South Carolina § 40-54-40 Dealer to keep records of certain purchases; identification of seller required; seller's identity not to be publicized.

South Carolina Statutes

§ 40-54-40 — Dealer to keep records of certain purchases; identification of seller required; seller's identity not to be publicized.

South Carolina § 40-54-40

Title 40PROFESSIONS AND OCCUPATIONS

Ch. 54DEALERS IN PRECIOUS METALS

This text of South Carolina § 40-54-40 (Dealer to keep records of certain purchases; identification of seller required; seller's identity not to be publicized.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 40-54-40 (2026).

Text

(A)(1) Every dealer shall keep a book in which must be written at the time of any purchase of precious metal or precious or semiprecious stones or gems made from the general public, whether in bulk or manufactured form, the date of purchase, amount of money or other property exchanged for the metal, stones, or gems, the name, sex, race, age, address, and driver's license number of the person selling the items, articles, or things bought, and the number and nature and brand name of the items, articles, or things. Descriptions must include size, weight, patterns, or engraving or any unusual identification marks.

(2)If the seller does not have a driver's license, some other positive identification bearing his photograph and an identifying number may be substituted including:

(a)another form

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(A)(1) Every dealer shall keep a book in which must be written at the time of any purchase of precious metal or precious or semiprecious stones or gems made from the general public, whether in bulk or manufactured form, the date of purchase, amount of money or other property exchanged for the metal, stones, or gems, the name, sex, race, age, address, and driver's license number of the person selling the items, articles, or things bought, and the number and nature and brand name of the items, articles, or things. Descriptions must include size, weight, patterns, or engraving or any unusual identification marks. (2) If the seller does not have a driver's license, some other positive identification bearing his photograph and an identifying number may be substituted including: (a) another form of identification containing a photograph and issued by the Department of Motor Vehicles; (b) a passport; (c) military identification containing a photograph and issued by the United States federal government; or (d) a South Carolina voter registration card containing a photograph pursuant to Section 7-5-675. (3) If the seller cannot produce a driver's license or other positive identification, the dealer may not buy any merchandise from him. Every dealer shall, at the time of purchase, obtain the signature of the seller as part of the recording of the transaction. (B) The record book must be kept for three years and at all reasonable times must be open to the inspection of any judicial or law enforcement officials or their designees. (C) The local law enforcement agency may not reveal a seller's identity supplied under this section except to other law enforcement agencies and prosecuting officials or pursuant to the valid order of a court or in the course of any criminal investigation or prosecution.

Legislative History

HISTORY: 1981 Act No. 147 SECTION 1; 1988 Act No. 413, SECTION 2; 2014 Act No. 292 (H.3149), SECTION 3, eff June 23, 2014. Effect of Amendment 2014 Act No. 292, SECTION 3, added the subsection designators; in subsection (A)(1), deleted the prior last three sentences; and added subsections (A)(2) through (A)(3).