Probate Court of Dooly County

Firearms License

Basic Requirements

  1. Must be at least 21 years old
  2. Must be a resident of Dooly County to apply locally
  3. Must provide picture ID (Driver’s License or State issued ID)
  4. Must not be on probation for any offense
  5. Must submit to Criminal History Background check
  6. Must be fingerprinted
  7. Must submit to Mental Health Records check
  8. Applicant must not have any disqualification to receive license

Procedures:

  1. Applicant must appear personally at the Probate Court Office during regular business hours to complete application
  2. Applicant must pay the application fee of $18.00 at the time of making the application. The application fee may be paid by either cash, money order or personal check. (Any personal check received that is not valid will result in the revocation of the license until paid in full.)
  3. License will be mailed to applicant at the address provided.
  4. Note: No refunds will be issued once the application process has been initated.

New Applicants:

  1. Must pay an addition $24.00 (which is required in a money order (preferably a postal money order) made payable to G.C.I.C. for a complete criminal history background check maintained by the Federal Bureau of Investigation and the Georgia Bureau of Investigation. (This payment must be a money order or cashier check. The G.B.I. will not accept any other method of payment.)
  2. Applicants will complete application at the Probate Court Office then be responsible for obtaining the criminal history background check from the Dooly County Justice Center.
  3. After the background check has been completed the Dooly County Justice Center will return the application to the Probate Court for further review. The court will mail eligible applicants the license.

Renewal Applicants:

  1. Must make an application the same as a new applicant
  2. The renewal application fee is $18.00 payable in either cash, money order or personal check.
  3. A timely renewal requires only the check of State criminal and mental health records through the Georgia Crime Information Center. All renewals not made in a timely fashion will require the new applicant process including the $24.00 additional fee.

Any lost or stolen license may be replaced upon payment of $5.00 fee and the fingerprint on the index finger. A sworn statement that the license has been lost or stolen is required. If the license was stolen, the theft must be reported to the law enforcement where the theft occurred. The court will require a copy of the report. The prior license will be revoked by Court order, which will be reported to the Dooly County Justice Center.

Upon receipt of the backgrounds check and the mental health records, the records will be reviewed for eligibility. If eligible the license will be issued. Note: The Dooly County Probate Court has no control over the length of time required by the F.B.I. and G.B.I for criminal history checks and mental health record checks. For new applicants this process can take up to six months; for renewals this process is usually less than thirty days. The Court can’t issue a license until all checks have been completed.

Ineligible Persons:

  1. Pending Criminal Charges – Any person who is fugitive from justice or whom proceedings are pending for any felony, forcible misdemeanor. Or violations of Code Sections 16-11-126 (carrying a concealed weapon), 16-11-127 (carrying a deadly weapon to or at public gatherings), or 16-11-128 (carrying pistol without a license) is ineligible to receive a license until such time as the proceedings are adjudicated.
  2. Felony Conviction(s) – Any person convicted of or placed on probation as a first offender for a felony offense by a proper court is ineligible to receive a license, unless the person has (1) received a pardon which expressly authorizes the receipt, possession or transport of a firearm, (2) received from the Board of Public Safety relief from disabilities, or (3) been discharged from the first offender probation without adjudication of guilt. The pardon, relief or discharge must be exhibited to the Court. The applicant must have been free of supervision for not less than five years for non-forcible felony convictions or not less than ten years for forcible felony convictions.
  3. Drug Convictions – Any person who has been “convicted” of any offense arising out of the unlawful manufacture, distribution, possession or use of a controlled substance or dangerous drug is ineligible to receive a license, unless that person has been pardoned. Note: for purposes of drug offenses only, “conviction” includes a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment. This includes a person that has completed first offender probation and been discharged without adjudication of guilt for an offense involving illegal drugs. Only a pardon is sufficient to grant eligibility to a person with a drug conviction.
  4. Misdemeanor Conviction – Any person who has been convicted of a forcible misdemeanor is ineligible to receive a license until the person has been free of restraint or supervision for at least five years.
  5. Other Convictions – Any person who has been convicted of an offense under Code Sections 16-11-126 (carrying a concealed weapon), 16-11-127 (carrying deadly weapon to or at public gatherings), 16-11-128 (carrying pistol without a license) is ineligible to receive a license until the person has been free of restraint or supervision for at least three years.
  6. Mental Health Hospitalization – Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years prior to the date of the application is ineligible to receive a license, unless the Judge, in his discretion, issues the license after consideration of the circumstances surrounding the hospitalization and any recommendation by the superintendent of the hospital or treatment center where applicant was a patient.

