2005 Nevada Revised Statutes - Chapter 647 — Dealers in Junk and Secondhand Materials

CHAPTER 647 - DEALERS IN JUNK ANDSECONDHAND MATERIALS

GENERAL PROVISIONS

NRS 647.010 Definitions.

NRS 647.011 Advertisedefined.

NRS 647.012 Antiquedefined.

NRS 647.013 Collectibledefined.

NRS 647.015 Junkdefined.

NRS 647.016 Junkdealer defined.

NRS 647.018 Secondhanddealer defined.

NRS 647.019 Licensingas pawnbroker.

NRS 647.0191 Prohibitionagainst buying and selling motor vehicle to same person.

NRS 647.0192 Exemptionof charitable organizations from chapter.

NRS 647.0193 Localregulation of certain advertising.

DEALERS IN JUNK

NRS 647.020 Descriptionof purchases to be posted.

NRS 647.030 Informationconcerning purchases must be recorded in book; prohibition on altering ordestroying information; book must be open to inspection by certain lawenforcement officers.

NRS 647.035 Burnedmetallic wire: Information concerning person who delivered wire must beobtained; period during which information must be retained.

NRS 647.040 Lostor stolen personal property in possession of junk dealer: Duty to report;inspections.

NRS 647.050 Purchaseof junk from certain persons prohibited.

NRS 647.060 Vendorsstatements: Contents and filing.

NRS 647.070 Applicationsand permits for shipping junk and hides.

NRS 647.080 Powerof municipalities to license, tax and regulate not impaired.

DEALERS IN SECONDHAND MATERIALS

NRS 647.105 Applicabilityof provisions to certain persons who buy or sell secondhand firearms or itemsrelated to secondhand firearms.

NRS 647.110 Recordof transactions; inspection of record and goods.

NRS 647.120 Reportsof transactions and suspected stolen property to sheriff or chief of police.

NRS 647.130 Retentionof marked or otherwise individually identifiable property; exception for motorvehicles.

NRS 647.132 Peaceofficer or investigator may place written hold on property possessed bysecondhand dealer; procedure for obtaining custody of property; limitations ondisposal of property; notice.

UNLAWFUL ACTS; PENALTIES

NRS 647.135 Violationsby junk dealer.

NRS 647.140 Violationsby secondhand dealer or his clerk, agent or employee.

NRS 647.145 Criminallyreceiving junk.

_________

GENERAL PROVISIONS

NRS 647.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS647.011 to 647.018, inclusive, havethe meanings ascribed to them in those sections.

[1:22:1921; NCL 3720](NRS A 1971, 931; 1991, 788;1997, 2548)

NRS 647.011 Advertisedefined. Advertise includes the use of anynewspaper, magazine or other publication, letter, sign, card or other printedmatter, radio or television transmission or any other method to bring to theattention of the public that a person is engaged in the business of:

1. Purchasing or selling hides or junk; or

2. Buying and selling metal junk, melted metals orsecondhand personal property, including, without limitation, antiques orcollectibles.

(Added to NRS by 1997, 2547)

NRS 647.012 Antiquedefined. Antique means a unique object of personalproperty that is not less than 60 years old and has special value primarily becauseof its age.

(Added to NRS by 1997, 2547)

NRS 647.013 Collectibledefined. Collectible means an object of personalproperty that has special value primarily because of its unique characteristicsand the high level of demand for the object.

(Added to NRS by 1997, 2547)

NRS 647.015 Junkdefined. Junk includes old iron, copper,brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes,cordage, bottles, bagging, rags, rubber, paper, and all other secondhand, usedor castoff articles or material of any kind.

(Added to NRS by 1997, 2547)

NRS 647.016 Junkdealer defined. Junk dealer means everyperson, firm or corporation engaged in the business of purchasing or sellinghides or junk, other than used books.

(Added to NRS by 1997, 2547; A 1999, 2546)

NRS 647.018 Secondhanddealer defined.

1. Secondhand dealer means any person engaged inwhole or in part in the business of buying and selling metal junk, meltedmetals or secondhand personal property, other than used books, including,without limitation, antiques, coins and collectibles.

