2010 Tennessee Code
Title 45 - Banks And Financial Institutions
Chapter 6 - Pawnbrokers
Part 2 - Pawnbrokers Act of 1988
45-6-209 - Record of transactions required Inspection Fingerprinting.
45-6-209. Record of transactions required Inspection Fingerprinting.
(a) Every pawnbroker shall keep a consecutively numbered record of each and every pawn transaction, which shall correspond in all essential particulars to the detachable pawn ticket attached. The consecutive numbering process for pawnbroker transactions dealing with over-the-counter purchases, described in § 45-6-204(a)(7) shall be numbered and identified independently from a buy-sell agreement and/or a loan of money transaction.
(b) The pawnbroker shall, at the time of making the pawn transaction and/or buy-sell transaction, enter upon the pawnshop copy of the records as well as on the pawn ticket, and/or buy-sell ticket, the following information, which shall be typed or written in ink and in the English language:
(1) A complete and accurate description of the pledged goods including, but not limited to, the following information, if applicable:
(A) Brand name;
(B) Model number;
(C) Serial number, if issued by the manufacturer and not intentionally defaced, altered or removed;
(E) Color, as apparent to the untrained eye, not applicable to diamonds;
(F) Precious metal type, content and weight, if indicated;
(G) Gemstone description, including the number of stones;
(H) Any other unique identifying marks, numbers, names or letters; and
(I) In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel length, and finish;
(2) The date of the pawn transaction;
(3) The amount of cash loan advanced on the pawn transaction;
(4) The exact value of property as stated by pledgor who pledges the property;
(5) The maturity date of the pawn transaction, which date shall not be less than thirty (30) days after the date of the pawn transaction;
(6) The name, race, sex, height, weight, date of birth, residence address and numbers from the items used as identification. Acceptable items of identification are one (1) of the following documents:
(A) A state-issued driver license;
(B) A state-issued identification card;
(C) A passport;
(D) A valid military identification;
(E) A nonresident alien border crossing card;
(F) A resident alien border crossing card; or
(G) A United States immigration and naturalization service identification; and
(7) As a pilot project, in any county having a population in excess of eight hundred thousand (800,000), and in any county having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census, the right thumbprint of the pledgor, provided that if taking the right thumbprint is not possible the pawnbroker shall take a fingerprint from the left thumb or another finger and shall identify on the pawn ticket which finger has been used. A thumb or fingerprint taken pursuant to this subdivision (b)(7) must be clear and complete and contain no smears or smudges. A thumb or fingerprint taken pursuant to this subdivision (b)(7) shall be maintained by the pawnbroker for a period of five (5) years from the date of the pawn transaction.
(c) The pledgor shall sign the stub providing the pledgor's residence address and shall receive the detached pawn ticket; the stub shall also be signed by the pawnbroker.
(d) These records shall be delivered to the appropriate law enforcement agency, by mail or in person, within forty-eight (48) hours following the day of the transactions. Delivery by mail shall be deemed made when deposited in the United States mail, postage prepaid. Further, these records shall be made available for inspection each business day, except Sunday, by the sheriff of the county and the chief of police of the municipality in which the pawnshop is located.
(e) These records shall be a correct copy of the entries made of the pawn transactions and/or buy-sell transactions and shall be carefully preserved without alteration and shall be available during regular business hours for inspection by the appropriate law enforcement officers as herein provided.
(f) In any county having a population of more than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, each licensed pawnbroker shall retain these records for a period of one (1) year. After that time these records shall be delivered to the appropriate law enforcement agency in the county.
(g) (1) Notwithstanding the provisions of this section to the contrary, in counties or municipalities that require a thumbprint pursuant to subdivision (b)(7), if the pawn transaction involves a firearm, the pawnbroker shall exclude from the information sent to law enforcement pursuant to subdivision (b)(1)-(6), the name, address and identification numbers required by subdivision (b)(6) of the pledgor pawning the firearm. The name, address and identification numbers of the pledgor shall remain with the pawnbroker along with the pledgor's thumbprint. A law enforcement officer inspecting a record involving a firearm pursuant to subdivision (d) or (e) shall not take or record the name, address and identification numbers of the pledgor except pursuant to a subpoena as provided in subdivision (g)(2).
(2) If a court grants the request of a law enforcement officer for a subpoena to require the production of the thumbprint of a pledgor taken and maintained pursuant to subdivision (b)(7) pursuant to the procedure set out in this section, the pawnbroker shall at the same time supply the law enforcement officer with the name, address and identification numbers of the pledgor whose thumbprint was subpoenaed.
(h) (1) It is an offense for a law enforcement officer or agency to use any information supplied by a pawnbroker pursuant to this section to create or maintain a separate registry, list or database of persons who own firearms.
(2) A violation of subdivision (h)(1) is a Class A misdemeanor.
[Acts 1988, ch. 724, § 9; 1994, ch. 935, § 3; 1995, ch. 186, §§ 5, 6; 1997, ch. 409, § 3; 2001, ch. 429, §§ 1, 3; 2004, ch. 499, § 1; 2005, ch. 126, § 1.]
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