Further, under the Gun Control Act… Any person who has been convicted of a misdemeanor crime of domestic violence is ineligible to receive a license, unless the person has received a pardon or relief from disabilities.

Guideline

  1. Are you currently a United States Citizen? If you have ever renounced your U.S. citizenship, provide a copy of the reversal of such renunciation. If you are not a U.S. Citizen, you must show proof of name, address, date of birth, INS number and photo ID, identify all countries of citizenship and provide: (a) documentation of your lawful presence in the United States, and (b) proof of residency in the State of Georgia for at least 90 days. An alien (non-citizen) who is in the United States illegally is automatically DISQUALIFIED.
  2. Are you a non-immigrant or non-resident alien? If yes, provide proof that you fall within a valid exemption establishing your eligibility. Valid exemptions are: (a) You are an official representative of a foreign government, accredited to the United States or an international organization with headquarters in the U.S. (b) You have a waiver issued by the Attorney General of the U.S. (c) You are a foreign law enforcement officer of a friendly foreign government in the United States on official law enforcement business. (d) You have a valid hunting license or permit lawfully issued in the United States.
  3. Have you ever been convicted of, pled guilty or nolo contendere to, or received first offender treatment for, any offense arising out of the unlawful manufacture, distribution, possession or use of a dangerous drug or other controlled substance? For purpose of this question only, a plea of nolo contendere and first offender treatment are each deemed to be a conviction, no matter what state the proceedings took place in, even if the defendant has been successfully discharged by the court which first afforded first offender treatment.
    Anyone convicted of any violation of the Georgia Controlled Substance Act or any offense in any court in any country arising out of the unlawful manufacture, distribution, possession, or use of a substance defined as a dangerous drug or other controlled substance in O.C.G.A. § 16-13-21 or § 16-13-71 is automatically DISQUALIFIED from obtaining a permit unless they have received a pardon which either expressly restores their right to receive, possess or transport a firearm or is an unconditional pardon with a full restoration of rights. Proof of the pardon must be provided.
  4. Have you ever been convicted of, pled guilty of nolo contendere to, or recieved first offender treatment for any crime involving domestic violence, violence toward a family member, child or significant other? Convictions of misdemeanors involving force or threat of force or violence against a person unrelated to (and not involved with) the defendant generally only disqualifies an applicant from receiving a firearms license until the 5 year waiting period for forcible misdemeanors under Georgia law has run. BUT if it is a "Misdemeanor Crime of Domestic Violence," as defined in federal law, that is, and offense which "has as an element the use or attempted use of physical force or the threatened use of a deadly weapon against a victim who is a current or former spouse, child, ward, person with the applicant has had a child, has cohabitated with, or one similarly situated to a current or former spouse, child ward, or someone the person has lived with in an intimate relationship," there is a federal prohibition against firearms possession. Provided however, federal law does not prohibit the person from receiving a license unless the person was either represented by counsel or waived the right to counsel, and unless, if a right to trial by jury attached, the person knowingly waived the right to a jury trial. Except as noted in the preceding subparagraphs, persons convicted of Domestic Violence are Disqualified from obtaining a license unless they have a sufficient expungement or pardon, i.e. one which does not expressly prohibit the individual from shipping, transporting, possessing or receiving firearms. The pardon expungement, restoration of rights, or discharge without adjudication of guilt must be provided.
  5. Have you ever been convicted of, pled guilty or nolo contendere to, or received first offender treatment for any felony offense or any offense punishable by a term of imprisonment/probation over one year, or to a felony or court-marital discharge punishable by imprisonment over one year? A conviction of: (a) an offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or a similar offense relating to the regulation of business (even if a felony), or (b) any crime classified by the state of occurrence as a misdemeanor which is punishable by imprisonment for 2 years or less does not disqualify a person from receiving a firearms license, although it may delat eligibility to receive a permit (if a forcible misdemeanor or a weapons charge).
