Assembly Bill No. 420–Assemblymen Weber, Knecht, Christensen, Grady, Hardy, Hettrick, McClain, Pierce and Williams

 

CHAPTER..........

 

AN ACT relating to secondhand dealers; requiring a county or city to require a person who engages in the business of a secondhand dealer to obtain a license as a secondhand dealer; authorizing a county or city to impose fines for certain violations committed by a secondhand dealer; prohibiting a secondhand dealer from removing or otherwise disposing of property in his possession which is involved in a criminal investigation under certain circumstances; authorizing a peace officer or investigator to obtain custody of such property under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 647 of NRS is hereby amended by adding

 thereto a new section to read as follows:

    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.

    Sec. 2.  NRS 647.018 is hereby amended to read as follows:

    647.018  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.

    Sec. 3.  NRS 647.120 is hereby amended to read as follows:

    647.120  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,

 [mail in duplicate] 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 [, by mail or any other means, in duplicate]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.

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.

    Sec. 4.  Chapter 244 of NRS is hereby amended by adding

 thereto a new section to read as follows:

    1.  The board of county commissioners of each county shall,

 by ordinance, require each person who wishes to engage in the

 business of a secondhand dealer in an unincorporated area of the

 county to obtain a license issued by the board before he engages

 in the business of a secondhand dealer.

    2.  The ordinance must require the applicant to submit:

    (a) An application for a license to the board of county

 commissioners in a form prescribed by the board.

    (b) With his application a complete set of his fingerprints and

 written permission authorizing the board to forward those

 fingerprints to the Central Repository for Nevada Records of

 Criminal History for submission to the Federal Bureau of

 Investigation for its report.

    3.  The board of county commissioners shall not issue a

 license pursuant to this section to an applicant who has been

 convicted of, or entered a plea of guilty or nolo contendere to, a

 felony involving moral turpitude or related to the qualifications,

 functions or duties of a secondhand dealer.

    4.  The board of county commissioners may:

    (a) Establish and collect a fee for the issuance or renewal of a

 license;

    (b) Establish and collect a fee to cover the costs of the

 investigation of an applicant, including a fee to process the

 fingerprints of the applicant;

    (c) Place conditions, limitations or restrictions upon the

 license;

    (d) Establish any other requirements necessary to carry out the

 provisions of this section; or

    (e) Enact an ordinance which covers the same or similar

 subject matter included in the provisions of NRS 647.140 and

 which provides that any person who violates any provision of that

 ordinance shall be punished:

        (1) For the first offense, by a fine of not more than $500.

        (2) For the second offense, by a fine of not more than

 $1,000.

        (3) For the third offense, by a fine of not more than $2,000

 and by revocation of the license of the secondhand dealer.

    Sec. 5.  Chapter 268 of NRS is hereby amended by adding

 thereto a new section to read as follows:

    1.  The governing body of an incorporated city in this state,

 whether organized pursuant to general law or special charter

 shall, by ordinance, require each person who wishes to engage in

 the business of a secondhand dealer in the incorporated city to

 obtain a license issued by the governing body before he engages

 in the business of a secondhand dealer.

    2.  The ordinance must require the applicant to submit:

    (a) An application for a license to the governing body of the

 incorporated city in a form prescribed by the governing body.

    (b) With his application a complete set of his fingerprints and

 written permission authorizing the governing body of the

 incorporated city to forward those fingerprints to the Central

 Repository for Nevada Records of Criminal History for

 submission to the Federal Bureau of Investigation for its report.

    3.  The governing body of the incorporated city shall not issue

 a license pursuant to this section to an applicant who has been

 convicted of, or entered a plea of guilty or nolo contendere to, a

 felony involving moral turpitude or related to the qualifications,

 functions or duties of a secondhand dealer.

    4.  The governing body of the incorporated city may:

    (a) Establish and collect a fee for the issuance or renewal of a

 license;

    (b) Establish and collect a fee to cover the costs of the

 investigation of an applicant, including a fee to process the

 fingerprints of the applicant;

    (c) Place conditions, limitations or restrictions upon the

 license;

    (d) Establish any other requirements necessary to carry out the

 provisions of this section; or

    (e) Enact an ordinance which covers the same or similar

 subject matter included in the provisions of NRS 647.140 and

 which provides that any person who violates any provision of that

 ordinance shall be punished:

        (1) For the first offense, by a fine of not more than $500.

        (2) For the second offense, by a fine of not more than

 $1,000.

        (3) For the third offense, by a fine of not more than $2,000

and by revocation of the license of the secondhand dealer.

 

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