Nevada has three categories of purchasers regulated in its law: Junk Dealers, Scrap Metal Processors, and Secondhand Dealers. Provisions covering Junk Dealers and Scrap Metal Processors are included in the summary, but are re-ordered from their appearance in the law
"Junk" includes old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other secondhand, used or castoff articles or material of any kind, but does not include Scrap Metal.
"Scrap Metal" means:
"Scrap Metal" does not include waste generated by a household, aluminum beverage containers, used construction scrap iron or a metal product in its original manufactured form which contains not more than 20% by weight nonferrous metal.
"Junk Dealer" means every person, firm or corporation engaged in the business of purchasing or selling hides or junk, other than used books.
"Scrap Metal Processor" means any person who either:
"Secondhand dealer" means any person engaged in whole or in part in the business of buying and selling metal junk, melted metals or secondhand personal property, other than antiques, used books, coins and collectibles, but does not include buying or selling certain secondhand firearms or antique parts, accessories, or other equipment relating to such.
(added by SB 235) "Designated Third Party" means any person with whom a local law enforcement agency has entered into a contract for the purpose of receiving and storing any information required by the Reporting - Scrap Metal Processor provision.
Exempts all charitable organizations recognized as such by the U.S. Internal Revenue Code.
Purchases of Scrap Metal from a business entity are exempt from the Reporting - Scrap Metal Processors provision.
A person shall not purchase Scrap Metal unless they possess both a valid business license issued by the State pursuant to NRS Chapter 76 and a valid business from the city or county, as applicable, where the person purchases Scrap Metal, and must obtain all required authorizations to operate from or be registered with the solid waste management authority for the area in which they purchase metal.
Processors must maintain a book or other permanent record of each purchase of Scrap Metal with the following, legibly written in English if applicable:
A copy of one of the following valid identifications from the Seller: (bold text added by SB 235)
A Processor shall provide the Seller a receipt containing the following:
The photograph or video recording of the purchase must be retained on-site for at least 60 days after the date of the purchase.
All Scrap Metal purchased and the records required must at all times during normal business hours be open to inspection by a prosecuting attorney or any peace officer.
A local law enforcement agency may establish an electronic reporting system or utilize an existing electronic reporting system to receive information related to purchases of Scrap Metal by Processors in its jurisdiction. The system must provide for electronic submission by Processors, and be electronically secure and accessible only to:
If such a system is established, a Processor transacting business in that jurisdiction must submit electronic reports to the agency or designated 3rd party by 12 PM of the next business day with the following information from the transaction record, except that purchases of scrap metal from a business entity are exempt from reporting:
An agency with an established reporting system shall submit a report on January 15 of each odd-numbered year to the Director of the Legislative Council for transmittal to the Nevada Legislature. The agency's report shall address the effect of the reporting system on the incidence of crime related to the sale or purchase of scrap metal within its jurisdiction.
The Division of Industrial Relations of the Dept. of Business and Industry shall, in consultation with representatives of local law enforcement agencies and the scrap metal industry, adopt regulations to ensure the confidentiality of reported information, including:
Except as provided in the Reporting - Scrap Metal Processors provision, any information concerning the purchase of Scrap Metal must be kept confidential by the person possessing the information.
If required to report electronically to local law enforcement, a Processor must display prominently at the point of purchase a public notice, in a form approved by the local law enforcement agency, describing the information that the Processor must report.
A peace officer or investigator involved in the investigation or prosecution of criminal activity may place a 7 business day written hold on any property related to the criminal activity in the possession of a Processor. A hold may be extended for up to an additional 7 day period by providing written notice. The peace officer or investigator who placed the hold shall notify the Processor in writing when the investigation or prosecution has concluded or when the hold is no longer necessary, whichever occurs sooner.
A peace officer or investigator who placed a hold on property may obtain custody of it if they obtain and provide the Processor with a copy of written authorization from the prosecuting attorney which includes a description of the property and acknowledgement of the Processor's interest in the property. Property thus received may only be disposed of in the manners set forth in NRS 52.385 or 179.125 to 179.165, inclusive.
$150 cash threshold for purchases of Scrap Metal; a Processor may only make one cash transaction of less than $150 with the same Seller on the same day. Payments of $150 or more must be by check or electronic transfer. For payments made by check to a business, the check must be made payable to the business using the name of the business.
