Posted on 12/16/2021 4:50:56 PM PST by CFW
It’s nice to be able to cover some good news for gun owners on Bearing Arms’ Cam & Co, and the unanimous decision handed down by the Georgia Supreme Court this week is very good news indeed for those of us who recognize that the Second Amendment protects a fundamental and substantive right to both keep and bear arms.
On Tuesday, the state’s high court rejected an argument by DeKalb County officials, who’d claimed that when the background checks for concealed carry applicants come back with incomplete information, county probate judges are within their rights to deny an applicant their license.
(Excerpt) Read more at bearingarms.com ...
But let it be a voting application or ballot incorrectly completed and they’ll argue to let it count!!!!
In the decision the justice writing the narrative referred to the Massachusetts court's decision as "frivolous".
I still like the 1846 GA SCOTUS ruling better!
19. * Nunn v. State, 1 Ga. (1 Kel.) 243, at 251 (1846).
“’The right of the people to bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State.”
Background checks violate the 2nd. The RKBA “shall not be infringed. Arguably so do laws banning possession of firearms by anyone not actually in prison or judicially sequstered in mental wards.
The State of Georgia requires anyone who caries a gun,
whether openly or concealed, to apply for and hold
a valid “Weapons Carry Permit”.
This case had to do with an individual who was denied a permit,
because the background check showed an arrest on his record,
for “pointing a gun a someone” from 40 years ago,
although he was never prosecuted for the crime.
Many of these background checks come back with partial,
or incomplete information.
In this case the Circuit Judge denied the permit because of the arrest,
even though there was no record of a prosecution,
much less, any record of a conviction.
Georgia law says a probate judge “shall” issue a license,
unless there’s a factual finding the applicant is ineligible.
The Georgia Supreme Court is simply clarifying the “discretion”
(or the lack of any discretion) of the Circuit Court Judges.
Ya, pretty narrow ruling. Applies only to those who don’t get an unqualified “not disqualified”, for which biased judges were using as grounds for outright infringing disqualification.
Nonetheless, progress. Emphasizes “if there isn’t a legal reason to deny the right (arrest, incompetence), the right cannot be denied.”
EXACTLY!
I will know the Republic is safe when:
(items 1,2, and 4 not germane)
3. The idea of releasing a person onto the street while denying him, under color of law, an otherwise lawful means of self-defense, is looked upon as not merely a violation of his rights as a human being, but also an act of barbarous cruelty on a par with throwing a paralytic into a swimming pool without a floatation vest.
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