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Approaches to Pawnbroker and Secondhand Dealer Legislation

NCJ Number
174797
Author(s)
J Packer
Date Published
1997
Length
33 pages
Annotation
This report focuses on legislation and other approaches used in Australia and other countries to cover pawnbrokers and secondhand dealers and thereby to control distribution channels for stolen goods.
Abstract
The analysis notes that the majority of the legislation includes the requirement that both pawnbrokers and secondhand dealers be licensed. Record keeping requirements are another major component of existing legislation. Legislation also focuses on verification of the identification and residential address or the seller or pledger, the actions to be taken if the dealer thinks that the goods being presented are stolen, police access to premises without a warrant during business hours, and the ability of police to inspect records and goods on request. Further legislative provisions place restrictions on transactions with minors or with people apparently affected by drugs, require the retention of goods for a set minimum time period, specify the manner in which dealers must dispose of unredeemed pawned goods, and describe the structure of the unit that enforces the legislation. The legislation rarely covers other issues of major concern, including interstate trade in stolen goods and transient or mobile dealers. The analysis concluded that laws should include provisions on licensing, record keeping, verification of the seller, management of suspected stolen goods, police access, minimum time to retain goods, sale of unredeemed pawned goods, interstate trade in stolen goods, and mobile or transient dealers. Attached chart summarizing provisions of laws in various jurisdictions