2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 5 - Searches and Seizures
Article 3 - Disposition of Property Seized
§ 17-5-52.1. Disposal of Forfeited or Abandoned Firearms; Innocent Owners; Auctions; Record Keeping; Liability of Government Entities
Repealed by Ga. L. 2015, p. 693, § 3-16/HB 233, effective July 1, 2015. See Editor's notes for applicability.
Code Commission notes.- Former Code Section 17-5-52.1 was repealed effective July 1, 2015, by Ga. L. 2015, p. 693, § 3-16/HB 233. However, Ga. L. 2015, p. 805, § 10/HB 492, effective July 1, 2015, purported to amend subsection (d) of the former Code section to read as follows:
"(d) If an innocent owner of a firearm cannot be located or after proper notification he or she fails to pay for the return of his or her firearm, if the political subdivision is:
"(1) A municipal corporation, it shall dispose of its firearms as provided for in Code Section 36 37 6; provided, however, that municipal corporations shall not have the right to reject any and all 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. Any political subdivision which disposes of firearms shall use proceeds from the sale of a firearm as are necessary to cover the costs of administering this Code section, with any surplus to be transferred to the general fund of the political subdivision; or
"(2) Not a municipal corporation, the state custodial agency or the political subdivision shall dispose of its firearms 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. A state custodial agency shall retain only such proceeds as are necessary to cover the costs of administering this Code section, with any surplus to be transferred to the general fund of this state, provided that a state custodial agency may be reimbursed for any firearms formerly in use by the state custodial agency that are sold under this Code section." For effect of subsequent amendment of a repealed statute, see Lampkin v. Pike, 115 Ga. 827 (1902).
Editor's notes.- This Code section was based on Code 1981, § 17-5-52.1, enacted by Ga. L. 2012, p. 1285, § 4/SB 350; Ga. L. 2015, p. 5, § 17/HB 90; Ga. L. 2015, p. 805, § 10/HB 492.
Ga. L. 2015, p. 5, § 54(e)/HB 90, not codified by the General Assembly, provides: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2015 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to subsection (d) of this Code section by Ga. L. 2015, p. 5, § 17/HB 90, was not given effect.
Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."
Law reviews.- For article on the 2015 repeal of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).
