Apostolic Friends Forum

Apostolic Friends Forum (https://www.apostolicfriendsforum.com/index.php)
-   Fellowship Hall (https://www.apostolicfriendsforum.com/forumdisplay.php?f=7)
-   -   Louisiana Prohibits Cash For 2nd Hand Goods. (https://www.apostolicfriendsforum.com/showthread.php?t=37182)

Digging4Truth 10-18-2011 06:29 AM

Louisiana Prohibits Cash For 2nd Hand Goods.
 
Louisiana prohibits residents from using cash when buying, selling secondhand goods

If you buy or sell secondhand goods and live in the state of Louisiana, you can no longer use legal tender to complete such transactions. Ackel & Associates LLC (A&A), a professional law firm, explains that House Bill 195 of the 2011 Regular Session (Act 389), which was recently passed by the state legislature and signed into law by Gov. Bobby Jindal, prohibits anyone who "buys, sells, trades or otherwise acquires or disposes of junk or used or secondhand property [from entering] into any cash transactions in payment for the purchase of [such items]."

Besides prohibiting the use of cash, the law also requires such "dealers" to collect personal information like name, address, driver's license number, and license plate number from every single customer, and submit it to authorities. And the only acceptable form of payment in such situations is a personal check, money order, or electronic transfer, all of which must be carefully documented.

The stated purpose of the law, which excludes non-profits and pawn shops, is to curb criminal activity involving the reselling of stolen goods, particularly metals such as copper, silver, and gold. But according to A&A, existing Louisiana state law already requires businesses and other resellers of secondhand goods to account for transactions, and has specific laws already on the books that address the selling of stolen goods.

The new law is so broad and all-encompassing that individuals who buy and sell on sites like eBay or Craigslist using cash will also be in violation of it. Even a stay-at-home-mom who holds a garage sale with her neighbors more than once a month could be required to refuse cash from customers, as well as keep a detailed record of every single purchase made, and who made it.

"Can law enforcement not accomplish its goal of identifying potential thieves and locating stolen items in a far less intrusive manner?" asks A&A. "Why does the Louisiana State Legislature need to enact more laws infringing on personal privacy, liberties and freedom?"

There really is no legitimate reason for banning cash payments, especially in light of the required collection of detailed and excessive personal information. The measure is simply just another excuse for the government to spy on individuals, and take away their economic and civil liberties.

RandyWayne 10-18-2011 07:16 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Uhhhh, this has "check out on snopes.com" written all over it.

canam 10-18-2011 07:33 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Its true but a dumb law, impossible to enforce since half the fisherman down there work under the table along wqith others(which is why they couldnt get anything from the oil company during the spill cause they couldnt prove they made anything)

Steve Epley 10-18-2011 07:36 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Stupid law I am shocked the govenor signed it I thought he was a conservative?

deltaguitar 10-18-2011 08:32 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
The problem is there is a whole underground economy of people who do get by on the scrap metal business. I took the copper from an old A/C and sold it and there were guys pulling up with $1000 of dollars worth of metal. I asked the guy who owned the scrap yard and he said some of those guys will make 75K - 100K a year and it is all tax free. Plus they will collect disability or some other government check.

RandyWayne 10-18-2011 08:55 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Other than NaturalNews, I can't find this story anywhere else.

Esther 10-18-2011 09:03 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Stupid law!

Ferd 10-18-2011 10:13 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
I found the acutal bill

http://e-lobbyist.com/gaits/text/343620

RandyWayne 10-18-2011 10:18 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Quote:

Originally Posted by Ferd (Post 1106635)
I found the acutal bill

http://e-lobbyist.com/gaits/text/343620

It appears the law does not say you cannot use money to buy/sell second hand stuff. it appears to be an update of an existing law. It looks like it simply reqiures the collection of information from the sellers of second hand things and makes people who buy the stuff "dealers"

Pawn shops are exempted but there are other laws that deal with Pawn shops. it looks more like maybe this is to catch everyone else dealing in junk up with pawn shops etc.

I really do dislike it when internet idiots just say really stupid things .


good grief. you cannot use money to buy stuff????? ignorant.

Ya, this whole thing didn't pass the smell test.

deltaguitar 10-18-2011 10:21 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Quote:

Originally Posted by Ferd (Post 1106635)

If something is to good or bad to be true it usually is.

Digging4Truth 10-18-2011 10:21 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Quote:

Originally Posted by Ferd (Post 1106635)
I found the acutal bill

http://e-lobbyist.com/gaits/text/343620

It appears the law does not say you cannot use money to buy/sell second hand stuff. it appears to be an update of an existing law. It looks like it simply reqiures the collection of information from the sellers of second hand things and makes people who buy the stuff "dealers"

Pawn shops are exempted but there are other laws that deal with Pawn shops. it looks more like maybe this is to catch everyone else dealing in junk up with pawn shops etc.

