NOTICE OF INTENT TO CONSIDER AMENDING AN AGENCY RULE

NOTICE OF INTENT TO CONSIDER AMENDING AN AGENCY RULE

                                                                        Synopsis

 

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 permit the Board to consider requests to restore firearm rights to former drug offenders. The existing Rule precludes such consideration. The Rule is in need of further revision to make clear that the Board will only consider requests to restore firearm rights from offenders convicted under Georgia law. The current Rule permits offenders convicted under another state’s law to request that the Board restore firearm rights lost due to an out-of-state conviction. 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.

                                                                        Proposal

Note: Lined through text is proposed to be deleted.

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 deleting 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 , convicted under Georgia law and otherwise qualified for a Pardon or a Restoration of Civil and Political Rights.   However, the Board will not consider restoring firearm rights to any former offender convicted of a federal offense or who was convicted of or pled guilty to an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.

          

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, October 11, 2012, in the Board’s Hearing Room, 5 ^th 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 11 ^th day of September 2012.

                                                                        __________________________________________           

                                                                        La’Quandra L. Smith

                                                                        Secretary to the Board