| 1 | 1 | | 23 LC 39 3498 |
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| 2 | 2 | | H. B. 224 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 224 |
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| 5 | 5 | | By: Representatives Scott of the 76 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Davis of the 87 |
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| 8 | 8 | | th |
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| 9 | 9 | | , and Schofield of the 63 |
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| 10 | 10 | | rd |
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| 11 | 11 | | |
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| 12 | 12 | | A BILL TO BE ENTITLED |
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| 13 | 13 | | AN ACT |
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| 14 | 14 | | To amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia |
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| 15 | 15 | | 1 |
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| 16 | 16 | | Annotated, relating to general provisions relative to dangerous instrumentalities and2 |
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| 17 | 17 | | practices, so as to provide for the reporting of a lost or stolen firearm; to provide for penalties3 |
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| 18 | 18 | | for failure to report; to provide for an exception; to provide for the entry of information4 |
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| 19 | 19 | | regarding such firearm into the criminal justice information system; to provide for related5 |
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| 20 | 20 | | matters; to repeal conflicting laws; and for other purposes.6 |
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| 21 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 22 | 22 | | SECTION 1.8 |
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| 23 | 23 | | Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,9 |
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| 24 | 24 | | relating to general provisions relative to dangerous instrumentalities and practices, is10 |
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| 25 | 25 | | amended by adding a new Code section to read as follows:11 |
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| 26 | 26 | | "16-11-114. |
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| 27 | 27 | | 12 |
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| 28 | 28 | | (a)(1) Any person who owns a firearm and who has reasonable cause to believe that the13 |
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| 29 | 29 | | firearm has been lost or stolen shall report such fact to a law enforcement agency not14 |
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| 30 | 30 | | more than five days after discovering that the firearm has been lost or stolen. A report15 |
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| 31 | 31 | | of a lost or stolen firearm shall include, and the law enforcement agency receiving the16 23 LC 39 3498 |
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| 32 | 32 | | H. B. 224 |
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| 33 | 33 | | - 2 - |
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| 34 | 34 | | report shall request, an accurate and detailed description of the firearm, including, to the17 |
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| 35 | 35 | | extent known, the manufacturer, model, serial number, caliber, and any other18 |
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| 36 | 36 | | identification number or distinguishing mark of the firearm being reported.19 |
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| 37 | 37 | | (2) Any person other than the owner of a lost or stolen firearm who is a member of the20 |
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| 38 | 38 | | owner's family or who resides with the owner may report the loss or theft to a law21 |
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| 39 | 39 | | enforcement agency. Making a report pursuant to this paragraph does not constitute22 |
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| 40 | 40 | | acknowledgment of ownership of the firearm for the purposes of any other provision of23 |
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| 41 | 41 | | law.24 |
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| 42 | 42 | | (b) Any person who previously reported a lost or stolen firearm pursuant to this Code25 |
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| 43 | 43 | | section who has found or otherwise recovered the firearm, or any other person who has26 |
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| 44 | 44 | | found or recovered the firearm, shall report to the law enforcement agency that received27 |
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| 45 | 45 | | the report that the firearm has been recovered.28 |
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| 46 | 46 | | (c)(1) Except as otherwise provided in subsection (d), any person who knowingly29 |
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| 47 | 47 | | violates paragraph (1) of subsection (a) of this Code section shall be guilty of failure to30 |
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| 48 | 48 | | report a lost or stolen firearm.31 |
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| 49 | 49 | | (2) Failure to report a lost or stolen firearm shall be a misdemeanor punishable by a fine32 |
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| 50 | 50 | | of $25.00 and a second or subsequent violation of this Code section shall be punished by33 |
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| 51 | 51 | | a fine of not more than $500.00.34 |
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| 52 | 52 | | (d) This Code section shall not apply to a dealer, as such term is defined in Code35 |
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| 53 | 53 | | Section 16-11-171.36 |
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| 54 | 54 | | (e) Within five days after receiving a report of a lost or stolen firearm pursuant to this37 |
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| 55 | 55 | | Code section, the law enforcement agency that receives the report shall enter any available38 |
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| 56 | 56 | | descriptive information related to the lost or stolen firearm into the Georgia Crime39 |
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| 57 | 57 | | Information Center."40 |
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| 58 | 58 | | SECTION 2.41 |
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| 59 | 59 | | All laws and parts of laws in conflict with this Act are repealed.42 |
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