---
title: SB 232. Disposition of Property Seized; destruction of a firearm discharged at a person under 18 years of age; provide
collection: bills
id: 2025-2026/sb232
cite_as: SB 232, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb232
md_url: https://georgiacommons.org/bills/2025-2026/sb232.md
text_url: https://georgiacommons.org/bills/2025-2026/sb232/text
source_url: https://www.legis.ga.gov/legislation/70640
date: 2025-02-21
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb232.md?full=1
bill_number: SB 232
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-20
last_action: Senate Read and Referred
sponsors:
- Emanuel Jones
- Freddie Sims
- David Lucas
- Gail Davenport
- Kenya Wicks
- Michael Rhett
- Sheikh Rahman
- Donzella James
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB232/2025
upstream_id: 1978294
summaries_model: claude-sonnet-5
topic_tags:
- gun laws
- child safety
- law enforcement
- weapon forfeiture
- criminal justice
---
# SB 232. Disposition of Property Seized; destruction of a firearm discharged at a person under 18 years of age; provide
## Text
Senate Bill 232
By: Senators Jones of the 10th, Sims of the 12th, Lucas of the 26th, Davenport of the 17th,
Wicks of the 34th and others
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 for the destruction of a firearm
discharged at a person under 18 years of age; to provide for conforming changes; 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 17-5-51, relating to civil
forfeiture of weapons used in commission of crime, possession of which constitutes crime
or delinquent act, or illegal concealment generally, as follows:
"17-5-51.
(a) Except as otherwise provided for in subsection (b) of this Code section, any Any device
which is used as a weapon in the commission of any crime against any person or any
attempt to commit any crime against any person, any weapon the possession or carrying
of which constitutes a crime or delinquent act, and any weapon for which a person has been
convicted of violating Code Section 16-11-126 are declared to be contraband and shall be
forfeited in accordance with the procedures set forth in Chapter 16 of Title 9,
notwithstanding the time frames set forth in Code Section 9-16-7.
(b) Any firearm which is discharged at a person under 18 years of age is declared to be
contraband and shall be destroyed in accordance with subsection (b) of Code
Section 9-16-19."
SECTION 2.
Said article is further 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 weapon or
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
the weapon or device when it is unclaimed as provided in Code Section 17-5-54, destroy
the weapon or device when it constitutes a firearm that was discharged at a person under
18 years of age as provided for in Code Section 17-5-51, or, if the weapon or device is
subject to forfeiture, follow 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 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia Senate bill would require law enforcement to destroy, rather than sell or return, any firearm that was fired at a person under 18 years old once it is no longer needed as evidence.
### Plain-language summary
Under current Georgia law (O.C.G.A. § 17-5-51 and § 17-5-52), weapons used in crimes against a person are treated as contraband and generally go through civil forfeiture, after which law enforcement may sell them once they are no longer needed as evidence. This bill carves out a special rule for one category of weapon: any firearm that was discharged at a person under 18 years of age.
The bill adds a new subsection to Code Section 17-5-51 declaring such a firearm contraband and requiring it to be destroyed under Code Section 9-16-19(b), rather than sold or returned. It also updates Code Section 17-5-52, the section describing what happens to weapons after a criminal case ends, so that a firearm meeting this description must be destroyed instead of following the usual sale or forfeiture process. The changes apply to weapons held by sheriffs, police chiefs, or other law enforcement executives after a final judgment in the underlying criminal case.
### What it does
- Adds a new rule declaring any firearm discharged at a person under 18 years of age to be contraband under Georgia's weapon forfeiture law (O.C.G.A. § 17-5-51).
- Requires that such a firearm be destroyed under Code Section 9-16-19(b) instead of being processed through the normal forfeiture sale procedure.
- Amends Code Section 17-5-52 so that, after a final judgment in the criminal case, law enforcement must destroy this specific type of firearm rather than sell or return it.
- Leaves the existing sale and forfeiture process in place for other weapons used in crimes against a person that do not fall into this new category.
### Who it affects
Sheriffs, police chiefs, and other law enforcement officials who hold seized weapons; prosecutors handling forfeiture cases; and defendants whose firearms were used to shoot at someone under 18, since those firearms can no longer be sold or returned to them.
### Why it matters
Currently a firearm used in a crime against a person can eventually be sold once it is no longer needed as evidence. Under this bill, if that firearm was fired at a minor, it would instead have to be permanently destroyed, preventing that specific weapon from ever being resold or returned to its owner.
### Key provisions
- Section 1 rewrites Code Section 17-5-51 to add a new subsection (b) declaring any firearm discharged at a person under 18 to be contraband and requiring its destruction under Code Section 9-16-19(b).
- Section 1 keeps the existing rule in subsection (a) that other weapons used in crimes against a person follow the standard civil forfeiture process under Chapter 16 of Title 9.
- Section 2 revises Code Section 17-5-52 to require destruction of a weapon or device that constitutes a firearm discharged at a person under 18, instead of the previous sale or return option.
- Section 2 preserves the existing 60-day deadline for a state attorney to begin civil forfeiture proceedings after a final judgment.
- Section 3 repeals any conflicting laws.
## Status
- Status: Introduced (2025-02-20)
- Last action: Senate Read and Referred (2025-02-21)
- Sponsors: Emanuel Jones, Freddie Sims, David Lucas, Gail Davenport, Kenya Wicks, Michael Rhett, Sheikh Rahman, Donzella James
- Official page: https://www.legis.ga.gov/legislation/70640
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb232.md?full=1