AB 1993: Secondhand goods: tangible personal property: dealers.

Existing law requires every secondhand dealer and coin dealer to report the receipt or purchase of secondhand tangible personal property, except firearms, to the statewide uniform electronic reporting system known as the California Pawn and Secondhand Dealer System (CAPSS) that receives secondhand dealer reports and is operated by the Department of Justice. Existing law requires secondhand dealers to electronically report the receipt or purchase of each firearm, as specified, to the Department of Justice in a format prescribed by the department. Existing law also applies these reporting requirements to pawnbrokers. Existing law requires every secondhand dealer and every coin dealer to retain in his or her possession for a period of 30 days all tangible personal property reported in accordance with specified provisions. Existing law requires the 30-day holding period to commence the date the report of its acquisition was made to the chief of police or the sheriff and authorizes the chief of police or the sheriff or the Department of Justice to authorize prior disposition of any property, as described. Existing law requires every secondhand dealer and coin dealer, during the 30-day holding period, to produce reported tangible personal property for inspection by any peace officer or employee designated by the chief of police or sheriff or the Department of Justice.

This bill would apply the 30-day holding period for tangible personal property exclusively to firearms. The bill would eliminate references to the chief of police or the sheriff and instead would require every secondhand dealer and coin dealer to retain in his or her possession for a period of 30 days all firearms reported electronically to the Department of Justice. The bill would require the 30-day holding period to commence the date the report of its acquisition was made electronically to the Department of Justice.

This bill would require every secondhand dealer and coin dealer to retain in his or her possession for a period of 7 days all tangible personal property reported electronically to CAPSS. The bill would require the 7-day holding period for tangible personal property to commence the date the report of its acquisition was made to CAPSS. The bill, if 5 days have elapsed since transmission of the report to CAPSS, would not apply the remainder of the 7-day holding period to tangible personal property sold by the secondhand dealer or coin dealer if the secondhand dealer or coin dealer has made a record of the sale that includes the buyers name and contact information, as specified. The bill would also require a secondhand dealer or coin dealer to retain the information collected under these provisions for a period of 21 days and to make the information available to, or to provide the information to, a local law enforcement agency, as specified.