"The law goes further to require secondhand dealers to turn over a valuable business asset, namely, their business’ proprietary client information. For every transaction a secondhand dealer must obtain the seller’s personal information such as their name, address, driver’s license number and the license plate number of the vehicle in which the goods were delivered. They must also make a detailed description of the item(s) purchased and submit this with the personal identification information of every transaction to the local policing authorities through electronic daily reports. If a seller cannot or refuses to produce to the secondhand dealer any of the required forms of identification, the secondhand dealer is prohibited from completing the transaction.

This legislation amounts to a public taking of private property without due process or compensation. Regardless of whether or not the transaction information is connected with, or law enforcement is investigating a crime, individuals and businesses are forced to report routine business activity to the police. Can law enforcement not accomplish its goal of identifying potential thieves and locating stolen items in a far less intrusive manner? And of course, there are already laws that prohibit stealing, buying or selling stolen goods, laws that require businesses to account for transactions and laws that penalize individuals and businesses that transact in stolen property. Why does the Louisiana State Legislature need to enact more laws infringing on personal privacy, liberties and freedom?

Motivating the introduction of this legislation was an increase in criminal activity, necessitating law enforcement to develop additional tools in tracking potential criminals. Thefts of copper and other precious metals have risen recently with higher commodity prices and mounting pressures from the economic downturn. The added restrictions under this recent legislation have come about under the pretense of cracking down on crime and helping the government take care of you, all at the cost of your individual privacy, economic, civil liberty and freedom.

Interestingly enough, although Pawnshops are still required to obtain clients personal information and transmit their client database information to law enforcement, they are exempt from the restriction of cash payments. A jeweler next door to a pawnshop cannot offer clients the same payment method offered by its competing pawnshop neighbor.

Act 389 passed by unanimous consent of the Louisiana House of Representatives and only mustered one nay vote (Senator Neil Riser) from the State Senate. The governor signed the legislation into law on July 1, 2011."

Notable items in the bill:

• If you sell more than one item per month, then you are considered a "second hand dealer."
  
• "CB Radios", "diamonds" and "cassettes" are specifically mentioned in the bill as an example of items to be regulated.
  
• "Junk" is defined as stuff commonly known as "junk"
  
• The legislation seeks to regulate the sale of car parts, but at the same time exempts people who are "engaged in the business of buying, selling, trading in, or otherwise acquiring or disposing of motor vehicles and used parts of motor vehicles, and shall not apply to wreckers or dismantlers of motor vehicles."
  
• This bill also forbids people to buy stolen property (glad the LA legislature clarified that)
  
• Nobody under 17 is allowed to buy or sell anything.
  
• Coin collectors, tire dealers, and "cash for gold" places are exempt.
  
• Penalties include up to a $100 fine and three months in jail.
  
• "Second hand dealers" (people who sell more than one thing per month) who are not properly "licensed" and do not comply with the necessary recordkeeping can get a $250 fine and/or 60 days in jail!
  
• Second offense gets you $2000 fine and 2 years of "hard time" in jail. Third offense: $10,000 and five years hard time.