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MDLaw
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 5807
Experience:  Experience in business law, contract law and related matters.
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hi. i am a small secondhand dealer in california and due to

Customer Question

hi.
i am a small secondhand dealer in california and due to some bad businesses
in our area buying and selling stolen items the kern county sheriff had started pushing laws i was told didnt pertain to my business.now they say they do...as i only sell donated items such as yardsale left overs estate sale leftovers and such i do not buy anything from the public EVER. so thieves have no reason to bring stolen items to me.my store is small but we have a high volume of incomming donations ant the biggest problem is storage for all these items for 30 days not to mention the man hours involved in logging .reporting .and the loss of danations becouse most people have just lost loved ones and prefer to stay annomous so people are starting to not donate anymore.i do also sell purchased new items like tools from harbour freight tools. anyhow my findings appear to me that these laws pertain to used items purchased for resale from the public or for pawnshops i don not pawn , buy,accept for auction or anything like that arent i exempt from these laws or codes or am i missing something ??i dont feel it is right to make me do this i am a very reputable business owner of over 15 years following my mother the original owner since the early 70.s.....if you are wondering how i can get so many donations it is becouse we also have a cheritable non profit food pantry that actually takes the donations then turns the items over to my store for processing and sales.the two entities do very well together. my sole proprietorship is Valley Thrift Shop in lake isabella ca.and the non-profit is known as the Food Pantry.... both highly respected in our area.i will be glad to pay for this information if need be just please give me some insight on this thank you in advance
steven brewer owner valley thrift shop
and managing vice-president of
the Food Pantry
lake isabella ca.93240 (kern county)
I am not a lawyer but below are some of the codes i looked into
and highlited and underlined my points of interest !
again i buy nothing from the public all merchandise is donated

california business and professions code 21626

(a) A "secondhand dealer," as used in this article, means
and includes any person, copartnership, firm, or corporation whose
business includes buying, selling, trading, taking in pawn, accepting
for sale on consignment, accepting for auctioning, or auctioning
secondhand tangible personal property. A "secondhand dealer" does not
include a "coin dealer" or participants at gun shows or events, as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, who are not required to be licensed
pursuant to Sections 26700 to 26915, inclusive, of the Penal Code,
who are acting in compliance with the requirements of Sections 26500
to 26585, inclusive, and 27545 of the Penal Code, and who are not a
"Gun Show Trader," as described in Sections 16620 and 26525 of the
Penal Code.
(b) As used in this section, a "coin dealer" means any person,
firm, partnership, or corporation whose principal business is the
buying, selling, and trading of coins, monetized bullion, or
commercial grade ingots of gold, or silver, or other precious metals.

california business and professions code 21627

(a) As used in this article, "tangible personal property"
includes, but is not limited to, all secondhand tangible personal
property which bears a serial number or personalized initials or
inscription or which, at the time it is acquired by the secondhand
dealer, bears evidence of having had a serial number or personalized
initials or inscription.
(b) "Tangible personal property" also includes, but is not limited
to, the following:
(1) All tangible personal property, new or used, including motor
vehicles, received in pledge as security for a loan by a pawnbroker.
(2) All tangible personal property that bears a serial number or
personalized initials or inscription which is purchased by a
secondhand dealer or a pawnbroker or which, at the time of such
purchase, bears evidence of having had a serial number or
personalized initials or inscription.
Submitted: 1 year ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you this evening.

My apologies but based on the code you listed, you are most definitely covered under the definition. As under the code a 'secondhand dealer' is someone who buys, sells, or trades second-hand items. By your own definition you purchase second-hand items from stores to resell, making you a secondhand dealer. You also receive items from others for the purpose of resale--that can be considered the 'trade' and the 'sell' element from the definition. Not all of the conditions must be met under this definition to be bound, merely some, and since it appears you do re-sell secondhand goods, you would be a dealer under definition. It does not matter if those items come as a donation, from an estate sale, or you buy or trade for them yourself, the fact that you re-sell second-hand goods is sufficient, at least based on how this language is written.

I am very sorry, but it does appear as if you are bound under the law and under the new requirements.

Good luck.

Customer: replied 1 year ago.

i do not purchase used items

Expert:  MDLaw replied 1 year ago.
I see that you have opted out your previous expert even though he has given you a correct answer. You asked him a follow-up but he is unable to respond because you opted him out. May I ask if this was a mistake on your part?

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