USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 647 - DEALERS IN JUNK AND SECONDHAND MATERIALS
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 647.011
to 647.018 , inclusive, have the meanings ascribed to them
in those sections.
[1:22:1921; NCL § 3720]—(NRS A 1971, 931; 1991, 788; 1997, 2548)
“Advertise” includes the use of
any newspaper, magazine or other publication, letter, sign, card or other
printed matter, radio or television transmission or any other method to
bring to the attention 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 or secondhand
personal property, including, without limitation, antiques or
collectibles.
(Added to NRS by 1997, 2547)
“Antique” means a unique object of
personal property that is not less than 60 years old and has special
value primarily because of its age.
(Added to NRS by 1997, 2547)
“Collectible” means an object
of personal property that has special value primarily because of its
unique characteristics and the high level of demand for the object.
(Added to NRS by 1997, 2547)
“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, used or castoff articles or material of any kind.
(Added to NRS by 1997, 2547)
“Junk dealer” means every
person, firm or corporation engaged in the business of purchasing or
selling hides or junk, other than used books.
(Added to NRS by 1997, 2547; A 1999, 2546 )
1. “Secondhand dealer” means any person engaged in whole or in
part in the business of buying and selling metal junk, melted metals 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 in the 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 owned or operated
by and located on the premises of a resort hotel; or
(II) A recreational facility which is owned or
operated by a county fair and recreation board; and
(2) Is conducted for not more than 7 days during any 6-month
period; and
(b) The person has been issued a license as a manufacturer,
importer, dealer or collector pursuant to the provisions of 18 U.S.C. §
923.
(Added to NRS by 1997, 2547; A 1999, 2546 ; 2003, 653 )
A junk dealer or secondhand
dealer who, after purchasing property from a customer, enters into an
agreement to 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 town requires
pawnbrokers to obtain a license; and
2. Shall comply with the provisions of chapter 646 of NRS.
(Added to NRS by 1997, 2548)
1. A junk dealer or secondhand dealer may not, as part of his
business as a junk dealer or secondhand dealer, buy a motor vehicle from
a person and sell the motor vehicle to the same person.
2. As used in this section, “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, 2548; A 2003, 1207 )
All charitable organizations which are recognized as such by the
Internal Revenue Code of the United States are exempt from the provisions
of this chapter.
(Added to NRS by 1979, 322)—(Substituted in revision for NRS
647.005)
The board
of 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 a junk dealer or a secondhand dealer unless the person
holds a valid license to engage in such a business within the
jurisdiction. The county or city may require that the number of the
person’s business license be included in such advertising.
(Added to NRS by 1991, 788)—(Substituted in revision for NRS
647.007)
DEALERS IN JUNK
Every junk
dealer shall at all times keep conspicuously posted in his office or
place of business a 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 purchases were made.
[2:22:1921; NCL § 3721]—(NRS A 1983, 745)
1. Every junk dealer shall keep a book in which must be written in
ink at the time of purchase a full and accurate description of each
article purchased, together with the full name, residence, driver’s
license number, vehicle license number and general description of the
person selling the article.
2. In addition to the information required to be included in the
book pursuant to subsection 1, a junk dealer must include in writing in
ink in the book each time he purchases or otherwise receives metallic
wire that has been burned in whole or in part to remove insulation:
(a) The name of the person who delivered the metallic wire; and
(b) A description of the written evidence obtained by the junk
dealer pursuant to NRS 647.035
identifying the person who delivered the metallic wire.
3. No entry in the book may be erased, mutilated or changed.
4. The book must be open at all times to inspection by the sheriff
of the county or any of his deputies, any member of the police department
in the city or town, and any constable or other county or municipal
officer 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 )
1. A junk dealer shall not purchase or otherwise receive metallic
wire that has been burned in whole or in part to remove insulation
unless, at the time that the metallic wire is purchased or otherwise
received, the junk dealer obtains:
(a) Written evidence identifying the person who delivered the
metallic wire; and
(b) A statement signed by the person who delivered the metallic
wire in which the person attests that the metallic wire was lawfully
acquired and burned.