I really do dislike it when internet idiots just say really stupid things .

good grief. you cannot use money to buy stuff????? ignorant.

It's still a stupid law. I had found the actual bill too and wasn't finding some of the quotes that have to do with cash and was attempting to find out where these quotes came from.

But it still remains that a person even having a garage sale once a month must gather name, address, drivers license number & license number...

It still remains that the definition of dealer is so broad that it could include anyone who sells on ebay or craigslist forcing them to gather and report all of this information to the government because they sold a cord of firewood or a scooter that's been sitting out back for the last 5 years.

There has been much added and much stricken from the initial bill and I am trying to get an answer as to where the quotes they provided from the bill came from.

As I have stated before... we are only the land of the free for as long as we are the home of the brave. This bill is still an invasion of liberty and privacy that should not be tolerated in this country.

It has often been said... cash is privacy. Well... that is no more the case in Louisiana.

I have emailed the law firm that stated the following quote as being part of the bill...
The law then states that “A secondhand dealer shall not enter into any cash transactions in payment for the purchase of junk or used or secondhand property. Payment shall be made in the form of check, electronic transfers, or money order issued to the seller of the junk or used or secondhand property…”
I cannot find this in any of the online copies of the bill that I have perused. I will let you know what I hear from them.

Ferd 10-18-2011 10:29 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Quote:

Originally Posted by Digging4Truth (Post 1106639)
It's still a stupid law. I had found the actual bill too and wasn't finding some of the quotes that have to do with cash and was attempting to find out where these quotes came from.

But it still remains that a person even having a garage sale once a month must gather name, address, drivers license number & license number...

It still remains that the definition of dealer is so broad that it could include anyone who sells on ebay or craigslist forcing them to gather and report all of this information to the government because they sold a cord of firewood or a scooter that's been sitting out back for the last 5 years.

There has been much added and much stricken from the initial bill and I am trying to get an answer as to where the quotes they provided from the bill came from.

As I have stated before... we are only the land of the free for as long as we are the home of the brave. This bill is still an invasion of liberty and privacy that should not be tolerated in this country.

It has often been said... cash is privacy. Well... that is no more the case in Louisiana.

You have this backwards. It is the PURCHASE that must be recorded by a DEALER.

If you have a garage sale at your house every week, you dont have to collect names of everyone who buys from you.

you only have to collect this information if you are BUYING JUNK.

If you sell stuff on Ebay, there is no impact on the sell transaction.

Digging4Truth 10-18-2011 10:29 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Quote:

Originally Posted by Ferd (Post 1106644)
You have this backwards. It is the PURCHASE that must be recorded by a DEALER.

If you have a garage sale at your house every week, you dont have to collect names of everyone who buys from you.

you only have to collect this information if you are BUYING JUNK.

If you sell stuff on Ebay, there is no impact on the sell transaction.

Read the definition of a dealer.

They can call it a international conglomerate if they want to. But the real point is who they define it.

It's the broadness of the definition. And it is doubtful that they would mess with ebayers & craigslist people at first. But if the breadth of the definition allows it.... they will... eventually.

And... it's buying junk, used or secondhand property. Not just junk. As a matter of fact I believe that Junk was added later on in the process.

Ferd 10-18-2011 10:34 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Quote:

Originally Posted by Digging4Truth (Post 1106645)
Read the definition of a dealer.

They can call it a international conglomerate if they want to. But the real point is who they define it.

It's the broadness of the definition. And it is doubtful that they would mess with ebayers & craigslist people at first. But if the breadth of the definition allows it.... they will... eventually.



Again, the only people who have to collect information are dealers who are BUYING. and they must pay with a check or money order.

The bill clearly defines this.

If you walk into a junk shop and buy something, you will not have to fork over any information and you can pay in cash.

If however, you walk into a junk shop with a coil of copper, you will have to prove you have leagal ownership of the copper before you can sell it and you will have to give identification.

this is clearly defined in the law.

Ferd 10-18-2011 10:37 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
See page 4 from my linked copy of the bill. lines 19 and 20


(c) The name and address of the person or persons from whom the material
was purchased,

Digging4Truth 10-18-2011 10:48 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
On the issue of cash usage... per your link.

