Ferguson v. Perry
292 Ga. 666
| Ga. | 2013Background
- Manuel Perry, convicted of felony moonshining in 1971, received relief from federal firearms disabilities in 1978 but not necessarily Georgia rights.
- In 1979 the Georgia Board of Pardons and Paroles issued an order restoring Perry’s civil and political rights and removing disabilities.
- In 2009 Perry applied for a Georgia Weapons Carry License (WCL) under OCGA § 16-11-129 in Clayton County.
- The probate judge denied the application, ruling Perry’s 1979 pardon did not restore Georgia firearms rights.
- The trial court later held Perry eligible for a WCL under OCGA § 16-11-129 and issued a mandamus to compel issuance.
- Ferguson appealed, Perry cross-appealed on constitutional grounds; the court affirmed Perry’s entitlement to a WCL, vacating the constitutional claim as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Perry qualify for a WCL under OCGA 16-11-129? | Perry’s 1979 Board order removed Georgia disabilities and restored civil rights, including firearms rights. | The Board order did not expressly restore firearms rights; relief must be through statute only. | Yes; Perry is entitled to a WCL under OCGA 16-11-129 due to Board restoration. |
| Did the Board's 1979 order remove disabilities to possess firearms under state law? | Order removed all disabilities and restored civil rights, including firearms rights. | The order language was inartful and did not explicitly mention firearms rights. | Yes; the Board order removed disabilities arising from the conviction and restored Perry's firearms rights. |
| Is the mandamus proper to compel issuance of a WCL? | Perry had met all requirements; Ferguson could not deny lawfully. | Ferguson may exercise discretion if rights were not restored. | Writ of mandamus affirmed; Ferguson must issue the WCL. |
| Does Perry's constitutional claim survive as moot after entitlement to a WCL? | Denying a WCL can violate Second Amendment and Georgia constitutional rights. | If Perry is entitled to a WCL, the constitutional claim is moot and lacks standing to fear others' rights. | Moot; the constitutional claim vacated as the premise no longer exists. |
Key Cases Cited
- Freeman v. State, 264 Ga. 27 (1994) (Board cannot impair legislature's power to create crimes; discusses removal of disabilities)
- Smith v. State, 287 Ga. 391 (2010) (recognizes firearms as a civil right affected by criminal convictions)
- United States v. Stone, 139 F.3d 822 (11th Cir. 1998) (felony convictions carry disabilities including civil rights losses)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (Second Amendment applies to states; firearms rights are fundamental)
- District of Columbia v. Heller, 554 U.S. 570 (2008) (Second Amendment protects individual right to keep and bear arms)
- In the Matter of Calhoun, 286 Ga. 471 (2010) (recognizes firearms right treatment in Board orders)
- In the Matter of Siegelman, 285 Ga. 817 (2009) (Board orders and civil rights restoration context)
- White v. State, 274 Ga. App. 805 (2005) (Board orders and restoration of civil rights discussed)
- United States v. Butler, 297 U.S. 1 (1936) (principles about interpreting government action and purpose)