Hertz v. Bennett

HUNSTEIN, Justice.

Probate Judge Andrew Bennett denied James Hertz’s application for a license to carry a weapon under OCGA § 16-11-129 based on Hertz’s 1994 nolo contendere plea to five felony charges in Florida. Hertz filed a complaint for mandamus in superior court, alleging the denial violated the state statute and his constitutional right to keep and bear arms. Denying mandamus, the superior court found that the probate judge followed the statutory requirements in denying Hertz’s application and that this denial did not violate the federal or state constitutions. Because Hertz’s nolo…