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2018 Georgia Code 10-1-359 | Car Wreck Lawyer

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 14 SECONDARY METALS RECYCLERS

10-1-359. Prohibited acts.

It shall be unlawful for:

  1. A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of 7:00 P.M. and 7:00 A.M.; and
  2. Any person to give a false or altered personal identification card, vehicle license tag number, or vehicle identification number to a secondary metals recycler as part of a purchase transaction.

(Code 1981, §10-1-356, enacted by Ga. L. 1992, p. 2452, § 1; Code 1981, §10-1-359, as redesignated by Ga. L. 2012, p. 112, § 1-1/HB 872.)

Editor's notes.

- Ga. L. 2012, p. 112, § 4-1(a)/HB 872, not codified by the General Assembly, provides that the amendment of this Code section shall apply to all offenses committed on or after July 1, 2012.

Law reviews.

- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 238 (2012).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Misdemeanor offenses arising under O.C.G.A. § 4-8-27 are offenses for which those charged are to be fingerprinted. 2012 Op. Att'y Gen. No. 12-6.

Cases Citing O.C.G.A. § 10-1-359

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SMITH v. State, 319 Ga. 352 (Ga. 2024).

Cited 2 times | Published | Supreme Court of Georgia | May 29, 2024

...including OCGA § 10- 5 1-351 (regulating the purchase of coils, copper wire, and catalytic converters), OCGA § 10-1-353 (requiring secondary metals recyclers to maintain records of purchase transactions), OCGA § 10-1-359.1 (requiring registration of secondary metals recyclers), OCGA § 10-1- 359.5 (requiring secondary metals recyclers to provide purchase- transaction information to the GBI), OCGA § 40-3-36 (regulating the disposal of vehicles), OCGA...
...exist,” OCGA § 9-16-12, we turn now to whether the Court of Appeals erred in holding that the second amended complaint satisfied that requirement. As relevant here, the second amended complaint sought forfeiture of the seized property under OCGA § 10-1-359.3....
...That statute provides that “[a]ny property which is, directly or indirectly, used or intended for use in any manner to facilitate a crime and any proceeds derived or realized therefrom” are “contraband” and “subject to forfeiture.” OCGA § 10-1-359.3 (b), (c)....

SMITH v. State (Ga. 2024).

Published | Supreme Court of Georgia | May 29, 2024

... State alleged violations of numerous statutes, including OCGA § 10- 1-351 (regulating the purchase of coils, copper wire, and catalytic converters), OCGA § 10-1-353 (requiring secondary metals recyclers to maintain records of purchase transactions), OCGA § 10-1-359.1 (requiring registration of secondary metals recyclers), OCGA § 10-1- 359.5 (requiring secondary metals recyclers to provide purchase- transaction information to the GBI), OCGA § 40-3-36 (regulating the disposal of vehicles), OCGA...
...exist,” OCGA § 9-16-12, we turn now to whether the Court of Appeals erred in holding that the second amended complaint satisfied that requirement. As relevant here, the second amended complaint sought forfeiture of the seized property under OCGA § 10-1-359.3....
...That statute provides that “[a]ny property which is, directly or indirectly, used or intended for use in any manner to facilitate a crime and any proceeds derived or realized therefrom” are “contraband” and 31 “subject to forfeiture.” OCGA § 10-1-359.3 (b), (c)....