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Interesting Georgia case
Pdf here. The gun owner was convicted of a drug offense in 1969, and received a full pardon in 1995. When he tried to purchase a firearm, the NICS staff called a local judge and asked him to revoke the fellow's pistol permit (which I suspect is a BIG violation of the Privacy Act). Basis was a Georgia statute that says persons convicted of a drug offense are forever ineligible to get a pistol permit.
Initially he surrendered his permit, then got new counsel, John Monroe and Douglas King, and they put up a fight. The judge ultimately rules for them. A pardon is an executive act, authorized by the state Constitution. The Legislature cannot change its effect.
He then sued for an injunction against Federal authorities stopping his purchase and seeking an injunction against them prosecuting him. Here's the GeorgiaPacking.org webpage on the pleadings. Word is that the government caved in, and provided him with a certification that he is not prohibited to purchase and possess.
Hat tip to reader Ed Stone...
Comments
Win
Posted by: Tomare Utsu Zo at January 19, 2009 07:42 PM
From their (the Feds) cold dead hands...
Posted by: Jim D. at January 19, 2009 08:50 PM
With news like this I'm very happy to be a member of GeorgiaCarry.org. The leadership and representation is very effective as the "No Compromise Voice for Gun Owners."
Posted by: scott at January 20, 2009 06:13 AM
I'm thankful that there are people who will stand and fight for America, freedom and rule of law.
Posted by: Robert at January 20, 2009 06:41 AM
I joined GeorgiaCarry.org after reading about the numerous cases they have been involved with in the fight for our 2A rights. This is the same group fighting Atlanta over the city's illegal ban on weapons at the airport. A great organization supporting gun rights.
Posted by: Sean at January 20, 2009 12:28 PM
You have to watch those rascals Ed "Malum" Stone, DKing, and The Hammer. Try to give gun owners the shaft and they will lay down the law, figuratively and literally.
Posted by: Me at January 20, 2009 07:44 PM
Wow!
That is great news.
Amazing that something in the legal system actually freakin' works.
(Sorry about the sarcasm--live in CA, the land of no CCW.)
Posted by: Tarn Helm at January 20, 2009 09:13 PM
Score one up for the good guys...
Posted by: DJK at January 29, 2009 01:50 PM