HB80: HB80 Law enforcement agencies; option to destroy or sell certain firearms; provide

25 LC 47 3205 House Bill 80 By: Representatives Westbrook of the 163rd, Oliver of the 84th, Crawford of the 89th, Paris of the 142nd, and Stephens of the 164th A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 5 of Title 17 of the Official Cod e of Georgia Annotated,1 relating to disposition of property seized, so as to provide la w enforcement agencies the2 option to destroy or sell certain firearms; to revise procedures for the disposition of certain3 firearms in custody of law enforcement agencies; to provide for related matters; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 3 of Chapter 5 of Title 17 of the Official Code of Geor gia Annotated, relating to8 disposition of property seized, is amended by revising Code Sec tion 17-5-52, relating to9 disposition of weapons used in commission of crime or delinquent act involving possession10 and civil forfeiture, as follows:11 "17-5-52.12 When a final judgment is entered finding a defendant guilty of the commission or13 attempted commission of a crime against any person or guilty of the commission of a crime14 or delinquent act involving the illegal possession or carrying of a weapon, any device15 which was used as a weapon in the commission of the crime or de linquent act shall be16 H. B. 80 - 1 - 25 LC 47 3205 turned over by the person having custody of the weapon or device to the sheriff, chief of17 police, or other executive officer of the law enforcement agency that originally confiscated18 the weapon or device when the weapon or device is no longer nee ded for evidentiary19 purposes. Within one year after receiving the weapon or device, the sheriff, chief of police,20 or other executive officer of the law enforcement agency shall return, or sell, or destroy the21 weapon as provided in Code Section 17-5-54, or if the weapon or device is subject to22 forfeiture, the procedures set forth in Chapter 16 of Title 9 s hall be followed23 notwithstanding the time frames set forth in Code Section 9-16-7. A state attorney seeking24 forfeiture under this Code section shall commence civil forfeiture proceedings within 6025 days of the entry of a final judgment as contemplated by this Code section; the remaining26 provisions of Chapter 16 of Title 9 shall be applicable."27 SECTION 2.28 Said article is further amended by revising subsection (g) of Code Section 17-5-54, relating29 to definitions and disposition of personal property in custody of law enforcement agency, as30 follows:31 "(g)(1) Except as provided for under paragraph (2) of this subsection with With respect32 to unclaimed firearms, if the sheriff, chief of police, agency director, or designee of such33 official certifies that a firearm is unsafe because of wear, damage, age, or modification34 or because any federal or state law prohibits the sale or distribution of such firearm, at the35 discretion of such official, it such firearms shall be transferred to the Division of Forensic36 Sciences of the Georgia Bureau of Investigation, a municipal or county law enforcement37 forensic laboratory for training or experimental purposes, or b e destroyed; provided,38 however, that paragraph (2) of this subsection shall not apply to any firearm certified by39 the sheriff, chief of police, agency director, or designee of s uch official to be unsafe40 because of wear, damage, age, or modification or because any fe deral or state law41 prohibits the sale or distribution of such firearm.42 H. B. 80 - 2 - 25 LC 47 3205 (2) An Otherwise, an unclaimed firearm:43 (A) Possessed by a municipal corporation shall may be destroyed or be disposed of as44 provided for in Code Section 36-37-6; provided, however, that municipal corporations45 shall not have the right to reject any bids or to cancel any pr oposed sale of such46 firearms, and all sales shall be to persons who are licensed as firearms collectors,47 dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et48 seq., and who are authorized to receive such firearms under the terms of such license;49 or50 (B) Possessed by the state or a political subdivision other than a municipal corporation,51 shall m ay be disposed of by sale at public auction to persons who are li censed as52 firearms collectors, dealers, importers, or manufacturers under the provisions of 1853 U.S.C. Section 921, et seq., and who are authorized to receive such firearms under the54 terms of such license. Auctions required by this subparagraph may occur online on a55 rolling basis or at live events, but in no event shall such auctions occur less frequently56 than once every 12 months during any time in which the political subdivision or state57 custodial agency has an inventory of five or more saleable firearms.58 (3) If no bids from eligible recipients are received within six months from when bidding59 opened on a firearm offered for sale pursuant to paragraph (2) of this subsection, the60 firearm shall be transferred to the Division of Forensic Sciences of the Georgia Bureau61 of Investigation, a municipal or county law enforcement forensic laboratory for training62 or experimental purposes, or be destroyed."63 SECTION 3.64 All laws and parts of laws in conflict with this Act are repealed.65 H. B. 80 - 3 -