Ferguson v. Perry

Judge of the Clayton County Probate Court Pam Ferguson appealed two orders of the Superior Court of Clayton County. Case No. S12A1643 was Ferguson's appeal of the trial court's ruling that Manuel Perry was entitled to a Georgia weapons carry license ("WCL") pursuant to OCGA 16-11-129, and Case No. S12A1645 was her appeal of the trial court's subsequent order issuing a writ of mandamus requiring Ferguson to issue a WCL to Perry. Because the trial court correctly ruled that Perry was entitled to a WCL, the Supreme Court affirmed both of these cases. In Case No. S12X1644, Perry cross-appealed the trial court's ruling that Perry's right to keep and bear arms under the Georgia and United States Constitutions was not violated by the denial of his WCL application. The Supreme Court vacated that ruling, because once the trial court determined that Perry was entitled to a WCL under 16-11-129, his claim that the denial of a weapons carry license violated his right to keep and bear arms lost its premise, and the trial court should not have opined on a moot issue. View "Ferguson v. Perry" on Justia Law