A Junk Dealer or Secondhand Dealer that enters into an agreement to allow a customer to buy back property after purchasing it from them must be licensed as a pawnbroker with the local government where the transaction occurred if a license is required and abide by the state pawnbroker statutes, NRS Chapter 646.
Local governments may, by ordinance, prohibit any person from advertising within its respective jurisdiction as a Junk or Secondhand Dealer unless the person holds a valid license to engage in such within the jurisdiction, and may require that the number of the person’s business license be included in such advertising.
Every Dealer shall at all times keep conspicuously posted in their office or place of business a description of and the amount of hides and junk purchased by the Dealer each day, together with the names and addresses of the Sellers.
A Dealer must obtain a statement from a Seller with the following information:
Dealers must also keep a book written in ink at the time of purchase with the following:
For purchases of metallic wire burned in whole or part to remove insulation:
For purchases of metallic wire burned in whole or part to remove insulation, a Dealer must keep the following in addition to the book:
No entry in a Dealer's book may be erased, mutilated, or changed. Materials obtained for burned metallic wire shall be retained for not less than 3 years.
A Dealer's book must be open at all times to inspection by the sheriff of the county or any of their deputies, any member of the police department in the city or town, and any constable or other county or municipal officer in the county in which the Dealer does business.
Any Dealer who has personal property that is alleged to have been lost or stolen in their possession shall exhibit the property on demand to any police officer or constable, or other municipal or county official of the city, town or county in which Dealer does business, or to any person duly authorized in writing by any magistrate to inspect property in the possession of the Dealer, if the person exhibits his or her authorization to the Dealer.
On the next business day following a purchase a Dealer must file the original statement from the Seller (as provided for in the Recordkeeping Provision) in the office of the sheriff of the county where the purchase was made (or, in a county whose population is less than 47,500, the office of the sheriff's deputy for transmission to the sheriff). If the purchase was made in a city or town, the Dealer shall file a copy with the chief of police.
If any property in their possession matches a description of property advertised as lost or stolen, a Dealer shall immediately notify the sheriff of the county or chief of police of the city or town where they do business of when and from whom the property was received.
No Dealer or any other entity shall purchase any junk from:
Before shipping or transporting purchased articles, a Dealer shall apply to the sheriff, deputy, or any constable or chief of police in the county from which the shipment is to be made, for inspection of the articles to be shipped. The application must be signed and contain full information on the number, character, and description of the articles. The officer shall issue a permit for shipment of the articles described.
A Junk Dealer or Secondhand Dealer may not, as part of their business as a Dealer, buy a motor vehicle from a person and sell the motor vehicle to the same person.
Any Junk Dealer who violates any of the Junk Dealer provisions is guilty of a misdemeanor.
Unless a greater penalty is provided by a specific statute, a person who violates any of the Scrap Metal Processor provisions is guilty of a misdemeanor.
Any person, including but not limited to Dealers and Processors, or any agent, employee, or representative of such, who buys or receives any Junk or Scrap Metal which they know or should reasonably know is ordinarily used by and belongs to a cable, broadband, telecommunications, telephone, telegraph, gas, water, electric, or transportation company, or to a political subdivision engaged in furnishing utility service, and who fails to use ordinary care in determining whether the person selling or delivering the Junk or Scrap Metal has a legal right to do so, is guilty of criminally receiving such property, subject to a category D felony and punishable as provided in NRS 193.130.
(added by SB 235) A person who knowingly and willfully violates the Information Confidentiality - Scrap Metal Processors provision is guilty of a gross misdemeanor.
(amended by SB 37) Under NRS 202.582, A person who willfully and maliciously removes, damages, or destroys any utility property, agricultural property, property maintained by a state or local government, or a construction site or existing structure to obtain scrap metal shall be punished as follows:
If the value of the property removed, damaged or destroyed, including the cost of repairing or replacing the property or structure, is:
A person guilty of a violation under NRS 202.582 shall also pay restitution and:
(SB 37 changes property covered and adds payment of restitution and community service)
The provisions of this chapter do not impair the power of cities and counties in this State to license, tax and regulate any person, firm or corporation now engaged in or hereafter engaged in the buying and selling of Junk or Scrap Metal.
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