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Rule 48 – Inquiry Regarding Weapons Carry License

May 11, 2021 | Civil Procedure, Georgia

(A) A judge shall make the inquiry required by OCGA § 16-11-129(e):

(1) When sentencing for conviction of: any felony;1 any charge of carrying a weapon without a license;2 any charge of carrying a weapon or long gun in an unauthorized location;3 any misdemeanor involving the use or possession of a controlled substance;4 or any misdemeanor crime of domestic violence as defined in 18 USC § 921(a) (33);5
(2) When addressing any criminal defendant adjudicated mentally incompetent to stand trial;6
(3) When addressing any criminal defendant adjudicated not guilty by reason of insanity;7
(4) When addressing any person who is subject to a restraining order as described in 18 USC § 922(g) (8).
(B) Where required by OCGA § 16-11-129(e), the judge shall inquire whether a person convicted of any crime or otherwise adjudicated in a matter which would make the maintenance of a weapons carry license by such person unlawful is the holder of a weapons carry license. If such person is the holder of a weapons carry license, then the sentencing judge shall inquire of the person the county of the probate court which issued such weapons carry license, or if the person has ever had his or her weapons carry license renewed, then of the county of the probate court which most recently issued the person a renewal license. Unless otherwise ordered by the court, within 10 days of the inquiry, the clerk shall notify the judge of the probate court of such county of the matter which makes the maintenance of a weapons carry license by the person to be unlawful pursuant to OCGA § 16-11-129(b)by forwarding to the probate judge notice of the matter disqualifying the person from holding a weapons carry license.

Ga. R. Sup. Ct. 48

Adopted effective July 21, 2016; amended effective August 30, 2018.

1OCGA § 16-11-129(b) (2) (B)

2OCGA § 16-11-129(b) (2) (H) (i).

3OCGA § 16-11-129(b) (2) (H) (ii).

4OCGA § 16-11-129(b) (2) (I).

5OCGA § 16-11-129(b) (2) (E); 18 USC § 922(g) (9).

6OCGA § 16-11-129(b) (2) (K).

7OCGA § 16-11-129(b) (2) (L).