2. A junk dealer shall retain the written evidence and the
statement obtained pursuant to subsection 1 for not less than 3 years.
(Added to NRS by 1999, 279 )
1. If any personal property is advertised as having been lost or
stolen, and the property or any property answering to the description
advertised, or any part of it, is in the possession of any junk dealer or
comes into his possession, he shall immediately notify the sheriff of the
county or the chief of police of the city or town in which he does
business, stating when and from whom the property was received.
2. Any junk dealer who has in his possession any personal property
that is alleged to have been lost or stolen shall exhibit the property on
demand to any police officer or constable, or other municipal or county
official of the city, town or county in which the junk dealer does
business, or to any person duly authorized in writing by any magistrate
to inspect property in the possession of the junk dealer, if the person
exhibits his authorization to the junk dealer.
[4:22:1921; NCL § 3723]—(NRS A 1991, 495)
No
junk dealer or any other person, firm or corporation shall purchase any
junk from:
1. Any person appearing to be intoxicated.
2. Any person appearing to be in any abnormal mental condition.
3. Any minor, without the written consent of a parent or guardian
of the minor. The written consent shall be kept on file and shall be
subject to inspection along with the description of property provided for
in NRS 647.060 .
[5:22:1921; NCL § 3724]
1. At the time of purchase by any junk dealer of any hides or
junk, the junk dealer shall require the person vending the hides or junk
to subscribe a statement containing the following information:
(a) When, where and from whom the vendor obtained the property.
(b) The vendor’s age, residence, including the city or town, and
the street and number, if any, of the residence, and such other
information as is reasonably necessary to enable the residence to be
located.
(c) The name of the employer, if any, of the vendor and the place
of business or employment of the employer.
2. Except as otherwise provided in subsection 3, the junk dealer
shall on the next business day:
(a) File the original statement subscribed by the vendor 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 a copy of the
statement with the chief of police of that city or town.
3. In a county whose population is 45,000 or less, the original
statement may be filed in the office of the sheriff’s deputy for
transmission to the sheriff.
[6:22:1921; NCL § 3725]—(NRS A 1991, 172; 2001, 1997 )
Every junk dealer, before shipping or transporting any articles
purchased, shall apply to the sheriff, a deputy or any constable or chief
of police in the county from which such shipment is to be made, for
inspection of the articles to be shipped. The application shall be signed
by the applicant, and shall contain full information concerning the
number, character and description of the articles proposed to be shipped.
Any such officer shall retain the application and description, and shall
issue to the applicant a permit for the shipment of articles enumerated
and described in the application.
[6a:22:1921; added 1929, 364; NCL § 3726]
The provisions of this chapter do not impair the power of
cities in this State to license, tax and regulate any person, firm or
corporation now engaged in or hereafter engaged in the buying and selling
of junk.
[Part 7:22:1921; NCL § 3727]—(NRS A 1971, 931; 1987, 1730; 1991,
788)
DEALERS IN SECONDHAND MATERIALS
A
person who is 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 )
1. Every secondhand dealer 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 purchase, a record
thereof containing:
(a) The date of the transaction.
(b) The name or other identification of the person or employee
conducting the transaction.
(c) The name, age, driver’s license number, street and house number
and a general description of the complexion, color of hair and facial
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 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 on the jewelry must be included in the description. When the
article bought is furniture, or the contents of any house or room
actually inspected on the premises, a general record of the transaction
is sufficient.
(f) The price paid.
2. 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 1971, 931; 1983, 746;
1995, 859)
1. Except as otherwise provided in subsection 4, every secondhand
dealer doing business in:
(a) Any unincorporated town shall, before 12 m. of each day,
furnish to the sheriff of the county a full, true and correct transcript
of the record of all transactions had on the preceding day. The
transcript must be furnished by mail or by any other means, including,
without limitation, by electronic or facsimile transmission, as directed
by the sheriff.
