Georgia CommonsHB 80: Law enforcement agencies; option to destroy or sell certain firearms; provide
Introduced version, the latest LegiScan holds · Last action January 27, 2025 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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 Code of Georgia Annotated, relating to disposition of property seized, so as to provide law enforcement agencies the option to destroy or sell certain firearms; to revise procedures for the disposition of certain firearms in custody of law enforcement agencies; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, is amended by revising Code Section 17-5-52, relating to disposition of weapons used in commission of crime or delinquent act involving possession and civil forfeiture, as follows:
"17-5-52.
When a final judgment is entered finding a defendant guilty of the commission or attempted commission of a crime against any person or guilty of the commission of a crime or delinquent act involving the illegal possession or carrying of a weapon, any device which was used as a weapon in the commission of the crime or delinquent act shall be turned over by the person having custody of the weapon or device to the sheriff, chief of police, or other executive officer of the law enforcement agency that originally confiscated the weapon or device when the weapon or device is no longer needed for evidentiary purposes. Within one year after receiving the weapon or device, the sheriff, chief of police, or other executive officer of the law enforcement agency shall return, or sell, or destroy the weapon as provided in Code Section 17-5-54, or if the weapon or device is subject to forfeiture, the procedures set forth in Chapter 16 of Title 9 shall be followed notwithstanding the time frames set forth in Code Section 9-16-7. A state attorney seeking forfeiture under this Code section shall commence civil forfeiture proceedings within 60 days of the entry of a final judgment as contemplated by this Code section; the remaining provisions of Chapter 16 of Title 9 shall be applicable."
SECTION 2.
Said article is further amended by revising subsection (g) of Code Section 17-5-54, relating to definitions and disposition of personal property in custody of law enforcement agency, as follows:
"(g)(1) Except as provided for under paragraph (2) of this subsection with With respect to unclaimed firearms, if the sheriff, chief of police, agency director, or designee of such official certifies that a firearm is unsafe because of wear, damage, age, or modification or because any federal or state law prohibits the sale or distribution of such firearm, at the discretion of such official, it such firearms shall be transferred to the Division of Forensic Sciences of the Georgia Bureau of Investigation, a municipal or county law enforcement forensic laboratory for training or experimental purposes, or be destroyed; provided, however, that paragraph (2) of this subsection shall not apply to any firearm certified by the sheriff, chief of police, agency director, or designee of such official to be unsafe because of wear, damage, age, or modification or because any federal or state law prohibits the sale or distribution of such firearm.
(2) An Otherwise, an unclaimed firearm:
(A) Possessed by a municipal corporation shall may be destroyed or be disposed of as provided for in Code Section 36-37-6; provided, however, that municipal corporations shall not have the right to reject any bids or to cancel any proposed sale of such firearms, and all sales shall be to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and who are authorized to receive such firearms under the terms of such license; or
(B) Possessed by the state or a political subdivision other than a municipal corporation, shall may be disposed of by sale at public auction to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and who are authorized to receive such firearms under the terms of such license. Auctions required by this subparagraph may occur online on a rolling basis or at live events, but in no event shall such auctions occur less frequently than once every 12 months during any time in which the political subdivision or state custodial agency has an inventory of five or more saleable firearms.
(3) If no bids from eligible recipients are received within six months from when bidding opened on a firearm offered for sale pursuant to paragraph (2) of this subsection, the firearm shall be transferred to the Division of Forensic Sciences of the Georgia Bureau of Investigation, a municipal or county law enforcement forensic laboratory for training or experimental purposes, or be destroyed."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.