2. The term does not include a person who engages inthe business of buying or selling secondhand firearms or any antique parts,accessories or other equipment relating to those firearms if:

(a) The person engages in that business at a show that:

(1) Is held at:

(I) A convention facility which is ownedor operated by and located on the premises of a resort hotel; or

(II) A recreational facility which isowned or operated by a county fair and recreation board; and

(2) Is conducted for not more than 7 days duringany 6-month period; and

(b) The person has been issued a license as amanufacturer, importer, dealer or collector pursuant to the provisions of 18U.S.C. 923.

(Added to NRS by 1997, 2547; A 1999, 2546; 2003, 653)

NRS 647.019 Licensingas pawnbroker. A junk dealer or secondhanddealer who, after purchasing property from a customer, enters into an agreementto allow the customer to buy back the property:

1. Must be licensed as a pawnbroker by the county,city or town in which the transaction occurred if that county, city or townrequires pawnbrokers to obtain a license; and

2. Shall comply with the provisions of chapter 646 of NRS.

(Added to NRS by 1997, 2548)

NRS 647.0191 Prohibitionagainst buying and selling motor vehicle to same person.

1. A junk dealer or secondhand dealer may not, as partof his business as a junk dealer or secondhand dealer, buy a motor vehicle froma person and sell the motor vehicle to the same person.

2. As used in this section, motor vehicle means anyself-propelled vehicle that is used upon a highway, but not operated on rails,for the purpose of transporting persons or property. The term does not includeelectric personal assistive mobility devices as defined in NRS 482.029.

(Added to NRS by 1997, 2548; A 2003, 1207)

NRS 647.0192 Exemptionof charitable organizations from chapter. Allcharitable organizations which are recognized as such by the Internal RevenueCode of the United States are exempt from the provisions of this chapter.

(Added to NRS by 1979, 322)(Substituted in revisionfor NRS 647.005)

NRS 647.0193 Localregulation of certain advertising. The boardof county commissioners of a county or the governing body of a city may, by ordinance,prohibit any person from advertising within its respective jurisdiction as ajunk dealer or a secondhand dealer unless the person holds a valid license toengage in such a business within the jurisdiction. The county or city mayrequire that the number of the persons business license be included in suchadvertising.

(Added to NRS by 1991, 788)(Substituted in revisionfor NRS 647.007)

DEALERS IN JUNK

NRS 647.020 Descriptionof purchases to be posted. Every junk dealershall at all times keep conspicuously posted in his office or place of businessa description of and the amount of hides and junk purchased by him each day,together with the names and addresses of the persons from whom the purchaseswere made.

[2:22:1921; NCL 3721](NRS A 1983, 745)

NRS 647.030 Informationconcerning purchases must be recorded in book; prohibition on altering ordestroying information; book must be open to inspection by certain lawenforcement officers.

1. Every junk dealer shall keep a book in which mustbe written in ink at the time of purchase a full and accurate description ofeach article purchased, together with the full name, residence, driverslicense number, vehicle license number and general description of the personselling the article.

2. In addition to the information required to beincluded in the book pursuant to subsection 1, a junk dealer must include inwriting in ink in the book each time he purchases or otherwise receivesmetallic wire that has been burned in whole or in part to remove insulation:

(a) The name of the person who delivered the metallicwire; and

(b) A description of the written evidence obtained bythe junk dealer pursuant to NRS 647.035identifying the person who delivered the metallic wire.

3. No entry in the book may be erased, mutilated orchanged.

4. The book must be open at all times to inspection bythe sheriff of the county or any of his deputies, any member of the policedepartment in the city or town, and any constable or other county or municipalofficer in the county in which the junk dealer does business.

[3:22:1921; NCL 3722](NRS A 1967, 178; 1971, 931;1983, 745; 1999, 279)

NRS 647.035 Burnedmetallic wire: Information concerning person who delivered wire must beobtained; period during which information must be retained.

