[Rev. 11/21/2013 12:59:42
PM--2013]
CHAPTER 647 - DEALERS IN JUNK AND
SECONDHAND MATERIALS; SCRAP METAL PROCESSORS
GENERAL PROVISIONS
NRS 647.010 Definitions.
NRS 647.011 “Advertise”
defined.
NRS 647.012 “Antique”
defined.
NRS 647.013 “Collectible”
defined.
NRS 647.015 “Junk”
defined.
NRS 647.016 “Junk
dealer” defined.
NRS 647.017 “Scrap
metal” defined.
NRS 647.0172 “Scrap
metal processor” defined.
NRS 647.018 “Secondhand
dealer” defined.
NRS 647.019 Licensing
as pawnbroker.
NRS 647.0191 Prohibition
against buying and selling motor vehicle to same person.
NRS 647.0192 Exemption
of charitable organizations from chapter.
NRS 647.0193 Local
regulation of certain advertising.
NRS 647.0195 Power
of cities and counties to license, tax and regulate not impaired.
DEALERS IN JUNK
NRS 647.020 Description
of purchases to be posted.
NRS 647.030 Information
concerning purchases must be recorded in book; prohibition on altering or destroying
information; book must be open to inspection by certain law enforcement
officers.
NRS 647.035 Burned
metallic wire: Information concerning person who delivered wire must be obtained;
period during which information must be retained.
NRS 647.040 Lost
or stolen personal property in possession of junk dealer: Duty to report;
inspections.
NRS 647.050 Purchase
of junk from certain persons prohibited.
NRS 647.060 Vendors’
statements: Contents and filing.
NRS 647.070 Applications
and permits for shipping junk and hides.
SCRAP METAL PROCESSORS
NRS 647.092 Prohibition
on purchase of scrap metal without business license and authorization from or
registration with solid waste management authority.
NRS 647.094 Record
of purchases; photographic or video documentation; inspection of scrap metal
and records.
NRS 647.0945 Electronic
reporting systems: Authority of local law enforcement agencies; reporting
requirements; definition.
NRS 647.0946 Immunity
from civil liability.
NRS 647.0947 Confidentiality
of records.
NRS 647.096 Peace
officer or investigator may place written hold on property possessed by scrap
metal processor; procedure for obtaining custody of property; limitations on
disposal of property; notice.
NRS 647.098 Limitations
and requirements relating to method of payment by scrap metal processor to
seller; receipt required.
DEALERS IN SECONDHAND MATERIALS
NRS 647.105 Applicability
of provisions to certain persons who buy or sell secondhand firearms or items
related to secondhand firearms.
NRS 647.110 Record
of transactions; inspection of record and goods.
NRS 647.120 Reports
of transactions and suspected stolen property to sheriff or chief of police.
NRS 647.130 Retention
of marked or otherwise individually identifiable property; exception for motor
vehicles.
NRS 647.132 Peace
officer or investigator may place written hold on property possessed by
secondhand dealer; procedure for obtaining custody of property; limitations on
disposal of property; notice.
UNLAWFUL ACTS; PENALTIES
NRS 647.135 Violations
by junk dealer.
NRS 647.140 Violations
by secondhand dealer or clerk, agent or employee of secondhand dealer.
NRS 647.143 Violations
by scrap metal processors.
NRS 647.145 Criminal
receipt of junk or scrap metal.
_________
GENERAL PROVISIONS
NRS 647.010 Definitions. 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; 2009, 1241)
NRS 647.011 “Advertise” defined. “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)
NRS 647.012 “Antique” defined. “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)
NRS 647.013 “Collectible” defined. “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)
NRS 647.015 “Junk” defined. “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, but
does not include scrap metal.
(Added to NRS by 1997, 2547; A 2009, 1241)
NRS 647.016 “Junk dealer” defined. “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)
NRS 647.017 “Scrap metal” defined.
1. “Scrap metal” means:
(a) Nonferrous metals, scrap iron, stainless
steel or other material or equipment which consists in whole or in part of
metal and which is used in construction, agricultural operations, electrical
power generation, transmission or distribution, cable, broadband or
telecommunications transmission, railroad equipment, oil well rigs or any
lights maintained by the State or a local government, including, without
limitation, street lights, traffic-control devices, park lights or ballpark
lights; and
(b) Catalytic converters.
2. The term does not include waste
generated by a household, aluminum beverage containers, used construction scrap
iron or materials consisting of a metal product in its original manufactured
form which contains not more than 20 percent by weight nonferrous metal.