    Except as noted in the preceing review comments, convicted felons, persons convicted of crimes defined as misdemeanors in the state where the crime occurred but which was punishable by imprisonment or probation for over two years, and persons convicted in a cour-martial of charges punishable by imprisionment for over one year are Disqualified from obtaining a license unless they have a sufficient expungement or pardon, i.e. one which does not expressly prohibit the individual from shipping, transporting, possessing or receiving firearms. The pardon, expungement, restoration of rights, or discharge without adjudication of guilt must be provided as proof. (Notes: (a) The federal prohibitor is permanent if a person convicted of such a crime has nor received a pardon, expungement or resotration of civil rights. (b) Although rarely done, a convicted felon may also apply to the Georgia Board of Public Safety for relief from disabilities imposed by O.C.G.A. § 16-11-131. Under Georgia law, if such relief is granted and the individual has been free from supervision for 10 years (if forcible felony) or 5 years (if a non-forcible felony), then the DPS Board's grant of relief may be treated as a pardon, permitting the applicant to obtain a permit. It is believed that this could constitute a "restoration of civil rights" allowable under federal law unless the right to possess a firearm is specifically prohibited in the relief from disabilities.)
  6. Have you ever been convicted of, pled guilty or nolo contendere to, or received first offender treatment for a forcible misdemeanor? If your record establishes a forcible misdemeanor conviction and the offense does not involve domestic violence, then your are Disqualified from obtaining a permit until the applicant has been free from all supervision (including probation) in connection with the offense for the past five years.
  7. Have you ever been convicted of, or pled guilty or nolo contendere to, or received first offender treatment for carrying a concealed weapon, having a deadly weapon at a public gathering, or carrying a pistol without a license? A person convicted of one of the foregoing offenses is disqualified from obtaining a permit until the applicant has been free from all restraint (including unsupervised probation) in connection with the offense for the past three years.
  8. Are you subject to pending charges (including matters under indictment or accusation, on appeal, or uncompleted first offender treatment) or other court order? If the pending charges include formal indictment or accusation following arrest, and are offenses which are punishable by imprisonment for a term exceeding one year, the applicant is disqualified under federal law from obtaining a permit at least until the adjudication of any such pending charge and under state law as to other categories of offenses listed, except for any pending drug charges. (Note: Althought pending drug charges are not an automatic disqualifier pending satisfactory disposition of the charge, the Court might wish to delay issuance of the license on these as well, given the fact that any disposition other than dismissal or acquittal would disqualify the applicant. Whether to withhold issuance of a license until diposisiton of other pending charges not listed would also be in the court's discretion, even though they do not automatically disqualify the applicant, unless the charges are pending in another state or country, in which case the applicant may be considered a "fugitive from justice".) The disposition of such charge(s) will determine subsequent action of the application. The length of time, if any, to hold the application open for consideration would be in the Court's discretion
  9. Have you left any state, or any foreign state, to avoid criminal prosecution, to avoid giving testimony in any criminal proceeding, or knowing that charges are pending against you? As a fugitvie from justice, you are disqulfifed from obtaining a permit. State law disqualification exists until adjudication of the charge. (Note: A person is not a "fugitive from justice" merely because he or she has an outstanding civil traffic citaation.)
  10. Have you been the subject of any proceedings (including arrests, matters on appeal, under indictment or accusation, or cases which were nolle prossed) within the past five years for any offense arising out of the unlawful possession or use of a controlled substance or other dangerous drug, or found through a drug test to have used such a substance or drug unlawfully within the past year? All of the listed circumstances are used as examples of the types of incidents which might disqualify a person, according to various interpretations of a person " who is an unlawful user of or addicted to any controlled substance" as defined in §102 of the federal Controlled Substances Act (21 U.S.C. §802). In essence, the Court could find on the basis of such inforamtion that the person falls within a prohibited category. The Court has the right to inquire into illicit drug use whether or not the application has been convicted. the extent of such abuse or illegal conduct must be evaluated by the Court on a case-by-case basis. Inquirty should be made as to whether the individual has a recent history of use or a pattern of use. "Controlled substance" includes, but is not limited to: marijuana, depressants, stimulants, and narcotic drugs -- but not alcohol or tobacco.
