Section 17-5-51. Forfeiture of weapons used in commission of crime, possession of which constitutes crime or delinquent act, or illegal concealment generally; motor vehicles; definitions; return of firearm to innocent owner

   (a) Except as provided in subsection (c) of this Code section, 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 are forfeited. For the purposes of this article, a motor vehicle shall not be deemed to be a weapon or device and shall not be contraband or forfeited under this article; provided, however, that this exception shall not be construed to prohibit the seizure, condemnation, and sale of motor vehicles used in the illegal transportation of alcoholic beverages.

(b) As used in this Code section, the term:

   (1) "Firearm" shall have the same meaning as set forth in Code Section 16-11-171.

   (2) "Innocent owner" means a person who:

      (A) Did not beforehand know or in the exercise of ordinary care would not have known of the conduct which caused his or her firearm to be forfeited, seized, or abandoned to any law enforcement agency of this state or a political subdivision of this state, including the Department of Natural Resources;

      (B) Did not participate in the commission of a crime or delinquent act involving his or her firearm;

      (C) Legally owned and presently owns the firearm forfeited, seized, or abandoned; and

      (D) Is authorized by state and federal law to receive and possess his or her firearm.

(c) A firearm that is the property of an innocent owner shall be returned to such person when such firearm is no longer needed for evidentiary purposes.

(d) The costs of returning the firearm to the innocent owner shall be borne by the innocent owner. Such costs shall be limited to the actual costs of shipping and associated costs from any transfer and background check fees charged when delivering the firearm to the innocent owner.

(e) If six months elapse after notification to the innocent owner of the possession of the firearm by a political subdivision or state custodial agency and the innocent owner fails to bear the costs of return of his or her firearm or fails to respond to the political subdivision or state custodial agency, then the political subdivision or state custodial agency may follow the procedures under subsection (d) of Code Section 17-5-52.1.

Ga. L. 1967, p. 749, § 1; Ga. L. 1977, p. 1131, § 1; Ga. L. 1994, p. 963, § 1; Ga. L. 2010, p. 963, § 2-10/SB 308; Ga. L. 2012, p. 1285, § 2/SB 350.