(Added to NRS by 2009, 1239)
NRS 647.0172 “Scrap metal processor” defined. “Scrap
metal processor” means any person who:
1. Engages in the business of purchasing,
trading, bartering or otherwise receiving scrap metal; or
2. Uses machinery and equipment for
processing and manufacturing iron, steel or nonferrous scrap into prepared
grades, and whose principal product is scrap iron, scrap steel or nonferrous
metallic scrap, not including precious metals, for sale for remelting purposes.
(Added to NRS by 2009, 1239)
NRS 647.018 “Secondhand dealer” defined.
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 antiques, used books,
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; 2009, 767; 2011, 866)
NRS 647.019 Licensing as pawnbroker. 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)
NRS 647.0191 Prohibition against buying and selling motor vehicle to same
person.
1. A junk dealer or secondhand dealer may
not, as part of his or her 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)
NRS 647.0192 Exemption of charitable organizations from chapter. 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)
NRS 647.0193 Local regulation of certain advertising. 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)
NRS 647.0195 Power of cities and counties to license, tax and regulate not
impaired. The provisions of this
chapter do not impair the power of cities and counties 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 or scrap metal.
[Part 7:22:1921; NCL § 3727]—(NRS A 1971, 931; 1987, 1730; 1991, 788; 2009, 1241)—(Substituted
in revision for NRS 647.080)
DEALERS IN JUNK
NRS 647.020 Description of purchases to be posted. Every
junk dealer shall at all times keep conspicuously posted in his or her office
or place of business a description of and the amount of hides and junk
purchased by the junk dealer 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)
NRS 647.030 Information concerning purchases must be recorded in book;
prohibition on altering or destroying information; book must be open to
inspection by certain law enforcement officers.
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 or she 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 or her 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)
NRS 647.035 Burned metallic wire: Information concerning person who
delivered wire must be obtained; period during which information must be
retained.
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)
NRS 647.040 Lost or stolen personal property in possession of junk dealer:
Duty to report; inspections.
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 or her possession, the junk dealer shall immediately
notify the sheriff of the county or the chief of police of the city or town in
which the junk dealer does business, stating when and from whom the property
was received.
2. Any junk dealer who has in his or her
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 or her authorization to the junk dealer.
[4:22:1921; NCL § 3723]—(NRS A 1991, 495)
NRS 647.050 Purchase of junk from certain persons prohibited. 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]
NRS 647.060 Vendors’ statements: Contents and filing.
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 less
than 47,500, 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; 2011, 1300)
NRS 647.070 Applications and permits for shipping junk and hides. 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]
SCRAP METAL PROCESSORS
NRS 647.092 Prohibition on purchase of scrap metal without business license
and authorization from or registration with solid waste management authority. A person shall not purchase scrap metal unless
that person:
1. Possesses both a valid business license
issued by the State pursuant to chapter 76 of
NRS and a valid business license from the city or county, as applicable, in
which the person purchases scrap metal; and
2. Has obtained all required
authorizations to operate from, or is otherwise registered with, the solid
waste management authority for the area in which the person purchases scrap
metal.
(Added to NRS by 2009, 1239)
NRS 647.094 Record of purchases; photographic or video documentation;
inspection of scrap metal and records.
1. Every scrap metal processor shall
maintain in his or her place of business a book or other permanent record in
which must be made, at the time of each purchase of scrap metal, a record of
the purchase that contains:
(a) The date of the purchase.
(b) The name or other identification of the
person or employee conducting the transaction on behalf of the scrap metal
processor.
(c) A copy of the seller’s valid:
(1) Personal identification card issued by
this State or any other state or territory of the United States;
(2) Driver’s license issued by this State
or any other state or territory of the United States;
(3) United States military identification
card; or
(4) Any form of identification which may
serve as an acceptable form of identification pursuant to NRS 237.200.
(d) The name, street, house number and date of
birth listed on the identification provided pursuant to paragraph (c) and a
physical description of the seller, including the seller’s gender, height, eye
color and hair color.
(e) A photograph, video record or digital record
of the seller.
(f) The fingerprint of the right index finger of
the seller. If the seller’s right index finger is not available, the scrap
metal processor must obtain the fingerprint of one of the seller’s remaining
fingers and thumbs.
(g) The license number and general description of
the vehicle delivering the scrap metal that is being purchased.
(h) A description of the scrap metal that is
being purchased which is consistent with the standards published and commonly
applied in the scrap metal industry.
(i) The price paid by the scrap metal processor
for the scrap metal.
2. All records kept pursuant to subsection
1 must be legibly written in the English language, if applicable.
3. A scrap metal processor shall document
each purchase of scrap metal with a photograph or video recording which must be
retained on-site for not less than 60 days after the date of the purchase.