  11. Do you use any controlled substance or illegal drug other than as prescribed by a licensed physician, or have you done so within the past year, or had a pattern of using within the past five years? All of the listed circumstances are used as examples of the types of incidents which might disqualify a person, according to various interpretations of a person "who is an unlawful user of or addicted to any controlled substance" as defined in §102 of the federal Controlled Substances Act (21 U.S.C. §802). In essence, the Court could find on the basis of such information that the person falls within a prohibited category. The Court has the right to inquire into illicit drug use or alcohol abuse whether or not an applicant has been convicted. The extent of such abuse or illegal conduct must be evaluated by the Court on a case-by=case basis. Inquiry should be made as to whether the individual has a recent history of use or a pattern of use. "Controlled substance" under federal law includes, but is not limited to: marijuana, depressants, stimulants, and narcotic drugs --- but not alcohol or tobacoo.
  12. Are you addicted to or have you lost the power of self-control over any controlled substance or drug? If yes, the applicant is automatically DISQUALIFIED from receiving a firearms license.
  13. Are you, or have you ever been, subject to any order (including but not limited to restraining orders, protective orders, peace bonds & good behavior bonds) restraining you from harassing, stalking, threatening, engaging in communication with, or refraining in any manner from contact with or coming in proximity to any person, individual, spouse, parent, child or former or current intimate partner or their property, residence or other location frequented by such person? Any individual subject to an order prohibiting the person from harassing, stalking, threatening or engaging in any conduct that would reasonably cause fear of bodily injury to a current or former intimate partner, partner's child, or the subject's child or parent; or prohibiting the use, attempted use or threatened use of physical force that would reasonably be expected to cause bodily injury to such a person is DISQUALIFIED from obtaining a permit, provided that the order was entered following a hearing after actual notice to the subject and an opportunity to participate, and the order either (a) includes a finding that the individual represents a credible threat to the safety of the intimate or formerly intimate partner threof, or to such a person's child or the individual's child or parent; or (b) by its terms explicitly prohibits the use, attempted use, or threatened use of physcial force against such current or former partner, child or parent that would reasonably be expected to cause bodily injury.
  14. Have you ever been dishonorably discharged from the U.S. Armed Forces, or separated from the U.S. Armed Forces under a dismissal adjudicated by a general court-martial? The applicant is DISQUALIFIED from obtaining a license.
  15. Have you ever been found by a civil or criminal court, board, commission or other lawful authority, as a result of subnormal intelligence, incompetency, mental illness, condition or disease, to be a danger to yourself or others, to lack the mental capacity to manage your own affairs, or to be incompetent to stand trial, insane, guilty but mentally ill, or not guilty for lack of mental responsibility? If yes, questions 14 and 15 apply to any criminal proceedings in which charges were dropped or treatment was ordered as either (a) a condiditon of release, probation, or parole, (b) the basis of the entry of a "nolle preosequi" order due to the receipt of a psychiatric or psychological evaluation, or (c) the result of a findng of insanity, not guilty by reason of lack of mental responsibility, guilty but insane, or a finding that the applicant was incompetent to stand trial. In such event, the person is DISQUALIFIED from receiving a permit. You may require the applicant to submit a copy of the order or decision if he or she is in doubt as to the answer. The foregoing cirsumstances are all examples of persons deemed to be "adjudicated as a mental defective," a federal prohibitor against issuance, whenever or whereever it occurred, even though the person's rights or capacity may have later been restored. If so adjudged at any time, the person is permanently DISQUALIFIED from receiving a permit. (Note: For example, if a veteran has received benefits on the basis of post-traumatic stress syndrome, such applicant is DISQUALIFIED.)
  16. Have you ever been ordered to receive inpatient or outpatient treatment at any treatment facility, mental health center, hospital, sanitarium, clinic or program for mental condidition, drug abuse, or alcohol abuse, by the court, board, or other authority in any civil, criminal or adminstrative proceeding? This question applies to any order to undergo treatment in civil commitment proceedings, whether inpatient or outpatient. (Note: (a) For example, if a person is ordered to complete alcohol or drug or mental health treatment as a condition of probation, they are DISQUALIFIED. (b) An order to be evaluated or observed only, as opposed to an order to receive or to comply with treatment, does not disqualifiy a person from obtaining a license. (c) The DHR database only includes treatment in state-funded hospitials or other facilities in Georgia, and includes voluntary as well as involuntary admissions. A person is not disqualified by a voluntary admission.)