November 6, 2012
The Board finds that its Rule 475-3-.10 regarding Other Clemency. Amended, specifically paragraph four regarding Firearm Rights, is in need of revision so as to specify a waiting period for eligibility. The existing Rule does not contain a waiting period specific to a restoration of such rights. Therefore, in accordance with the Board’s grant of authority pursuant to the Georgia Constitution, and in accordance with O.C.G.A. § 42-9-45 and O.C.G.A. § 50-13-4, notice is hereby given to the public of the Board’s intent to amend paragraph four of Rule 475-3-.10 pertaining to Other Clemency. Amended.
Note: Lined through text is proposed to be added.
Pursuant to the provision(s) of the Administrative Procedures Act, notice is hereby given to all interested persons that the State Board of Pardons and Paroles proposes to amend paragraph four of its Agency Rule 475-3-.10, relating to Other Clemency. Amended, by adding certain language in paragraph four to read as follows:
475-3-.10 Other Clemency. Amended.
(4) Firearm Rights: The Board will consider restoring firearm rights to former offenders, otherwise qualified for a Pardon or a Restoration of Civil and Political Rights, who have been free of any criminal involvement for five years after completing their sentences. However, the Board will not consider restoring firearm rights to any former offender convicted of a federal offense.
The State Board of Pardons and Paroles will receive views presented by interested parties and otherwise consider this amendment of its Agency Rules at its next monthly open meeting, currently scheduled for 10:00 a.m. on Thursday, December 6, 2012, in the Board’s Hearing Room, 5th floor, 2 Martin Luther King, Jr., Dr., Atlanta, Georgia. Written comments regarding this matter should be forwarded to the Board’s Legal Office at 2 M.L.K. Jr. Dr., Atlanta, Georgia 30334. If you have any questions, you should call the Board’s Legal Office at 404.651.6671.
Citation of Applicable Authority: Ga.Const.1983 Art.4, § 2, ¶ 2; O.C.G.A. § 42-9-42; O.C.G.A. § 42-9-45; O.C.G.A. § 42-9-54; and O.C.G.A. § 42-9-56.
This 6th day of November, 2012.
La’Quandra L. Smith
Secretary to the Board