4. All scrap metal purchased by the scrap
metal processor and the records created in accordance with subsection 1,
including, but not limited to, any photographs or video recordings, must at all
times during ordinary hours of business be open to the inspection of a
prosecuting attorney or any peace officer.
(Added to NRS by 2009, 1239;
A 2013,
1539)
NRS 647.0945 Electronic reporting systems: Authority of local law enforcement
agencies; reporting requirements; definition.
1. A local law enforcement agency may
establish an electronic reporting system or utilize an existing electronic
reporting system to receive information relating to the purchase of scrap metal
by a scrap metal processor that transacts business within the jurisdiction of
the local law enforcement agency. An electronic reporting system established or
utilized pursuant to this subsection must:
(a) Be electronically secure and accessible only
to:
(1) A scrap metal processor for the
purpose of submitting the information required by subsection 2;
(2) An officer of the local law
enforcement agency; and
(3) If applicable, an authorized employee
of any designated third party.
(b) Provide for the electronic submission of
information by a scrap metal processor.
2. If a local law enforcement agency
establishes an electronic reporting system or utilizes an existing electronic
reporting system pursuant to subsection 1, each scrap metal processor that
transacts business within the jurisdiction of the local law enforcement agency
shall, before 12 p.m. of each business day, submit electronically to the local
law enforcement agency or, if applicable, a designated third party the
following information regarding each purchase of scrap metal conducted on the
preceding day from a person who sold the scrap metal in his or her individual
capacity:
(a) The name of the seller;
(b) The date of the purchase;
(c) The name of the person or employee who
conducted the transaction on behalf of the scrap metal processor;
(d) The name, street, house number and date of
birth listed on the identification provided pursuant to paragraph (c) of
subsection 1 of NRS 647.094 and a physical
description of the seller, including the seller’s gender, height, eye color and
hair color;
(e) The license number and general description of
any vehicle that delivered the scrap metal;
(f) The description of the scrap metal recorded
pursuant to paragraph (h) of subsection 1 of NRS
647.094; and
(g) The amount, in weight, of scrap metal
purchased.
3. If a scrap metal processor is required
to submit information to a local law enforcement agency or, if applicable, a
designated third party pursuant to subsection 2, the scrap metal processor
shall display prominently at the point of purchase a public notice, in a form
approved by the local law enforcement agency, describing the information that
the scrap metal processor is required to submit electronically to the local law
enforcement agency or, if applicable, the designated third party.
4. Nothing in this section shall be deemed
to limit or otherwise abrogate any duty of a scrap metal processor to maintain
a book or other permanent record of information pursuant to NRS 647.094.
5. If a local law enforcement agency
establishes an electronic reporting system or utilizes an existing electronic
reporting system to receive information pursuant to this section, the local law
enforcement agency shall, on or before January 15 of each odd-numbered year,
submit to the Director of the Legislative Counsel Bureau for transmittal to the
Legislature a report regarding the effect of the electronic reporting system on
the incidence of crime which relates to the sale or purchase of scrap metal
within the jurisdiction of the law enforcement agency.
6. The provisions of this section do not
apply to the purchase of scrap metal from a business entity.
7. The Division of Industrial Relations of
the Department of Business and Industry shall, in consultation with
representatives from local law enforcement agencies in this state and
representatives from the scrap metal industry, adopt regulations to ensure the
confidentiality of information which is reported and maintained pursuant to
this section, including, without limitation, regulations providing for:
(a) The confidentiality of consumer information;
(b) The confidentiality of proprietary
information;
(c) Equity of input into contractual terms;
(d) Contractual terms relating to disclaimers,
indemnification and the ownership of data by a designated third party;
(e) Oversight of a designated third party that
handles, maintains or has access to such information, including, without
limitation, the qualifications, equipment, procedures and background checks
required of a designated third party;
(f) The manner in which reported information may
be used, shared or disseminated; and
(g) The maintenance of reported information in
relationship to other data maintained by a law enforcement agency.
8. As used in this section, “designated
third party” means any person with whom a local law enforcement agency has
entered into a contract for the purpose of receiving and storing any
information required to be submitted electronically by a scrap metal processor
pursuant to subsection 2.
(Added to NRS by 2013, 1537)
NRS 647.0946 Immunity from civil liability. A
person is immune from any civil liability for any action taken in good faith
and without malicious intent in carrying out the provisions of NRS 647.094 or 647.0945.
(Added to NRS by 2013, 1539)
NRS 647.0947 Confidentiality of records.
1. Except as otherwise required pursuant
to NRS 647.0945, any information concerning the
purchase of scrap metal, as described in NRS 647.094
and 647.0945, must be kept confidential by the
person in whose possession such information is held.
