Rockdale’s Constitutional Corner: Can my weapons carry license be revoked?

Rockdale County Probate Judge Clarence Cuthpert, Jr.

On many occasions applicants for a Georgia Weapons Carry License have asked “Can my weapons carry license be revoked?” Another frequently asked question is “Can my application for renewal be denied even though my initial application was approved? The answer to both questions is yes!

If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner, any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to O.C.G.A. § 16-11-129(e) A conviction for a disqualifying offense under State or Federal law, or an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic use will result in a revocation. After the licensee receives notice from the Court that a hearing has been scheduled, even if he/she choose not to attend the hearing but is determined to be ineligible to retain a weapons carry license, the license will be revoked. Following the official revocation, it shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of a revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. O.C.G.A. § 16-11-129(e)(1).

Also, if the judge of the superior court or state court hears a case involving a person who is convicted of any crime or involved in any matter which would make him or her ineligible to retain a weapons carry license, the judge shall inquire whether the person is the holder of a weapons carry license. If so, the judge shall determine the county of the probate court which issued or renewed the license, then of the county that most recently issued such person a renewal license. In most cases, the judge of the superior court or state court will require the person to surrender the license to them, notify the judge of the probate court of the issuing county of the matter which makes the licensee ineligible to retain the weapons carry license, and return the license to the said court. O.C.G.A. § 16-11-129(e)(2).

So, for the reasons outlined above, the answer is yes, the Probate Judge has the authority to revoke your Georgia Weapons Carry License or deny your request for renewal of the same.

Throughout each month, the clerk of courts, tax commissioner, sheriff and probate judge—Rockdale’s elected constitutional officers—discuss topics relevant to their respective roles