Changes to GAs gun bill possible in '09

Changes to the state's gun laws could be in the works as the State Senate Firearms Committee looks at re-writing House Bill 89, passed earlier this year. One proposal under consideration … speeding up the application permit process. In a working copy of a revised gun bill, the Senate is considering cutting in half the number of days probate judges must get permits to would-be gun owners after fingerprints have been cleared by the FBI and the GBI. Current law says ten days. The proposal now being considered is five days. If a licensed is not issued within five days, the gun owner can sue.

William Self is Bibb County's probate judge. He also chairs the Georgia Probate Judges Council. He opposes the switch.

"I am quite frankly gentlemen, at a complete loss to understand why probate judges became the apparent enemies of gun rights' advocates."

Testifying before the Senate Firearms Safety Committee on Tuesday, Self asked lawmakers to remove the threat of lawsuits from gun enthusiast now hanging over the heads of the state 159 probate judges.

"This is the only statue I know of in the entire state of Georgia which purports to award attorneys fees to a plaintiff without any defense whatsoever if 10 days have expired from receipt of the reports."

Among other changes the committee will consider is including some misdemeanor offenses currently now trigger a reject on a gun permit application.

"There are literally hundreds of misdemeanors under GA law, which even with multiple convictions, do not by themselves disqualify an applicant, such as assault and battery, third degree cruelty to children…"

Here's how state Senator Don Balfour of Snellville responded to the testimony.

"Some of those things seem like whoa, we missed that one? Wow. Some of those we ought to think about putting under there."

The Senate committee now wants a list of misdemeanors to consider as part of the law. Meanwhile another idea is to leave judges completely out of the gun license procedure and hand it over to the Secretary of State. One drawback say Probate Judges is that the Secretary of State's office is not a law enforcement agency. Finally, a representative from the Georgia Council of Probate Court Judges asked the committee to consider raising gun permit application fees above the current $15, to cover actual administrative and processing costs. The Senate committee is expected to make recommendation to changes in Georgia gun laws by January.