(a) After a forfeiture of a device used in a crime, in the event the director of the Department of Archives and History or the commissioner of public safety, in that order or priority, shall desire to receive and retain a device described in Code Section 17-5-51 for historical or instructional purposes of his department and gives written notice thereof to the sheriff, either prior to the sheriff's advertisement of the device for sale or within ten days thereafter, the sheriff shall forthwith deliver the device to the requesting department which shall retain the device for such purposes. A device delivered to either department in accordance with this Code section shall become the property of the state.

(b) This Code section shall prevail over Code Section 17-5-52.