1. A junk dealer shall not purchase or otherwisereceive metallic wire that has been burned in whole or in part to removeinsulation unless, at the time that the metallic wire is purchased or otherwisereceived, the junk dealer obtains:

(a) Written evidence identifying the person whodelivered the metallic wire; and

(b) A statement signed by the person who delivered themetallic wire in which the person attests that the metallic wire was lawfullyacquired and burned.

2. A junk dealer shall retain the written evidence andthe statement obtained pursuant to subsection 1 for not less than 3 years.

(Added to NRS by 1999, 279)

NRS 647.040 Lostor stolen personal property in possession of junk dealer: Duty to report;inspections.

1. If any personal property is advertised as havingbeen lost or stolen, and the property or any property answering to thedescription advertised, or any part of it, is in the possession of any junkdealer or comes into his possession, he shall immediately notify the sheriff ofthe county or the chief of police of the city or town in which he doesbusiness, stating when and from whom the property was received.

2. Any junk dealer who has in his possession anypersonal property that is alleged to have been lost or stolen shall exhibit theproperty on demand to any police officer or constable, or other municipal orcounty official of the city, town or county in which the junk dealer doesbusiness, or to any person duly authorized in writing by any magistrate toinspect property in the possession of the junk dealer, if the person exhibitshis authorization to the junk dealer.

[4:22:1921; NCL 3723](NRS A 1991, 495)

NRS 647.050 Purchaseof junk from certain persons prohibited. Nojunk dealer or any other person, firm or corporation shall purchase any junkfrom:

1. Any person appearing to be intoxicated.

2. Any person appearing to be in any abnormal mentalcondition.

3. Any minor, without the written consent of a parentor guardian of the minor. The written consent shall be kept on file and shallbe subject to inspection along with the description of property provided for inNRS 647.060.

[5:22:1921; NCL 3724]

NRS 647.060 Vendorsstatements: Contents and filing.

1. At the time of purchase by any junk dealer of anyhides or junk, the junk dealer shall require the person vending the hides orjunk to subscribe a statement containing the following information:

(a) When, where and from whom the vendor obtained theproperty.

(b) The vendors age, residence, including the city ortown, and the street and number, if any, of the residence, and such otherinformation as is reasonably necessary to enable the residence to be located.

(c) The name of the employer, if any, of the vendor andthe place of business or employment of the employer.

2. Except as otherwise provided in subsection 3, thejunk dealer shall on the next business day:

(a) File the original statement subscribed by thevendor in the office of the sheriff of the county where the purchase was made;and

(b) If the purchase was made in a city or town, file acopy of the statement with the chief of police of that city or town.

3. In a county whose population is 45,000 or less, theoriginal statement may be filed in the office of the sheriffs deputy fortransmission to the sheriff.

[6:22:1921; NCL 3725](NRS A 1991, 172; 2001, 1997)

NRS 647.070 Applicationsand permits for shipping junk and hides. Everyjunk dealer, before shipping or transporting any articles purchased, shallapply to the sheriff, a deputy or any constable or chief of police in thecounty from which such shipment is to be made, for inspection of the articlesto be shipped. The application shall be signed by the applicant, and shallcontain full information concerning the number, character and description ofthe articles proposed to be shipped. Any such officer shall retain theapplication and description, and shall issue to the applicant a permit for theshipment of articles enumerated and described in the application.

[6a:22:1921; added 1929, 364; NCL 3726]

NRS 647.080 Powerof municipalities to license, tax and regulate not impaired. The provisions of this chapter do not impair the power ofcities in this State to license, tax and regulate any person, firm orcorporation now engaged in or hereafter engaged in the buying and selling ofjunk.

[Part 7:22:1921; NCL 3727](NRS A 1971, 931; 1987,1730; 1991, 788)

DEALERS IN SECONDHAND MATERIALS

NRS 647.105 Applicabilityof provisions to certain persons who buy or sell secondhand firearms or itemsrelated to secondhand firearms. A person whois described in subsection 2 of NRS 647.018:

1. Shall comply with the provisions of NRS 647.110, 647.120 and 647.130; and

2. Is subject to the provisions of NRS 647.140 and 647.145.

(Added to NRS by 1999, 2545)

NRS 647.110 Recordof transactions; inspection of record and goods.