(b) Any incorporated city shall, before 12 m. of each day, furnish
to the chief of police of the city, a full, true and correct transcript
of the record of all transactions had on the preceding day. The
transcript must be furnished by mail or by any other means, including,
without limitation, by electronic or facsimile transmission, as directed
by the chief of police.
2. Every transcript prepared pursuant to subsection 1 must
include, but is not limited to:
(a) The date and time of each transaction; and
(b) The identity of the secondhand dealer or employee who conducted
the transaction.
Ê The person conducting the transaction shall legibly print or type his
full name and write his signature on the transcript. Each transcript must
include a certificate, signed by the person selling the property to the
secondhand dealer, stating that he has the legal right to sell the
property.
3. Every secondhand dealer 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 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 of the person from whom he received the property.
4. The provisions of subsection 1 do not apply to any transaction
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 )
1. Except as otherwise provided in subsection 2, no property which
has a specific mark for identification or is otherwise individually
identifiable and is bought by any secondhand dealer may be removed from
his place of business at which the transaction occurred within:
(a) Thirty days after the receipt thereof is reported or a record
of the receipt of the property is furnished or mailed to the sheriff or
the chief of police, if the place of business is located in a county
whose population is 400,000 or more; or
(b) Fifteen days after the receipt thereof is reported or a record
of the receipt of the property is furnished or mailed to the sheriff or
the chief of police, if the place of business is located in a county
whose population is less than 400,000.
2. A secondhand dealer who purchases a motor vehicle may, during
the period prescribed in subsection 1, remove the motor vehicle from the
place of business at which the transaction occurred to a place used by
the secondhand dealer for the storage of purchased motor vehicles. Once
the motor vehicle is moved to the place of storage, the secondhand dealer
shall not remove the motor vehicle from that place during the remainder
of the period prescribed in subsection 1.
[Part 1911 C&P § 203; RL § 6468; NCL § 10151]—(NRS A 1983, 747;
1993, 2323; 1997, 2548)
1. A peace officer or investigator who is involved in the
investigation or prosecution of criminal activity may place a written
hold on any property in the possession of a secondhand dealer that is
related or allegedly related to the criminal activity.
2. While a hold is placed on property pursuant to this section,
the secondhand dealer shall not remove or dispose of the property to any
person other than the peace officer or investigator who placed the hold
on the property. A peace officer or investigator who placed a hold on
property may obtain custody of the property from the secondhand dealer if
the peace officer or investigator:
(a) Has obtained written authorization from the prosecuting
attorney which includes, without limitation, a description of the
property and an acknowledgment of the secondhand dealer’s interest in the
property; and
(b) Provides a copy of the written authorization to the secondhand
dealer.
3. Property received by a peace officer or investigator 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 or investigator who places a hold on property
pursuant to this section shall notify the secondhand dealer in writing
when the investigation or prosecution has concluded or when the hold is
no longer necessary, whichever occurs sooner.
(Added to NRS by 2003, 653 )
UNLAWFUL ACTS; PENALTIES
Any junk dealer who
violates any of the provisions of NRS 647.020 to 647.070 ,
inclusive, is guilty of a misdemeanor.
[Part 7:22:1921; NCL § 3727]—(NRS A 1967, 645; 1991, 788; 1999, 280
)
A secondhand dealer and a clerk, agent or employee of a
secondhand dealer 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 647.110 .
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 specifically marked or otherwise individually
identifiable property received or allows it to be removed from his place
of business or place of storage in violation of the provisions of NRS
647.130 .
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.
[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)
1. Any junk dealer or secondhand dealer, or any agent, employee or
representative of a junk dealer or secondhand dealer, who buys or
receives any junk which he knows or should reasonably know is ordinarily
used by and belongs to a telephone, telegraph, gas, water, electric or
transportation company or county, city or other political subdivision of
this State engaged in furnishing utility service, and who fails to use
ordinary care in determining whether the person selling or delivering
such junk has a legal right to do so, is guilty of criminally receiving
such property.
2. A person convicted of criminally receiving junk is guilty 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)