2. A person who knowingly and willfully
violates subsection 1 is guilty of a gross misdemeanor.
(Added to NRS by 2013, 1539)
NRS 647.096 Peace officer or investigator may place written hold on property
possessed by scrap metal processor; procedure for obtaining custody of
property; limitations on disposal of property; notice.
1. A peace officer or investigator who is
involved in the investigation or prosecution of criminal activity may place a
written hold for not more than 7 business days on any property in the
possession of a scrap metal processor that is related or allegedly related to
the criminal activity. A hold pursuant to this section may be extended for an
additional period of not more than 7 business days by a peace officer or
investigator by providing written notice to the scrap metal processor.
2. While a hold is placed on property
pursuant to this section, the scrap metal processor 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 scrap metal
processor 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 scrap metal processor’s interest in the
property; and
(b) Provides a copy of the written authorization
to the scrap metal processor.
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 scrap metal
processor in writing when the investigation or prosecution has concluded or
when the hold is no longer necessary, whichever occurs sooner.
(Added to NRS by 2009, 1240)
NRS 647.098 Limitations and requirements relating to method of payment by
scrap metal processor to seller; receipt required.
1. For each purchase of scrap metal with a
value of $150 or more by a scrap metal processor, the scrap metal processor
must pay the seller only by check or electronic transfer of money. For payments
made by check to a seller who represents a business, the check must be made
payable to the business using the name of the business. A scrap metal processor
shall not conduct more than one cash transaction of less than $150 with the
same seller on the same day.
2. A scrap metal processor shall provide a
receipt to the seller on-site at the time of the purchase of scrap metal by the
scrap metal processor. The receipt must include, without limitation, the
following information:
(a) The date, time and place of the purchase;
(b) An identifying description and weight of the
scrap metal that is being purchased;
(c) The price paid by the scrap metal processor
for the scrap metal;
(d) A copy of the personal identification
provided pursuant to paragraph (c) of subsection 1 of NRS
647.094; and
(e) The license number of the vehicle delivering
the scrap metal that is being purchased.
(Added to NRS by 2009, 1241)
DEALERS IN SECONDHAND MATERIALS
NRS 647.105 Applicability of provisions to certain persons who buy or sell
secondhand firearms or items related to secondhand firearms. 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)
NRS 647.110 Record of transactions; inspection of record and goods.
1. Every secondhand dealer doing business
in any incorporated city or unincorporated town in this State shall maintain in
his or her 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)
NRS 647.120 Reports of transactions and suspected stolen property to sheriff
or chief of police.
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 or her full name and
write his or her signature on the transcript. Each transcript must include a
certificate, signed by the person selling the property to the secondhand
dealer, stating that the person 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 or her 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 the secondhand dealer 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)
NRS 647.130 Retention of marked or otherwise individually identifiable
property; exception for motor vehicles.
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 or her 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 700,000 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 700,000.
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; 2011, 1301)
NRS 647.132 Peace officer or investigator may place written hold on property
possessed by secondhand dealer; procedure for obtaining custody of property;
limitations on disposal of property; notice.
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
NRS 647.135 Violations by junk dealer. 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)
NRS 647.140 Violations by secondhand dealer or clerk, agent or employee of
secondhand dealer. A secondhand
dealer and a clerk, agent or employee of a secondhand dealer is guilty of a
misdemeanor if he or she:
1. Fails to make an entry of any material
matter in a book or record kept as provided for in NRS
647.110.
2. Makes a false entry in the book or
record.
3. Obliterates, destroys or removes from
his or her 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
or her 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 or she
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 or she received the property.
7. Removes specifically marked or
otherwise individually identifiable property received or allows it to be
removed from his or her 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 or her 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)
NRS 647.143 Violations by scrap metal processors. Unless
a greater penalty is provided pursuant to specific statute, a person who
violates any provision of NRS 647.094, 647.096 or 647.098 is
guilty of a misdemeanor.
(Added to NRS by 2009, 1241)
NRS 647.145 Criminal receipt of junk or scrap metal.
1. Any person, including, but not limited
to, any junk dealer, scrap metal processor or secondhand dealer, or any agent,
employee or representative of a junk dealer, scrap metal processor or
secondhand dealer, who buys or receives any junk or scrap metal which he or she
knows or should reasonably know is ordinarily used by and belongs to a cable,
broadband, telecommunications, 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 or scrap
metal has a legal right to do so, is guilty of criminally receiving such
property.
2. A person convicted of criminally
receiving junk or scrap metal 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; 2009, 1241)
