Explore The NRA Universe Of Websites

APPEARS IN News

Report: City of Atlanta Illegally Stockpiling Seized Guns

Friday, November 13, 2015

Report: City of Atlanta Illegally Stockpiling Seized Guns

The job of America’s brave men and women of law enforcement is to defend the Constitution and uphold the laws of their jurisdictions. It’s a tough job, and those who do it faithfully are to be respected and commended.

But as movie hero Billy Jack famously said, “When policemen break the law, then there isn’t any law ….”

Now, a disturbing report from CBS46 in Atlanta is claiming that city officials, including the police chief, are refusing to comply with a law passed in 2012 that requires public agencies in possession of firearms that are no longer necessary for official use to dispose of those firearms through public auctions.

The report contains video of Atlanta Police Chief George N. Turner opining that compliance with the law would lead to “catastrophic” consequences. According to the report, Atlanta police have some 10,000 confiscated guns that they are warehousing, rather than disposing of as the law requires. The chief very clearly articulates what the law requires of his department and goes on to state, “The City of Atlanta has not done that.”

Atlanta Mayor Kasim Reed is also depicted in the report acknowledging that he is aware of the law’s requirements and complaining that it’s “very difficult for me to lead on this ….”

Chief Turner reasons that they are not “defying” the legislature but are merely “in a holding pattern.”

But as the report goes on to point out, the law is very clear that “in no event shall such auctions occur less frequently than once every six months during any time in which the political subdivision or state custodial agency has an inventory of saleable firearms.” In over three years, Atlanta has yet to conduct a single auction.

Reporter Ben Swann aptly summarizes the situation as follows: “to say you morally object to the law and you don’t have to follow it… Chief Turner and Mayor Reed would never allow that same reasoning for the rest of us accused of breaking the law.”

The NRA supported Georgia S.B. 350 in 2012 for the simple reason that it treats firearms like any other lawful consumer product that comes into the custody of state officials. Very simply, the law requires that guns forfeited or abandoned to public agencies shall, when no longer necessary for official purposes, but returned to their innocent owners, if applicable, or auctioned to licensed dealers.

Another reporter in the CBS piece alludes to the city having to “dump these guns on the street ….” Under the law, however, that is far from the case.

First, the law states that the firearms have to be auctioned to federally licensed dealers, who are then required to use the same safeguards in their further sale or disposal as they would firearms obtained directly from their manufacturers. Thus, to the degree the Atlanta mayor or police chief have a problem with what the law requires, they have a problem with all lawful firearm commerce.

Furthermore, the law has additional protections to prevent dangerous or unintentional consequences. First, it does not apply if the head of the agency, or a designee of such official, “certifies the firearm is unsafe for use because of wear, damage, age, or modification ….” Also, despite the repeated mention of “illegal guns” in the report, the law does not apply where “any federal or state law prohibits the sale or distribution of such firearm.” In those cases, the agency has several options for disposing of the firearms, including destruction.

Police departments and other public agencies routinely sell forfeited property to the law-abiding public, including firearms. Under the Georgia law, the revenues generated are required first to be used to offset the cost of administering the auctions and then to be transferred to the general fund for further public use. Why anyone would object to raising public revenue through the sale of lawful products (and in the case of firearms, through heavily regulated channels of commerce), rather than expending public money to store or destroy the material, is not clear.

The radical fringe of the gun control movement loves to portray firearm owners as aggrieved insurrectionists, eager to take up arms against any perceived grievance.

Yet here is an apparent case of public administrators using the power and authority of their offices to advance their own preferred public policy, in open disregard of the contrary public policy enacted by the peoples’ elected representatives. When the enforcement authorities think they know better than those who make the laws, the democratic system can quickly fall by the wayside.

Simply put, that flirts dangerously close to anarchy.

We can only hope this unusually penetrating report restores some “law” to the “law and order” apparatus of Atlanta, Georgia. We’ll be following this story closely and providing updates as further developments occur.

IN THIS ARTICLE
Georgia Law Enforcement
TRENDING NOW
NYC Chaos Shows that Gun Controllers Aren’t Serious about Crime

News  

Monday, November 25, 2024

NYC Chaos Shows that Gun Controllers Aren’t Serious about Crime

For decades, NRA-ILA has pointed out that gun control advocates are disingenuous when it comes to public safety.

Nancy Pelosi: Pro-Gun Voters Made an Impact

News  

Monday, November 18, 2024

Nancy Pelosi: Pro-Gun Voters Made an Impact

Congratulations NRA members and other pro-gun voters! Once again, our votes helped make the difference.

The FBI’s Missing Murders

News  

Monday, November 25, 2024

The FBI’s Missing Murders

In October, Dr. John Lott of the Crime Prevention Research Center (CPRC) broke the news that the Federal Bureau of Investigation (FBI) had stealth-revised its reported violent crime data for 2022 to show a 4.5% ...

California: Governor Newsom Signs Multiple Anti-Gun Bills into Law

Friday, September 27, 2024

California: Governor Newsom Signs Multiple Anti-Gun Bills into Law

On September 24th, Governor Newsom continued his crusade to erode Second Amendment rights in California by signing several anti-gun bills into law. NRA actively opposed these bills throughout the session and will continue to fight ...

Gulfport City Council Votes to Create "Gun-Free Zone" for Law-Abiding Citizens

Friday, November 22, 2024

Gulfport City Council Votes to Create "Gun-Free Zone" for Law-Abiding Citizens

This week, the Gulfport City Council voted 4-3 to ban law-abiding citizens who legally open carry from bringing firearms into City Council Chambers during a public meeting. They also approved intrusive security measures, including wanding ...

Michigan: Take Action Against Anti-Gun Bills Today!

Monday, December 2, 2024

Michigan: Take Action Against Anti-Gun Bills Today!

Tomorrow, the Michigan House Committee on Military, Veterans, and Homeland Security has scheduled to hear several firearm related bills, as the anti-gun majority makes their final push at restricting your rights before the swearing in ...

Pro-Second Amendment Bills Pre-Filed For Texas' 2025 Legislative Session

Friday, November 22, 2024

Pro-Second Amendment Bills Pre-Filed For Texas' 2025 Legislative Session

Last week your NRA reported on a laundry list of extreme anti-Second Amendment bills pre-filed in advance of the 2025 Texas legislative session, including red flag gun confiscation schemes, bans on private firearms transfers, limits ...

NRA Files Lawsuit Challenging Pennsylvania’s Prohibition on Concealed Carry by Adults Under Twenty-One

Saturday, November 23, 2024

NRA Files Lawsuit Challenging Pennsylvania’s Prohibition on Concealed Carry by Adults Under Twenty-One

Today, the NRA, Firearms Policy Coalition, and two individuals filed a lawsuit challenging Pennsylvania’s prohibition on concealed carry by adults under 21.

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Missouri: AG Bailey Intervenes on County’s Assault on the Second Amendment

Friday, November 22, 2024

Missouri: AG Bailey Intervenes on County’s Assault on the Second Amendment

Missouri’s Attorney General Andrew Bailey took immediate action to stop the erosion of the Second Amendment by a County Commission bent on restricting the rights of law-abiding citizens who either reside or traverse within its ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.