AB1993 (2018)

[acespawnshop]

Nothing for nothing, but starting 1-1-19 you will no longer need to hold firearm purchases for 30 days. You can thank us pawnbrokers for getting AB 1993 passed and signed. Its changing the holding period for buys from 30 days to 7. And from 7 days to 5 if the seller provides the following.



SEC. 2.

Section 21636.1 is added to the Business and Professions Code, to read:



21636.1.

(a) Every secondhand dealer and coin dealer shall retain in his or her possession for a period of seven days all tangible personal property, as defined in Section 21627, reported pursuant to Sections 21628 and 21630. The seven-day holding period with respect to tangible personal property shall commence with the date the report of its acquisition was made to CAPSS.

(b) During the seven-day holding period specified in subdivision (a), every secondhand dealer and coin dealer shall produce any tangible personal property reported pursuant to Sections 21628 and 21630 for inspection by any peace officer or employee designated by the local licensing authority or the Department of Justice.

(c) Tangible personal property subject to inspection as specified in subdivision (b) and all tangible personal property held in pawn that is stored off the business premises of the licensee shall, upon request for inspection, be produced at the licensee’s business premises within one business day of a request by the local licensing authority or the Department of Justice.

(d) (1) If 5 days have elapsed since the transmission of the report of acquisition pursuant to Section 21628 or 21630, the remainder of the seven-day hold specified in subdivision (a) shall not apply to any tangible personal property sold by the secondhand dealer or coin dealer when the following are present:

(A) The secondhand dealer or coin dealer has recorded the sale in its book of records.

(B) The record of sale includes:

(i) The name of buyer to whom the tangible personal property was sold.

(ii) The buyer’s address.

(iii) At least one of the following:

(I) The buyer’s telephone number.

(II) The buyer’s email address.

(III) The buyer’s electronic address for receiving text messages.

(2) In documenting the record of sale as set forth in paragraph (1), the secondhand dealer or coin dealer shall record the information provided by the buyer and shall not have any duty to verify the accuracy of the information provided by the buyer.

(3) The information collected pursuant to this subdivision shall be retained by the secondhand dealer or coin dealer for 21 days following the date of sale of the property by the secondhand dealer or coin dealer and shall be available for inspection by a local law enforcement agency during this period.

(4) If a sale of property is made pursuant to this subdivision, and within 21 days of the sale a local law enforcement agency notifies the secondhand dealer or coin dealer that the property has been reported stolen, the record of the sale and all information contained therein shall be provided to that local law enforcement agency by the secondhand dealer or coin dealer upon written request by that agency.

[shootsocal_dave]

This is good news! Not like they ever came in the 30 days to tell us it was stolen anyways. They always come year later when I actually sell the item! lol

[acespawnshop]

Yea, CAPSS has its upsides and downsides. I had a detective call once on a pressure washer. He was from San Diego and called because the same make and model was reported stolen in San Diego. I was nice enough to the guy but was like "have you ever thought that Ryobi made more than one of these?" I doubt that some thief in San Diego made a 2.5 hour drive north to pawn this thing for $40.

I am glad that they're doing away with the 30 day hold. It was pretty pointless anyhow. Even when we submitted the JUS123 to our local PD we hardly ever had anybody call us about stuff. Maybe in a local jurisdiction where there is a population of 10,000 in some rural county or something the police have time to search through JUS123s and look for stolen property but in Los Angeles county they couldn't care less. I even had somebody tell me at the PD when we were first licensed that they don't have anybody at the PD who looks at these, they just don't have the staff to handle it. I would imagine that shootings and drug deals take precedence over a stolen laptop.

Once I had a Sheriffs department in a different county mail me 2 JUS123 copies and said that we needed to submit these to our local PD. They were from 3 years prior! I called the local office and explained to that department that obviously West Covina PD sent them copies of the JUS123 since the seller/borrower was from their area, and also proceeded to tell them that the forms they felt necessary to send back to me were from 3 years ago, and whatever or whoever was looking at these things were just wasting their time.

[acespawnshop]

What is nice is this

(d) (1) If 5 days have elapsed since the transmission of the report of acquisition pursuant to Section 21628 or 21630, the remainder of the seven-day hold specified in subdivision (a) shall not apply to any tangible personal property sold by the secondhand dealer or coin dealer when the following are present:

(A) The secondhand dealer or coin dealer has recorded the sale in its book of records.

(B) The record of sale includes:

(i) The name of buyer to whom the tangible personal property was sold.

(ii) The buyer’s address.

(iii) At least one of the following:

(I) The buyer’s telephone number.

(II) The buyer’s email address.

(III) The buyer’s electronic address for receiving text messages.


So, since you would get the necessary information on the DROS application for the buyer to change the holding period from 7 days to 5 you can in theory put a firearm you acquired out for sale immediately, since if you do sell it you will be holding it for 10 days anyhow and you would be getting the minimum required buyer information from the DROS. So put those 2nd hand firearms in the showcase that day when you buy them. Your money will be tied up a lot less now.

[medicdubs96]

As a new secondhand dealer and currently sitting on a gun I want to get listed to get my money "back" I thank you and the others who put out the work.

[LambertPawn]

Aces,

Unfortunately us pawnbrokers and secondhand dealers that deal in firearms still have to hold firearm purchases for 30 days. This new law only applies to secondhand property that is uploaded to CAPSS (which firearms are not). My understanding is the associations lobbyist said getting this passed with firearms included would have been nearly impossible. Still a big win for pawnbrokers. See part of the laws text below that wasn't included in your post.

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.

[acespawnshop]

We still upload all firearms to CAPSS though. All our submissions are done in bulk upload form at the end of the day and pawn master doesn’t exclude firearm buys or pawns. So wouldn’t that suffice from what the bill that was passed says. I guess if you excluded the firearms from CAPSS I would see how AB1993 doesn’t apply.

I was gonna see what CAPA had to say about this. Either way if it’s not the case the 30 days down to 7 would still be nice for all the other junk. Tired of holding a bag of DVDs for 30 days.

[LambertPawn]

Not sure if the redundant upload to CAPSS matters but I was told by my local agency that they didn't want to see firearms in CAPSS as they are already in the FDAS. Maybe each LEA is different. Bravo specifically excludes them from our upload. Here is the text from the uploading requirements.

21628.
(a) Every secondhand dealer or coin dealer described in Section 21626 shall report daily, or no later than the next business day excluding weekends and holidays after receipt or purchase of secondhand tangible personal property, to CAPSS, all secondhand tangible personal property, except for firearms, which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, in accordance with the provisions of Section 21630 and subdivision (d). The report shall be legible, prepared in English, completed where applicable, and include only the following information:

[acespawnshop]

Interesting.

[Librarian]

http://leginfo.legislature.ca.gov/fa...01720180AB1993

Added "2018" to title, since every 2-year session restarts bill numbers with "1".