such intimate partner or child that
would reasonably be expected to cause bodily injury. |
Misdemeanor
Domestic
Violence Conviction |
A person who has been convicted
in any court of a misdemeanor crime of domestic violence [a
misdemeanor crime which has, as an element, the use or attempted
use of physical force, or the threatened use of a deadly weapon,
committed by a current or former spouse, parent, or guardian of the
victim, or by a person with whom the victim shares a child in
common, or by a person who is cohabiting with or has cohabited with
the victim as a spouse, parent, or guardian, or by a person
similarly situated to a spouse, parent or guardian] is prohibited
from receiving a license. |