1. Every secondhand dealer doing business in anyincorporated city or unincorporated town in this State shall maintain in hisplace of business a book or other permanent record in which must be legiblywritten in the English language, at the time of each purchase, a record thereofcontaining:

(a) The date of the transaction.

(b) The name or other identification of the person oremployee conducting the transaction.

(c) The name, age, drivers license number, street andhouse number and a general description of the complexion, color of hair andfacial appearance of the person with whom the transaction is had.

(d) If the transaction involves household furniture,the license number of the vehicle delivering each purchase.

(e) A description of the property bought. In the caseof watches, the description must contain the name of the maker and the numberof the works or the case. In the case of jewelry, all letters and marksinscribed on the jewelry must be included in the description. When the articlebought is furniture, or the contents of any house or room actually inspected onthe premises, a general record of the transaction is sufficient.

(f) The price paid.

2. The record and all goods received must at all timesduring the ordinary hours of business be open to the inspection of theprosecuting attorney or of any peace officer.

[Part 1911 C&P 200; A 1917, 410; 1919 RL 6465; NCL 10148] + [1911 C&P 201; RL 6466; NCL 10149](NRS A 1971,931; 1983, 746; 1995, 859)

NRS 647.120 Reportsof transactions and suspected stolen property to sheriff or chief of police.

1. Except as otherwise provided in subsection 4, everysecondhand dealer doing business in:

(a) Any unincorporated town shall, before 12 m. of eachday, furnish to the sheriff of the county a full, true and correct transcriptof the record of all transactions had on the preceding day. The transcript mustbe furnished by mail or by any other means, including, without limitation, by electronicor facsimile transmission, as directed by the sheriff.

(b) Any incorporated city shall, before 12 m. of eachday, furnish to the chief of police of the city, a full, true and correcttranscript of the record of all transactions had on the preceding day. Thetranscript must be furnished by mail or by any other means, including, withoutlimitation, by electronic or facsimile transmission, as directed by the chiefof police.

2. Every transcript prepared pursuant to subsection 1must include, but is not limited to:

(a) The date and time of each transaction; and

(b) The identity of the secondhand dealer or employeewho conducted the transaction.

The personconducting the transaction shall legibly print or type his full name and writehis signature on the transcript. Each transcript must include a certificate,signed by the person selling the property to the secondhand dealer, statingthat he has the legal right to sell the property.

3. Every secondhand dealer doing business in anunincorporated town or in an incorporated city having good cause to believethat any property in his possession has been previously lost or stolen shallforthwith report that fact to the sheriff or chief of police, respectively,together with the name of the owner if known, and the date when and the name ofthe person from whom he received the property.

4. The provisions of subsection 1 do not apply to anytransaction which involves buying, selling or trading used:

(a) Books, periodicals or sound recordings;

(b) Clothing; or

(c) Coins which are not part of any jewelry.

[1911 C&P 202; A 1917, 410; 1919 RL 6467; NCL 10150](NRS A 1967, 179; 1983, 746; 1991, 121; 2003, 654)

NRS 647.130 Retentionof marked or otherwise individually identifiable property; exception for motorvehicles.

1. Except as otherwise provided in subsection 2, noproperty which has a specific mark for identification or is otherwiseindividually identifiable and is bought by any secondhand dealer may be removedfrom his place of business at which the transaction occurred within:

(a) Thirty days after the receipt thereof is reportedor a record of the receipt of the property is furnished or mailed to thesheriff or the chief of police, if the place of business is located in a countywhose population is 400,000 or more; or

(b) Fifteen days after the receipt thereof is reportedor a record of the receipt of the property is furnished or mailed to thesheriff or the chief of police, if the place of business is located in a countywhose population is less than 400,000.

2. A secondhand dealer who purchases a motorvehicle may, during the period prescribed in subsection 1, remove the motorvehicle from the place of business at which the transaction occurred to a placeused by the secondhand dealer for the storage of purchased motor vehicles. Oncethe motor vehicle is moved to the place of storage, the secondhand dealer shallnot remove the motor vehicle from that place during the remainder of the periodprescribed in subsection 1.

