Moore v. Cranford, Judge

A probate court has discretion in going beyond the 60-day time period provided for by O.C.G.A. § 16-11-129 d 4 when waiting for state or federal law enforcement agencies to return criminal history reports on applicants in order to make sure that the applicant is qualified for a firearms license.

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Craig Moore appeals from an order of the Superior Court of Coweta County granting summary judgment in favor of Mary T. Cranford, Judge of the Probate Court of Coweta County. Moore contends, among other things, that the superior court erred in holding that the probate court had discretion to issue a Georgia firearms license beyond the 60-day period proscribed in OCGA § 16-11-129 d 4. For the following reasons, we affirm. On April 26, 2006, Moore filed a complaint against Judge Cranford, contending the judge was required by Georgia law to issue him a firearms license within 60 days of the date of his application,1 pursuant to OCGA § 16-11-129 d 4. In the complaint, Moore sought a writ of mandamus and also sought declaratory and injunctive2 relief requiring the judge “to issue a Georgia firearms license to a qualified applicant not later than 60 days after the date of application if no facts establishing ineligibility have been reported.” On April 18, 2006, the probate court issued Moore his firearm’s license. Consequently, the mandamus action was rendered moot and Moore withdrew his claim for a writ of mandamus. The superior court did not dismiss the entire case, however.

Upon finding that the “issue is one that is capable of repetition and will evade review,” the superior court granted summary judgment to Judge Cranford. The superior court held that the probate court, which routinely had to wait over 60 days for the Federal Bureau of Investigation to return criminal history reports on applicants, had “discretion to go beyond the 60 day time period” when it was necessary to make sure the applicant was qualified. The court opined that to require the probate court to issue licenses absent qualifying information would “frustrate the purpose of the statute, which is to protect the public.”

Moore v. Cranford, Judge

A probate court has discretion in going beyond the 60-day time period provided for by O.C.G.A. § 16-11-129 d 4 when waiting for state or federal law enforcement agencies to return criminal history reports on applicants in order to make sure that the applicant is qualified for a firearms license.

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