[Jewelry making - Article 00130] - Re: [Orchid] Can a Pawshop Legally Sell Our Stolen Goods?

[Aufin]

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    Short answer - maybe. Long answer follows. 

    Depends on the laws governing pawn shops and/or precious metals
    dealers and/or second hand merchandise dealers, or whatever they may
    be classified as in the area where they do business. I can only speak
    of the area where I did business and operated under those
    regulations. Other city, county rules and regulations (ordinances)
    varied quite a bit. 

    If I wanted to be able, legally, to buy a piece of jewelry, scrap
    gold, a watch, a loose diamond, or anything else considered a jewelry
    related item from a private individual, I was required to have a
    precious metals dealer license. This license allowed me to buy "off
    the street", not just do repairs and sell jewelry purchased through
    established wholesale channels. I had to report the purchase to the
    police department, within a specified time, on a form they supplied
    and was required to "hold" the item in the same condition I bought
    it, together with the customer's information for a specified amount
    of time, if I remember right, 10 business days. This hold period
    allowed the police to check the item against their "hot sheets" for
    items reported to the police department on their "Lost or Stolen
    Items Reports". After the hold period expired I could do as I pleased
    with the item. The item was considered mine and I could demand any
    price I desired for the item when/if it went out for sale. If the
    item was declared stolen or lost by the police as determined by their
    "lost or stolen item" report, the police would pick up the item and I
    was out my money unless I could get it back from the person who sold
    it to me. Fortunately I was never the holder of any lost or stolen
    items, but I knew of a few shops that were. Sometimes they lost the
    money with no recourse, sometimes the recovered items led to an
    arrest and conviction of a burglar and restitution was ordered by the
    court. Personally, I don't think I'd hold my breath for any
    restitution. I know of at least one instance where an item in
    question was a stolen item, but since the hold period had expired and
    there was no L/S Item Report on file, the shop owner and original
    owner had to come to terms between themselves. Usually when that
    happened the original owner reimbursed the buyer the cost of the item
    in order to recover the property. The police have no real legal
    standing without the proper paperwork. So, to answer your question,
    it depends on the laws where you are, whether the merchant in
    question followed those laws properly, and whether the person who
    lost the item did his/her part by properly reporting same in a timely
    fashion with a good enough description for recovery by the
    authorities. Of course, that's in an ideal world where everybody is
    aware of the laws (all of them) and follows each and every law to the
    letter. Yeah, right. 

    That's one reason I photographed every piece of custom work I turned
    out and photographed all of my wife's jewelry. Many times I had a
    customer come to me with a request for a description of a piece of
    jewelry so it could be given to the police for their L/S Item Report.
    Just hit the print key and presto, one picture, no writing.

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