Quote:

§1864.3. Payment by check or money order required
11 Asecondhand dealer shall not enter into any cash transactions in payment for
12 the purchase of junk or used or secondhand property. Payment shall be made in the
13 form of check, electronic transfers, or money order issued to the seller of the junk or
14 used or secondhand property andmade payable to the name and address of the seller.
15 All payments made by check, electronic transfers, or money order shall be reported
16 separately in the daily reports required by R.S. 37:1866.
So... no cash.

You will now state... but that only pertains to dealers. First... so what? Cash is legal tender for public and private transactions. Who is to tell is when we can or cannot use cash.... but on to the dealer part. Again... per your link...

Quote:

Anyone, other than a nonprofit entity,who buys, sells, trades
16 in, or otherwise acquires or disposes of junk or used or secondhand property more
17 frequently than once per month from any other person, other than a nonprofit entity,
18 shall be deemed as being engaged in the business of a secondhand dealer.
If you buy, sell or trade second hand stuff more than once a month. YOU are a dealer.

Digging4Truth 10-18-2011 10:54 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Quote:

Originally Posted by Ferd (Post 1106649)
See page 4 from my linked copy of the bill. lines 19 and 20


(c) The name and address of the person or persons from whom the material
was purchased,

Lord have mercy. You're working me to death here because you're just willy nilly picking out phrases.

I'll do more reading of your link later and provide you with information from your link later. I can't spend any more of my work time researching this.

But... even at this point. If you meet the definition of dealer... then you have to provide this information to the government on a private transaction.

I guess that doesn't strike you as beyond the pale.

I guess that's just good government.


That being the case... there's really nothing I can say that would affect your position anyway.

Ferd 10-18-2011 11:15 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Quote:

Originally Posted by Digging4Truth (Post 1106655)
Lord have mercy. You're working me to death here because you're just willy nilly picking out phrases.

I'll do more reading of your link later and provide you with information from your link later. I can't spend any more of my work time researching this.

But... even at this point. If you meet the definition of dealer... then you have to provide this information to the government on a private transaction.

I guess that doesn't strike you as beyond the pale.

I guess that's just good government.


That being the case... there's really nothing I can say that would affect your position anyway.


You only have to collect information when you buys stuff. Not when you sell stuff. you can accpet cash when you sell stuff. you must use other than cash when you buy stuff. I read it several times.

bottom line, dealers who are buying second hand stuff, must pay with check or some other electronic form and collect information on those they buy from.

Digging4Truth 10-18-2011 11:47 AM

Re: Louisiana Prohibits Cash For 2nd Hand Goods.
 
Quote:

Originally Posted by Ferd (Post 1106661)
You only have to collect information when you buys stuff. Not when you sell stuff. you can accpet cash when you sell stuff. you must use other than cash when you buy stuff. I read it several times.

bottom line, dealers who are buying second hand stuff, must pay with check or some other electronic form and collect information on those they buy from.

And I'm not comfortable with that. Recently I was going to buy a dog from the local pound. It was the breed I was looking for and if these dogs aren't bought in a certain amount of time they are often killed anyway. I approached them via email about buying the dog. They sent me a form to fill out. NO WAY MAN!!! That form was so intrusive there is no way I'm providing that sort of information to get a dog you're going to kill anyway. It is... to me... the principal of the thing. That is too much governmental tracking of what should be private transactions between free American citizens. If they know of someone doing illegal activity then pursue them through appropriate legal channels. This, in every form you have presented it in, is too much IMO. Way too much.

So taking in the actual definition for dealer in this law...

Anyone who who buys, sells, trades in, or otherwise acquires or disposes of junk or used or secondhand property more frequently than once per month cannot conduct their purchases of listed items in cash and must obtain a laundry list of information on anyone they do buy from. Also anyone who cannot a statement of ownership cannot sell those items.

I have several rolls of copper tubing in my backyard. How can I prove ownership of that?

I have an old handpump that belonged to my great grandpa. How can I prove ownership of that?

There is no level at which you have even presented this bill that I find acceptable.

That's the issue between us. If you find this bill acceptable... that's where the discussion ends because I do not, cannot and will not find this bill acceptable.

Bare minimum it's a case of guilty until proven innocent which is becoming very common these days.


It's a level of government tracking of private transactions that you, apprently, find palatable. The issue between us isn't in the details. It's in whether we find this law as acceptable.


I, absolutely, do not.

You, apparently, do.

I know that, from my side, I will not be crossing over.

As I've stated in the past when discussing these things with you. I just wonder where the line of "Too much" is. What would they have to do to finally make you say hey... this is too much.

It is FAR, far, far from my line. I can tell you that,


All times are GMT -6. The time now is 01:19 PM.

Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2026, Jelsoft Enterprises Ltd.