As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 646.006
and 646.010 have the meanings ascribed to them in those
sections.
(Added to NRS by 1997, 2545)
“Motor vehicle” means any
self-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 include electric personal assistive mobility devices as defined in
NRS 482.029 .
(Added to NRS by 1997, 2545; A 2003, 1207 )
“Pawnbroker” means every person
engaged, in whole or in part, in the business of loaning money on the
security of pledges, deposits or other secured transactions in personal
property.
[1911 C&P § 206; RL § 6471; NCL § 10154]—(NRS A 1965, 944; 1997,
2546)
1. Every pawnbroker doing business in any incorporated city or
unincorporated town in this State shall maintain in his place of business
a book or other permanent record in which must be legibly written in the
English language, at the time of each loan or purchase a record thereof
containing:
(a) The date and time of the transaction.
(b) The name or other identification of the person or employee
conducting the transaction.
(c) The name, age, street and house number, the serial number of
one piece of positive identification and a general description of the
complexion, color of hair and facial appearance of the person with whom
the transaction is had. In lieu of recording the serial number of a piece
of positive identification, the record may contain an indication that the
pawnbroker knows the person with whom the transaction is had.
(d) A description of the property received in pledge. In the case
of watches, the description must contain the name of the maker and the
number of the works or the case. In the case of jewelry, all letters and
marks inscribed thereon must be included in the description.
(e) The amount loaned.
(f) The number of any pawn ticket issued therefor.
2. The person with whom a transaction is had shall, at the time of
the transaction, certify in writing that he has the legal right to pledge
or sell the property.
3. The record and all goods received must at all times during the
ordinary hours of business be open to the inspection of the prosecuting
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 1983, 744; 1991, 374;
1995, 858; 2003, 20th Special Session, 16 )
1. Every pawnbroker doing business in any unincorporated town
shall, before 12 m. of each day, furnish in duplicate to the sheriff of
the county a full, true and correct transcript of the record of all
transactions had on the preceding day.
2. Every pawnbroker doing business in any incorporated city shall,
before 12 m. of each day, furnish in duplicate to the chief of police
thereof, a full, true and correct transcript of the record of all
transactions had on the preceding day.
3. Every pawnbroker doing business in an unincorporated town or in
an incorporated city having good cause to believe that any property in
his possession has been previously lost or stolen shall forthwith report
such 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 of the
person from whom, the same was received by him.
[1911 C&P § 202; A 1917, 410; 1919 RL § 6467; NCL § 10150]—(NRS A
1967, 178)
No property received in pledge by a pawnbroker may be removed from his
place of business after the receipt of the property is reported to the
sheriff or the chief of police as provided in this chapter, unless the
property is:
1. Redeemed by the owner thereof; or
2. Released to the custody of a peace officer in the manner set
forth in NRS 646.047 .
[Part 1911 C&P § 203; RL § 6468; NCL § 10151]—(NRS A 1983, 744;
1993, 2322; 1997, 2546; 1999, 755 )
1. A pawnbroker who receives a motor vehicle in pledge as security
for a loan pursuant to NRS 646.050 may
remove the motor vehicle from his place of business to a place used by
the pawnbroker for the storage of motor vehicles received in pledge.
2. The pawnbroker:
(a) Shall hold the motor vehicle at the place of storage for the
same period that personal property must be held at his place of business
pursuant to this chapter; and
(b) May only remove the motor vehicle from the place of storage
under the same conditions that personal property may be removed from his
place of business pursuant to this chapter.
(Added to NRS by 1997, 2546)
1. A peace officer who is involved in the investigation or
prosecution of criminal activity may place a written hold on any property
received in pledge by a pawnbroker that is related or allegedly related
to the criminal activity.
2. While a hold is placed on property pursuant to this section,
the pawnbroker who received the property in pledge shall not release or
dispose of the property to any person other than the peace officer who
placed the hold on the property. A peace officer who placed a hold on
property may obtain custody of the property from the pawnbroker if the
peace officer:
(a) Has obtained written authorization from the prosecuting
attorney which includes, without limitation, a description of the
property and an acknowledgment of the pawnbroker’s interest in the
property, and which provides that the pawnbroker must be notified
pursuant to NRS 179.165 , if applicable;
and
(b) Gives a copy of the written authorization to the pawnbroker.
3. Property received by a peace officer pursuant to this section
may be disposed of only in the manner set forth in NRS 52.385 or 179.125
to 179.165 , inclusive.
4. A peace officer who places a hold on property pursuant to this
section shall notify the pawnbroker in writing when the investigation or
prosecution has concluded or when the hold is no longer necessary,
whichever occurs sooner.
5. If a person who deposited property with a pawnbroker in pledge
attempts to redeem the property from the pawnbroker and a hold has been
placed on the property pursuant to this section, the pawnbroker shall
provide the person with the name of the peace officer who placed the hold
on the property and the name of the employer of the peace officer who
placed the hold on the property.
6. A pawnbroker and an employee of a pawnbroker who take any
action required pursuant to this section are immune from civil liability
for such action.
(Added to NRS by 1999, 755 )
1. A pawnbroker may charge and receive interest at the rate of 10
percent a month for money loaned on the security of personal property
actually received in pledge, and a person shall not ask or receive a
higher rate of interest or discount on any such loan, or on any actual or
pretended sale or redemption of personal property. For any loan made, a
pawnbroker may make an initial charge of $5 in addition to interest at
the authorized rate.
2. All personal property must be held for redemption for at least
120 days after the date of pledge with any pawnbroker.
3. A pawnbroker shall give to the person securing the loan a
printed receipt clearly showing the amount loaned and rate of interest,
together with a description of the pledged property. The receipt must be
marked in such a manner that the amounts of principal and interest paid
by the person securing the loan can be clearly designated. Each payment
must be entered upon the receipt, and each entry must designate how much
of the payment is being credited to principal and how much to interest,
with dates of payments shown thereon.
4. A pawnbroker shall not charge more than $3 per day for the
storage of a motor vehicle which is collateral for a loan.
[1911 C&P § 205; A 1951, 108]—(NRS A 1969, 389; 1977, 214; 1981,
1594; 1989, 851; 1993, 2322; 1997, 2546)
A pawnbroker, and a clerk, agent or
employee of a pawnbroker, is guilty of a misdemeanor if he:
1. Fails to make an entry of any material matter in his book or
record kept as provided for in NRS 646.020 .
2. Makes a false entry in his book or record.
3. Obliterates, destroys or removes from his place of business the
book or record.
4. Refuses to allow the prosecuting attorney or a peace 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 or to the
chief of police.
6. Fails to report immediately to the sheriff or to the chief of
police the possession of property which he may have good cause to believe
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 the
property.
7. Removes property received or allows it to be removed from his
place of business in violation of NRS 646.040 .
8. Receives property from a person under the age of 18 years,
common drunkard, habitual user of controlled substances, habitual
criminal, habitual felon, habitually fraudulent felon, person in an
intoxicated condition, known thief or receiver of stolen property, or
known associate of a thief or receiver of stolen property, whether the
person is acting in his own behalf or as the agent of another.
9. Violates any of the provisions of NRS 646.050 .
[Part 1911 C&P § 204; RL § 6469; NCL § 10152] + [2:92:1951]—(NRS A
1971, 2045; 1973, 1580; 1983, 745; 1987, 1573; 1993, 2322; 1995, 859,
1313; 1997, 2546)
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