COBB COUNTY, Ga. — The Cobb County District Attorney has dropped felony theft charges against Jarrett Franco Modica, a 23-year-old Kennesaw State University student.
Earlier this month, Channel 2 Consumer Investigator Justin Gray reported that Modica had legally purchased a firearm that was later identified as a stolen police gun.
Modica spent two months in jail and was initially denied bond after being charged with felony theft by taking.
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Although he purchased the gun from a licensed dealer and held a valid receipt, a loophole in federal law does not require stores to verify if used firearms have been reported stolen before they are resold to the public.
Gray’s investigation revealed that Modica purchased the firearm at Adventure Outdoors, a federally licensed dealer in Cobb County. Modica kept a receipt for the transaction that included a serial number matching the one listed on the criminal warrant and police incident report.
Despite this evidence, he remained in custody for two months under a felony charge of theft by taking.
Cobb County District Attorney Sonya Allen confirmed the decision to dismiss the case following a formal investigation into the transaction.
“Our office conducted a complete review of the reports and documentation and confirmed that the firearm in question was legally purchased,” Allen said.
The case highlighted a gap in firearm regulations regarding the resale of weapons. According to a Federal Bureau of Investigation and Department of Justice FAQ, federal law does not require retail stores to verify if a firearm has been reported stolen before selling it.
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While a 2022 federal law allows licensed dealers to voluntarily check the National Instant Criminal Background Check System (NICS) for stolen guns, it is not a mandatory requirement.
Eric Wallace, general manager of Adventure Outdoors, stated that the store regularly utilizes the federal database and other methods to vet their inventory.
“If it’s a stolen firearm, this is the last place you want to bring it,” Wallace said.
Modica expressed relief that the felony charge is no longer pending, noting that the legal situation had put his career prospects on hold.
“Better. Now I can apply for big boy jobs now. You know this is not lingering over my head,” Modica said.
He remains concerned that an internet search of his name will continue to associate him with the arrest despite the dismissal.
Cobb County police officials stated they stand by the initial arrest, asserting that the responding officer had probable cause under Georgia law.
The department refused to release body camera footage of the incident, claiming the case remains open due to an unrelated matter.
Modica is scheduled to appear in court at a later date to address a remaining traffic citation.
The Cobb County District Attorney’s office has filed the warrant dismissal to officially clear his name of the felony theft charge.
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