Seriously?!? Louisiana bans cash for 2nd-hand transactions.

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VoiceofReason
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by VoiceofReason »

I would like to know what your take on this is Charles. :bigear:
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by The Annoyed Man »

RoyGBiv wrote:
Purplehood wrote:
mamabearCali wrote:Yes because those knowingly dealing in selling stolen goods are very concerned with breaking the law. :banghead: Isn't selling stolen goods a crime anyway? Isn't stealing said goods a crime anyway? Another useless law that will make no difference in the life of a crook, but will make the lives of ordinary citizens more difficult. :smash:
Hence my earlier statement:

"If cash is outlawed, only criminals will have cash."
Simple wisdom.... Why is it so lacking in government today?
Because most politicians are not wise people. If they were, they wouldn't run for office. :smilelol5:
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by sjfcontrol »

The Annoyed Man wrote:
RoyGBiv wrote:
Purplehood wrote:
mamabearCali wrote:Yes because those knowingly dealing in selling stolen goods are very concerned with breaking the law. :banghead: Isn't selling stolen goods a crime anyway? Isn't stealing said goods a crime anyway? Another useless law that will make no difference in the life of a crook, but will make the lives of ordinary citizens more difficult. :smash:
Hence my earlier statement:

"If cash is outlawed, only criminals will have cash."
Simple wisdom.... Why is it so lacking in government today?
Because most politicians are not wise people. If they were, they wouldn't run for office. :smilelol5:
Why is that? Seems like a pretty lucrative career to me! :mrgreen:
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by hpcatx »

Let me get this straight: Criminals who in the past have been successful in stealing goods and selling them to legitimate vendors (who are concerned about their stores/livelihoods and were presumably convinced that the property wasn't stolen) will now have the additional incentive to rob people for identification documents like driver licenses? With this law, the criminals will need some way to cash the checks or money orders that the vendor is required to issue. Promotes two crimes, instead of just one.
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by The Annoyed Man »

sjfcontrol wrote:
The Annoyed Man wrote:
RoyGBiv wrote:
Purplehood wrote:
mamabearCali wrote:Yes because those knowingly dealing in selling stolen goods are very concerned with breaking the law. :banghead: Isn't selling stolen goods a crime anyway? Isn't stealing said goods a crime anyway? Another useless law that will make no difference in the life of a crook, but will make the lives of ordinary citizens more difficult. :smash:
Hence my earlier statement:

"If cash is outlawed, only criminals will have cash."
Simple wisdom.... Why is it so lacking in government today?
Because most politicians are not wise people. If they were, they wouldn't run for office. :smilelol5:
Why is that? Seems like a pretty lucrative career to me! :mrgreen:
Why? Because most people with criminal mentalities are not necessarily wise. Smart, maybe.....but not wise.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by C-dub »

So, did LA just shut down all garage and yard sales?
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by hpcatx »

C-dub wrote:So, did LA just shut down all garage and yard sales?
No, this law applies to second-hand retailers, which is partly defined by those entering into these types of transactions more than once per month. So as long as you don't have frequent garage sales, it should be okay.

It appears this law is directed at those selling merchandise to second-hand retailers and how they are compensated, not to the customers of the second-hand shops. This would be the same for folks purchasing items at the garage sale.
LA House Bill 195 wrote:Anyone, other than a nonprofit entity, who buys, sells, trades in, or otherwise acquires or disposes of junk or used or secondhand property more frequently than once per month from any other person, other than a nonprofit entity, shall be deemed as being engaged in the business of a secondhand dealer.

Full text of LA House Bill 195
The law also bans the sale of items from persons under the age of seventeen. It's an interesting read.
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by MasterOfNone »

hpcatx wrote:No, this law applies to second-hand retailers,
I did not see anything that restricts this to retailers. Would a two-day yard sale meet the requirement of more than once per month? And do they consider each transaction to be "once"? The new law doesn't clearly define this.
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by boba »

Can they make the check payable to "CASH" (a bearer instrument iirc) and then turn around and cash it for the bearer?
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by hpcatx »

MasterOfNone wrote:
hpcatx wrote:No, this law applies to second-hand retailers,
I did not see anything that restricts this to retailers.
You may be correct. From a cursory read of the legislation, I thought this applied to those making the purchases from the "general public." From a link provided in another thread, it appears people can't use cash to purchase from known merchants either.
wgoforth wrote:Well, I'm back...but that is weird, if true. Did find out though that LA has outlawed cash transactions...ie, private gun sales, flea market sales etc unless there are written reciepts so the gvt doesn't lose money. http://fleamarketzone.com/2011/10/louis ... rchandise/" onclick="window.open(this.href);return false;

Other thread: viewtopic.php?f=7&t=49082
http://fleamarketzone.com wrote:A new law passed in Louisiana has made it illegal for consumers to pay for second-hand goods with cash, in a ruling that has a substantial effect on the many flea markets in the state.
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by Keith B »

This is aimed at junk dealers and recyclers. See the actual statute here http://www.legis.state.la.us/billdata/s ... did=760886" onclick="window.open(this.href);return false;. What they are trying to do is keep them from buying and trading without any tracking for taxes. Lots of states have this type of statute in place, but it is easily bypassed. Now Louisiana has a law that will have teeth if they find someone and want to prosecute.
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by MasterOfNone »

