O.C.G.A.

O.C.G.A. § 25-10-6 (2019)

Fireworks manufactured, sold, or stored in violation of chapter declared contraband; seizure and disposition thereof; forfeiture

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) The state fire marshal shall enforce the provisions of this chapter; provided, however, that, in addition, any law enforcement officer or agency of this state or political subdivision thereof may enforce provisions relating to using or igniting or causing to be ignited consumer fireworks. Applicable fire departments of a county, municipality, or other political subdivision or a chartered fire department shall refer cases for enforcement under subsection (c) of Code Section 25-10-5.1 to the state fire marshal. All fireworks or consumer fireworks manufactured, offered for sale, exposed for sale, or stored in violation of this chapter are declared to be contraband and may be seized, taken, and removed, or caused to be removed and destroyed or disposed of at the expense of the owner thereof by the state fire marshal, the Georgia State Patrol, or any sheriff or local police official.

(b) Any property declared as contraband pursuant to this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.

History

Ga. L. 1955, p. 550, § 6; Ga. L. 1962, p. 11, § 5; Ga. L. 2015, p. 274, § 5/HB 110; Ga. L. 2016, p. 64, § 10/HB 727.

Annotations

Law reviews. For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. Rev. 55 (2016).

OPINIONS OF THE ATTORNEY GENERAL Enforcement of fireworks regulations by Georgia State Patrol. - Georgia State Patrol may seize fireworks which they find, declare them contraband, and destroy them even though found off the highways of this state, but any arrest made off the highways would have to be

accomplished by the local authorities; however, any violation of the terms of Ga. L. 1955, p. 550 (see now O.C.G.A. 25-10-1 et seq.) observed on the highways may give rise to proper arrest by the members of the state patrol. 1962 Ga. Op. Att’y Gen. 431.

RESEARCH REFERENCES ALR. Lawfulness of seizure of property used in violation of law as prerequisite to for-

feiture action or proceeding, 8 A.L.R.3d 473.