§ 37:1910 — Records of certain purchases; purchases from minors; exceptions

§1910. Records of certain purchases; purchases from minors; exceptions
A. Every transient merchant who, at any time during the course of
business buys, sells, trades in, or otherwise acquires or disposes of used or
secondhand property consisting of gold, silver, copper, brass, or other precious
metals, jewelry, precious stones, or objects composed of such precious metals
or precious stones, shall:
(1) Keep a book in which shall be typed or legibly printed in ink at the
time of each purchase, taking, or receiving of such goods, articles, or things,
an accurate description in English of the goods, articles, or things received,
serial numbers, name of maker, letters, or marks on the articles received or
taken, the amount of money paid therefor, the time of purchasing, taking, or
receiving of same, the name, residence, age, sex, color, height, weight, style
of dress, and number of the driver's license of the person or persons selling or
delivering the goods, articles, or things. This record shall at all times be open
for inspection by any commissioned officer of the Louisiana State Police, the
chief law enforcement officer of the city or town, or sheriff of the parish, in
which the merchant is doing business, or any person authorized by such officer
or sheriff to conduct such inspection.
(2) Make out and deliver to the chief law enforcement officer of the
city or town, or sheriff of the parish, in which he is doing business, every day
before the hour of twelve o'clock noon, a legible and correct copy of the
entries in the book referred to in Paragraph (1) of this Subsection which were
made during the previous day. The name given by the person making a sale
shall be furnished to any commissioned officer of the Louisiana State Police,
the chief law enforcement officer or sheriff upon request.
(3) Maintain a photograph of the person selling or delivering the
merchandise or articles to the dealer. The quality of such photographs shall be
sufficient readily to identify the person depicted. In lieu of the photograph of
the person selling or delivering the merchandise, the merchant may obtain
either a thumbprint of such person, the quality of which shall be sufficient to
identify the person, or the number of the person's valid driver's license. Each
photograph, thumbprint, or valid driver's license number shall be
cross-referenced with the ledger entry required by Paragraph (1) of this
Subsection and shall be preserved for at least one year.
(4) Retain in his possession the goods, articles, or things purchased by
him for a period of fifteen calendar days following the purchase, during which
time he shall not sell, dispose of, change, or destroy the identity of the goods,
articles, or things purchased by him.
B. No transient merchant dealing in secondhand goods shall purchase
gold, silver, copper, brass, aluminum other than in the form of cans, or other
precious metals, jewelry, precious stones, or objects composed of such
precious metal or precious stones from a person under the age of eighteen.
Lack of knowledge of age shall not be a defense to a violation of this
Subsection.
C. A transaction between a transient merchant who is licensed under
Part III of Chapter 21 of Title 37 of the Louisiana Revised Statutes of 1950
and a secondhand dealer who is licensed under Part II of Chapter 21 of Title
37 of the Louisiana Revised Statutes of 1950 shall be exempt from the
provisions of Paragraph (A)(3) of this Section.
D. The provisions of this Section shall not apply to:
(1) The sale or purchase of manufactured registered bullion bars, coins,
or other numismatic items; or
(2) A retail tire outlet or an automobile dealer dealing in tires.

Legislative History

Acts 1987, No. 901, §2; Acts 1989, No. 271, §1.