§ 2307 — Prohibited transactions

Delaware § 2307

• Jurisdiction: Delaware
• Title: 24
• Ch. 23: PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS
• Subch.: General Provisions

Text

(a) No pawnbroker, secondhand dealer or scrap metal processor subject to this chapter shall knowingly purchase or acquire any article, ware or merchandise:

(1) From any person or persons under the age of 18 unless that person or person is:

a. Recycling aluminum cans; or

b. Accompanied by a parent, grandparent, or guardian and is not selling a catalytic converter.

(2) From any person under the influence of any intoxicating liquor or drug when such condition is visible or apparent;

(3) Which has an altered, obliterated or otherwise tampered with serial number or identifying marking;

(4) Which remains sealed, unopened in its original packaging, or in its original unused condition unless the person conveying the item presents a receipt or proof of purchase for the item; or

(5) A gift card from a retailer.

(b) No pawnbroker subject to this chapter shall take or receive as a pledge or pawn any artificial limb or wheelchair.

(c) No individual may purchase or sell a catalytic converter from an individual unless the individual, at the time of purchase or sale, provides identification that shows the individual is 1 of the following:

(1) A scrap metal processor licensed under this chapter.

(2) An automotive recycler licensed under Chapter 75 of Title 21.

(3) An agent or employee of a licensed scrap metal processor or automotive recycler.

(d) A scrap metal processor may not purchase the following items from an individual unless the individual, at the time of purchase, provides appropriate authorization from a relevant business or unit of federal, state, or local government specifically authorizing the individual to conduct the transaction.

(1) Metal bleachers;

(2) Hard-drawn copper;

(3) Metal beer kegs;

(4) Cemetery urns;

(5) Grave markers;

(6) Materials related to railroad infrastructure; and

(7) Any other used articles owned by a public utility including:

a. Guardrails;

b. Manhole covers;

c. Metal light poles;

d. Tree grates;

e. Water meters; and

f. Street signs.

(e) A catalytic converter may not be purchased with cash. Payment must be made in the form of a check payable to the licensed individual or licensed entity selling the catalytic converter.

(f) An entity or individual authorized to sell a catalytic converter under subsection (c) of this section may not provide false, fraudulent, altered, or counterfeit information or documentation to the purchaser of a catalytic converter.

(g) The purchase and sale of a catalytic converter must occur between the hours of 6:00 a.m. and 9:00 p.m.

(h) The sale of a catalytic converter must occur at a fixed business address of an individual authorized to purchase a catalytic converter under subsection (c) of this section.

(i) The Department of Safety and Homeland Security and its designees may seize an item found in violation of this section. For any item seized for violation of paragraph (a)(4) of this section, the Department shall hold the seized item for no more than 30 days, during which time the pawnbroker, secondhand dealer, or scrap metal processor may provide the Department with proof of ownership or other evidence sufficient to establish ownership under this chapter.

Legislative History

24 Del. Laws, c. 162, §§ 9, 10 ; 24 Del. Laws, c. 163, § 1 ; Code 1915, §§ 1204, 1205; Code 1935, §§ 1390, 1391; 47 Del. Laws, c. 169, § 1 ; 24 Del. C. 1953, §§ 2309, 2310, 2312; 70 Del. Laws, c. 186, § 1 ; 75 Del. Laws, c. 284, § 1 ; 79 Del. Laws, c. 156, § 4 ; 84 Del. Laws, c. 138, § 2 ; 84 Del. Laws, c. 207, § 2