This may have been aimed at junk dealers, but like most attempts to use new laws to replace enforcement of existing ones, it affects everyone. Rather than limiting its scope to the dealers, it applies to anyone who buys, sells, or trades in secondhand goods more than once a month. So if you list multiple items on Craigslist, or you buy multiple used items in a month, you're included.
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by tommyg »

My family likes to go yard sale shopping.No cash transactions will make yard shopping difficult to impossible.
This kind of law will hurt us and force us to spend more
for a lot of the things we buy. Also making us go to stores and shop will give a state a
chance to collect sales tax on more transactions. Net result more taxes less freedom
no protection since crooks will find ways around it soon enough. I read about this on
Drudgereport.com a couple of weeks ago, Drudgereport is a good source for conservative news check it out
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Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio

Post by Doug.38PR »

http://www.bayoushooter.com/forums/show ... post904440" onclick="window.open(this.href);return false;

I posed this question over on the Louisiana chl forum

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See Section B (1)

LA RS 32:1861

§1861. "Secondhand dealer" defined

A.(1) Every person in this state engaged in the business of buying, selling, trading in, or otherwise acquiring or disposing of junk or used or secondhand property, including but not limited to jewelry, silverware, diamonds, precious metals, ferrous materials, catalytic converters, auto hulks, copper, copper wire, copper alloy, bronze, zinc, aluminum other than in the form of cans, stainless steel, nickel alloys, or brass, whether in the form of bars, cable, ingots, rods, tubing, wire, wire scraps, clamps or connectors, railroad track materials, water utility materials, furniture, pictures, objects of art, clothing, mechanic's tools, carpenter's tools, automobile hubcaps, automotive batteries, automotive sound equipment such as radios, CB radios, stereos, speakers, cassettes, compact disc players, and similar automotive audio supplies, used building components, and items defined as cemetery artifacts is a secondhand dealer. Anyone, other than a nonprofit entity, who buys, sells, trades in, or otherwise acquires or disposes of junk or used or secondhand property more frequently than once per month from any other person, other than a nonprofit entity, shall be deemed as being engaged in the business of a secondhand dealer.

(2) For purposes of this Part "cemetery artifacts" means any object produced or shaped by human workmanship or tools, including ornaments of archaeological, historical, cultural, or sentimental significance or interest, which may be used to memorialize the dead and shall include but not be limited to all cemetery items, objects, and properties including but not limited to any type of religious or sentimental addition or adornment, inside or outside of a tomb, gravesite, plot, mausoleum, vault or interment location, whether placed privately or by assignment, regardless of monetary worth, age, size, shape, or condition including but not limited to statues, bricks, signage, plaques, tablets, urns, pots, planters, benches, chairs, crosses or other religious symbols, vases, gates, fences, or any portions thereof.

(3) For purposes of this Part, a "used building component" shall mean any object produced or shaped by human workmanship or tools that is an element of structural, architectural, archaeological, historical, ornamental, cultural, utilitarian, decorative, or sentimental significance or interest, which has been and may be used as an adjunct to, or component or ornament of any building or structure, regardless of monetary worth, age, size, shape, or condition, that is immovable property or fixture, including but not limited to bricks, siding, gutters, downspouts, lightning rods, chimney roofs, lights, chandeliers, stoves, tubs, sinks, faucets, faucet handles, toilets, bidets, showers, fans, furnaces, air conditioners, water heaters, sprinkling systems, shelving, countertops, cabinets, built-in speakers, shutters, trim, rafters, roof tiles, roofing, studs, foundation, barge boards, paneling, stairs, risers, banisters, wiring, plumbing, hinges, door latches, door knobs, medallions, mantles, flooring, carpet, tiles, molding, wainscoting, pavers, doors, windows, sills, transoms, joists, mailboxes, signage, fountains, decking, gates, fences, planters, landscaping, plantings or portions thereof, or component parts of immovable property of any nature or kind whatsoever.

(4) For purposes of this Part, a "lot of used building components" shall mean a group of like used building components.

(5) For the purposes of this Part, "junk" shall include any property or material commonly known as "junk".

(6) For the purposes of this Part, "railroad track materials" shall include steel in the form of railroad tracks or in the form of rail, switch components, spikes, angle bars, tie plates, or bolts of the type used in constructing railroads, or any combination of such materials.

(7) For the purposes of this Part, "water utility materials" shall include but not be limited to water meters, valves, pipes, and fittings.

B. Except as provided for in R.S. 37:1864.3 and 1869.1, the provisions of this Part shall not apply to:

(1) Dealers in coins and currency, dealers in antiques, nor to gun and knife shows or other trade and hobby shows.

(2) Persons solely 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 who are licensed under the provisions of R.S. 32:783 et seq.

(3) Private residential sales commonly known as "garage sales" or "yard sales" as long as such sales take place at a residential address.

(4) Any bona fide charity possessing a valid exemption under Section 501(c)(3) of the Internal Revenue Code.

(5) Collectors, transporters, or disposers of waste whose waste collection, transportation, and disposal activities are regulated by the Department of Environmental Quality, or persons who collect, transport, or manage recyclable materials pursuant to a residential collection, recycling, or disposal contract with a municipality or political subdivision
.
Acts 1993, No. 1000, §1; Acts 1997, No. 1438, §1, eff. July 15, 1997; Acts 1999, No. 218, §1; Acts 2003, No. 1162, §1; Acts 2003, No. 1184, §1, eff. July 3, 2003; Acts 2011, No. 389, §1.
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