[Part 1911 C&P 203; RL 6468; NCL 10151](NRS A 1983, 747; 1993, 2323; 1997, 2548)

NRS 647.132 Peaceofficer or investigator may place written hold on property possessed bysecondhand dealer; procedure for obtaining custody of property; limitations ondisposal of property; notice.

1. A peace officer or investigator who is involved inthe investigation or prosecution of criminal activity may place a written holdon any property in the possession of a secondhand dealer that is related orallegedly related to the criminal activity.

2. While a hold is placed on property pursuant to thissection, the secondhand dealer shall not remove or dispose of the property toany person other than the peace officer or investigator who placed the hold onthe property. A peace officer or investigator who placed a hold on property mayobtain custody of the property from the secondhand dealer if the peace officeror investigator:

(a) Has obtained written authorization from theprosecuting attorney which includes, without limitation, a description of theproperty and an acknowledgment of the secondhand dealers interest in theproperty; and

(b) Provides a copy of the written authorization to thesecondhand dealer.

3. Property received by a peace officer orinvestigator pursuant to this section may be disposed of only in the manner setforth in NRS 52.385 or 179.125 to 179.165, inclusive.

4. A peace officer or investigator who places a holdon property pursuant to this section shall notify the secondhand dealer inwriting when the investigation or prosecution has concluded or when the hold isno longer necessary, whichever occurs sooner.

(Added to NRS by 2003, 653)

UNLAWFUL ACTS; PENALTIES

NRS 647.135 Violationsby junk dealer. Any junk dealer who violatesany of the provisions of NRS 647.020 to 647.070, inclusive, is guilty of amisdemeanor.

[Part 7:22:1921; NCL 3727](NRS A 1967, 645; 1991,788; 1999, 280)

NRS 647.140 Violationsby secondhand dealer or his clerk, agent or employee. Asecondhand dealer and a clerk, agent or employee of a secondhand dealer isguilty of a misdemeanor if he:

1. Fails to make an entry of any material matter inhis book or record kept as provided for in NRS647.110.

2. Makes a false entry in his book or record.

3. Obliterates, destroys or removes from his place ofbusiness the book or record.

4. Refuses to allow the prosecuting attorney or apeace officer to inspect the book or record or any goods in his possession,during the ordinary hours of business.

5. Reports a material matter falsely to the sheriff orto the chief of police.

6. Fails to report immediately to the sheriff or tothe chief of police the possession of property which he may have good cause tobelieve has been lost or stolen, together with the name of the owner, if known,and the date when and the name of the person from whom he received theproperty.

7. Removes specifically marked or otherwise individuallyidentifiable property received or allows it to be removed from his place ofbusiness or place of storage in violation of the provisions of NRS 647.130.

8. Receives property from a person under the age of 18years, common drunkard, habitual user of controlled substances, habitualcriminal, habitual felon, habitually fraudulent felon, person in an intoxicatedcondition, known thief or receiver of stolen property, or known associate of athief or receiver of stolen property, whether the person is acting in his ownbehalf or as the agent of another.

[Part 1911 C&P 204; RL 6469; NCL 10152](NRS A 1971, 2046; 1973, 1580; 1983, 747; 1985, 313; 1987, 1573; 1993,2323; 1995, 860, 1314; 1997, 2549)

NRS 647.145 Criminallyreceiving junk.

1. Any junk dealer or secondhand dealer, or any agent,employee or representative of a junk dealer or secondhand dealer, who buys orreceives any junk which he knows or should reasonably know is ordinarily usedby and belongs to a telephone, telegraph, gas, water, electric ortransportation company or county, city or other political subdivision of thisState engaged in furnishing utility service, and who fails to use ordinary carein determining whether the person selling or delivering such junk has a legalright to do so, is guilty of criminally receiving such property.

2. A person convicted of criminally receiving junk isguilty of a category D felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1971, 930; A 1991, 788; 1995, 1314)