N.J.S.A. 2C:21-36 – Sale of Secondhand Jewelry.

2C:21-36 – Sale of Secondhand Jewelry.

1. Any person engaged in the business of retailing, wholesaling, or smelting jewelry who purchases any article of used or secondhand jewelry shall:

a. Maintain, for five years:

(1) a record of the name, address and telephone number of the person from whom it was purchased; (2) a descriptive list of any used jewelry purchased from that seller, including any identifying characteristics of that jewelry; (3) digital photographs of any used jewelry purchased from that seller; and

(4) a photocopy of the identification of the seller provided pursuant to subsection b. of this section;

b. Verify the identity of the person selling the jewelry by requesting and examining a photograph-bearing, valid State or federal issued driver’s license or other government issued form of identification bearing a photograph;

c. Deliver, on a weekly basis, to the police department having jurisdiction in the location of that person’s place of business a copy of the record of all used jewelry purchased by that person during the preceding week;

d. Maintain in his possession any used jewelry purchased for not less than 10 business days following the delivery of the record of the purchase of that jewelry to the police department, as required by subsection c. of this section ; provided, however, that a municipal ordinance adopted prior to the effective date of P.L.2009, c.214 (January 16, 2010) may provide a longer minimum length of time to maintain possession of used or secondhand jewelry; and

e. Maintain, for five years, a copy of any list provided by an individual pursuant to section 2 of P.L.2009, c.214 (C.2C:21-37).

Nothing in this section shall be construed to apply to pawnbrokers licensed and regulated pursuant to the pawnbroking law, R.S.45:22-1 et seq., or sales made through an Internet website. Nothing in this section shall be construed to apply to a person engaged in retail, provided the sale of jewelry is not his primary business and further provided the person does not engage in the purchase of used or secondhand jewelry on more than three days in a calendar year.

L.2009, c.214, s.1; amended 2013, c.247, s.2.

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