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N Cal Attorney
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i am a second hand dealer buying scrap precious metal,coins

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i am a second hand dealer buying scrap precious metal,coins and jlry.
what are the second hand dealer licenseing requirements for the state of arizona. is there a specific form to be used for the buy (like a pawn slip) required by the state of arizona. what is the police holding period before i can alienate, sell or destroy (melt for refining to pure metal) the second hand property i buy?
Submitted: 4 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 4 years ago.
Arizona Revised Statutes Title 44 Article 1regulates this, see
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=44
Article 3.1 covers scrap dealers


http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/44/01602.htm&Title=44&DocType=ARS
states:
44-1602. Requirements of dealers of precious items; violation; classification
A. Each dealer shall keep for six months from the date of purchase of a precious item and make available on request of a peace officer:
1. The name, current address, date of birth and signature of the person from whom the item was purchased.
2. A description of the person, including height, weight, race, complexion and hair color.
3. Identification card serial number as required under subsection B.
4. A list pursuant to subsection C describing the items purchased from that person.
B. Before making a purchase, a dealer shall require the person from whom he is purchasing to identify himself with a valid motor vehicle operator's license, valid motor vehicle nonoperating identification license, valid armed forces identification card or other valid photo identification sufficient to verify the information required pursuant to subsection A of this section.
C. Each dealer shall, at least once each week in which he makes a purchase, make out and deliver to the local law enforcement agency a true, complete and legible list of all items purchased during the period since the last report. The dealer shall use local law enforcement agency forms to meet the requirements of this subsection if such forms are issued by the local law enforcement agency. The list shall include:
1. The brand name and serial number, if any.
2. An accurate description of each item sufficient to enable the local law enforcement agency to identify the item.
3. The date and time when the item was received.
4. The amount paid for each item.
5. All information pursuant to subsection A, paragraphs 1, 2 and 3.
D. Any item purchased shall be held in the same shape and form as receipted for in the dealer's custody for ten calendar days after delivering the list to the local law enforcement agency as required under subsection C. This subsection shall not apply to the redemption of pawned or pledged items.
E. Payment to the seller or consignor shall be by check only, made payable to a named payee who is the actual intended seller.
F. It is presumptive evidence of intent to violate this section if the items purchased are not listed or fail to agree with the description contained in the list.
G. On notification by a peace officer that the items purchased are the fruits of a crime, the dealer shall not dispose of those items.
H. A dealer shall not purchase any precious item from any person under eighteen years of age unless the person is accompanied by a parent or guardian who must submit identification as required under subsection B.
I. Dealers of precious items may only purchase at their permanent place of business, as listed on their sales tax license.
J. Each dealer shall prominently display a copy of this statute in a conspicuous place on the premises of the business.
K. A person who violates this article is guilty of a class 1 misdemeanor.

There may also be local regulations on this type of business:
44-1604. Local ordinances
This article does not supersede any city, town or county ordinance nor does this article prohibit a city, town or county from enacting an ordinance regulating dealers of precious items. If a city, town or county has an ordinance regulating dealers of precious items, the provisions of this act and the provisions of that ordinance shall both apply except that an ordinance of a city, town or county which conflicts with or provides less stringent requirements than are provided in this article shall not be enforceable.

I hope this information is helpful.

Edited by N Cal Attorney on 7/5/2010 at 10:02 PM EST
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8092
Experience: Since 1983
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Expert:  N Cal Attorney replied 4 years ago.
Thank you for accepting my answer.

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