Re: Seriously?!? Louisiana bans cash for 2nd-hand transactio
Posted: Fri Oct 21, 2011 4:00 pm
I would like to know what your take on this is Charles. 

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Because most politicians are not wise people. If they were, they wouldn't run for office.RoyGBiv wrote:Simple wisdom.... Why is it so lacking in government today?Purplehood wrote:Hence my earlier statement:mamabearCali wrote:Yes because those knowingly dealing in selling stolen goods are very concerned with breaking the law.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.
"If cash is outlawed, only criminals will have cash."
Why is that? Seems like a pretty lucrative career to me!The Annoyed Man wrote:Because most politicians are not wise people. If they were, they wouldn't run for office.RoyGBiv wrote:Simple wisdom.... Why is it so lacking in government today?Purplehood wrote:Hence my earlier statement:mamabearCali wrote:Yes because those knowingly dealing in selling stolen goods are very concerned with breaking the law.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.
"If cash is outlawed, only criminals will have cash."
Why? Because most people with criminal mentalities are not necessarily wise. Smart, maybe.....but not wise.sjfcontrol wrote:Why is that? Seems like a pretty lucrative career to me!The Annoyed Man wrote:Because most politicians are not wise people. If they were, they wouldn't run for office.RoyGBiv wrote:Simple wisdom.... Why is it so lacking in government today?Purplehood wrote:Hence my earlier statement:mamabearCali wrote:Yes because those knowingly dealing in selling stolen goods are very concerned with breaking the law.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.
"If cash is outlawed, only criminals will have cash."
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.C-dub wrote:So, did LA just shut down all garage and yard sales?
The law also bans the sale of items from persons under the age of seventeen. It's an interesting read.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
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.hpcatx wrote:No, this law applies to second-hand 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.MasterOfNone wrote:I did not see anything that restricts this to retailers.hpcatx wrote:No, this law applies to second-hand retailers,
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.
[/img]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.