2019 Delaware Code
Title 24 - Professions and Occupations
Chapter 23. Pawnbrokers, Secondhand Dealers and Scrap Metal Processors
Subchapter I General Provisions
§ 2302 Reporting requirements.
(a) Every pawnbroker and secondhand dealer shall create a record and provide information regarding merchandise acquired via an electronic format to be determined by the Secretary of Safety and Homeland Security.
(1) Such record shall include, at a minimum, the following information:
a. The date and time of purchase;
b. The make, model, identifying markings, color, size, any listed serial number, International Mobile Station Equipment Identity (IMEI), the Mobile Equipment Identifier (MEID), any unique identifying number assigned by the manufacturer, or any other identifiable characteristics of the purchased item or items;
c. If payment is based on weight for precious metal, the weight of the type of the metal shall be listed as well as any precious stone(s) which is a part of the item;
d. The amount or other consideration paid for the merchandise;
e. The name and address of the individual from whom the merchandise is acquired;
f. The signature of the individual from whom the merchandise is acquired;
g. For each individual from whom the pawn broker or secondhand dealer acquires scrap metal:
1. The date of birth and driver’s license; or,
2. Identification information about the individual from a valid state-issued photo identification card that provides a physical description of the individual, including the sex, race, distinguishing features, and approximate age, height and weight of the individual.
(2) Pawnbrokers and secondhand dealers shall collect a photograph of the seller and all information pertaining to the seller, required on the electronic form, for every transaction regardless of value.
(3) Automated kiosks shall collect a right thumbprint image of the seller and all information pertaining to the seller including photograph and valid government issued identification, required on the electronic form, for every transaction regardless of value.
(b) (1) Every scrap metal processor shall create a record and provide information regarding scrap metal acquired via an electronic format to be determined by the Secretary of Safety and Homeland Security with respect to the following articles purchased or otherwise acquired:
a. Copper;
b. Silver;
c. Gold;
d. Brass;
e. Platinum;
f. Bronze;
g. Automobiles or automobile parts displaying a vehicle identification number (VIN); or
h. Lead-acid batteries.
(2) Such record shall include, at a minimum, the following information:
a. The date and time of purchase;
b. The type and grade of scrap metal;
c. If payment is based on weight, the weight of each type and grade of scrap metal;
d. The amount or other consideration for the scrap metal;
e. The registration plate number, make and model of the vehicle used in the delivery of scrap metal;
f. The name and address of the individual from whom the scrap metal is acquired;
g. The signature of:
1. The individual from whom the scrap metal is acquired; and,
2. The scrap metal processor; and
h. For each individual from whom the scrap metal processor acquires scrap metal:
1. The date of birth and driver’s license; or,
2. Identification information about the individual from a valid state-issued photo identification card that provides a physical description of the individual, including the sex, race, distinguishing features, and approximate age, height and weight of the individual.
(3) Scrap metal processors will collect a photograph of the seller and all information pertaining to the seller, required on the electronic form, for every transaction regardless of value.
(c) The forms required by subsections (a) and (b) of this section shall be completed immediately after any articles or goods have been purchased or acquired and shall be submitted electronically by the close of business the next business day, in a format to be determined by the Secretary of the Department of Safety and Homeland Security, to the law-enforcement agency having primary jurisdiction over the area in which the business is located. If the article or good’s serial number, IMEI, MEID, or other unique identifying number is not available at the time of purchase or receipt from an automated kiosk, the report filed pursuant to this section must be updated with the serial number, IMEI, MEID, or other unique identifying number as soon as possible. The holding requirements in § 2304(a)(1) of this title do not begin until all required reports are complete and submitted to the appropriate law-enforcement agency. Forms submitted under this section shall be kept confidential and are not public records.
(d) Pawnbrokers, secondhand dealers and scrap metal processors shall record the name of the person making the record entry and shall make that information available to police.
(e) The information provided on the forms under this section shall be stored and maintained by the pawnbroker, secondhand dealer or scrap metal processor for a period of 1 year and shall be provided to police immediately upon request.
(f) The Secretary of the Department of Safety and Homeland Security may promulgate rules and regulations that allow for the completion and filing of electronic forms and information.
(g) (1) Articles purchased or otherwise acquired by a scrap metal processor shall be recorded via an electronic image, in either still or video format, and a copy of said image(s) is to be supplied at the specific request of a law-enforcement agency, within 24 hours of said request.
(2) The images referenced in paragraph (g)(1) of this section above will be kept on file by the scrap metal processor for a minimum of 30 days after the image was recorded.
24 Del. Laws, c. 162, § 5; Code 1915, § 1200; 28 Del. Laws, c. 81, § 1; Code 1935, § 1386; 47 Del. Laws, c. 263, § 1; 24 Del. C. 1953, § 2313; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 284, § 1; 76 Del. Laws, c. 349, §§ 1, 2; 77 Del. Laws, c. 185, § 3; 77 Del. Laws, c. 338, § 1; 78 Del. Laws, c. 173, § 1; 78 Del. Laws, c. 184, § 7; 79 Del. Laws, c. 156, §§ 1, 2; 79 Del. Laws, c. 299, § 1; 80 Del. Laws, c. 395, § 1.
