Title 16, Chapter 11, Section 178
( 16-11-178)
(a) Any person who is denied the right to receive or purchase a handgun as a result of the procedures established by this part may request amendment of the record pertaining to him or her by petitioning the bureau. If the bureau fails to amend the record within seven days and except as otherwise provided in subsection (b) of this Code section, the person requesting the amendment may petition the superior court of the county of residence for an order directing the bureau to amend the record. If the record as corrected demonstrates that such person is not prohibited from receipt or possession of a handgun by state or federal law, the bureau shall destroy any records it maintains which contain any information derived from the criminal history record check set forth in paragraph (1) of Code Section 16-11-172. (b) In addition to other provisions of law relating to prohibitions against possessing or transporting a handgun, any individual who has been involuntarily hospitalized within five years immediately preceding the date of an application for a handgun shall be prohibited from purchasing or possessing a handgun; provided, however, that, if after a hearing before the committing court, the probate judge or judge of the superior court determines that based on the evidence submitted by such applicant and any other evidence required by the judge that such applicant is not a danger to himself or herself or others, such applicant shall not be deemed ineligible to purchase a handgun as a result of being involuntarily hospitalized. If such applicant is not deemed ineligible to purchase a handgun, the bureau shall destroy any records it maintains which contain any information derived from the involuntary hospitalization records checks set forth in paragraph (1) of Code Section 16-11-172. (c) Any person erroneously identified as a prohibited person, whose
records have not been corrected pursuant to subsection (a) or (b) of
this Code section, may bring an action in any court of original
jurisdiction against the State of Georgia or any political
subdivision thereof which is the source of the erroneous information
for damages, including consequential damages, injunctive relief, and
such other relief as the court deems appropriate. If the person
prevails in the action, the court shall allow the person reasonable
attorney's fees as part of the costs. |