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New Louisiana Law

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Pillar of the Community
United States
2168 Posts
 Posted 10/19/2011  2:08 pm  Show Profile   Bookmark this reply Add angel2004 to your friends list Get a Link to this Reply
There is another article on a major website stating how some secondhand stores were unaware of the law and fearing they will lose business etc
Valued Member
United States
302 Posts
 Posted 10/19/2011  4:09 pm  Show Profile   Bookmark this reply Add mmerlinn to your friends list Get a Link to this Reply
I finally found an official copy of the law.

http://www.legis.state.la.us/billda...p?did=760886

That link shows the engrossed bill with the CHANGES to the law. It is bad, but there are a few loopholes that many can squeeze through. Note the section about automobile scrap (page 3 line 1). Also note that PM in general were included in the law BEFORE this bill was passed.

Here are the full sections of the law containing the changes:

http://www.legis.state.la.us/lss/lss.asp?doc=93498

http://www.legis.state.la.us/lss/lss.asp?doc=93499

http://www.legis.state.la.us/lss/ls...p?doc=727524

http://www.legis.state.la.us/lss/lss.asp?doc=93503

http://www.legis.state.la.us/lss/lss.asp?doc=93503

http://www.legis.state.la.us/lss/ls...p?doc=762918

http://www.legis.state.la.us/lss/ls...p?doc=762919

http://www.legis.state.la.us/lss/lss.asp?doc=93511

http://www.legis.state.la.us/lss/lss.asp?doc=93512

A careful reading shows that this law goes to the extreme, or like one guy said:


Quote:
Reading the plain language of the law (p.2, lines 15-18), if I go to two yard sales in a month and buy $1 of stuff at each one, I am "deemed as being engaged in the business of a secondhand dealer".

On pg. 6, lines 11-12: "A secondhand dealer shall not enter into any cash transactions in payment for the purchase of junk or used or secondhand property."

I see no exceptions for being a customer.
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trdhrdr007's Avatar
United States
2335 Posts
 Posted 10/19/2011  5:16 pm  Show Profile   Bookmark this reply Add trdhrdr007 to your friends list Get a Link to this Reply
Like a lot of laws this is over the top & has tons of unintended consequences. Any yard sale junkie just became a criminal.
Pillar of the Community
United States
2168 Posts
 Posted 10/19/2011  5:28 pm  Show Profile   Bookmark this reply Add angel2004 to your friends list Get a Link to this Reply
And all must be reported with drivers license, address, license plate daily to law enforcement and cannot complete the sale without them. Too much information for what? Hope this doesn't spread to other states
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Ed_B's Avatar
United States
4008 Posts
 Posted 10/20/2011  8:08 pm  Show Profile   Bookmark this reply Add Ed_B to your friends list Get a Link to this Reply
I'm thinking that once they have this law in effect for a while they will realize just how ridiculous and unmanageable it is. At that point, they can either modify or scrap it. It doesn't seem to me to be of sufficient value that other states will want to copy it. Unlike the big states, like NY and CA, not too many states are looking to LA for direction.

Pillar of the Community
United States
2168 Posts
 Posted 10/20/2011  9:24 pm  Show Profile   Bookmark this reply Add angel2004 to your friends list Get a Link to this Reply
You would have thought more than 1 in the state legislature might have voted against it! Plus the governor signed it as well. Let's hope other states see the flaws. Not like what's going on with the TSA now they're in Tennessee on the interstates
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poboxw's Avatar
Canada
1502 Posts
 Posted 10/21/2011  12:21 am  Show Profile   Bookmark this reply Add poboxw to your friends list Get a Link to this Reply
Nuts,
Here in Canada (Alberta), I believe only coin dealers have to keep tabs of sellers info when they buy from private sellers. And this only for about a month so that should the coins be stolen and the police come knocking, there'd be useful info to help track down the thief. Any more than this is over-reaching
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Ed_B's Avatar
United States
4008 Posts
 Posted 10/21/2011  5:02 pm  Show Profile   Bookmark this reply Add Ed_B to your friends list Get a Link to this Reply
I agree, poboxw. I support the local law enforcement officers and their very difficult job. This does not mean that I want to abrogate the US Constitution in an all out effort at stopping crime. I understand that freedom and security are inversely proportional; the more we have of one, the less we have of the other. Because of this, society must choose the best compromise that we can. Unfortunately, most law makers are lawyers and either do not comprehend this simple truth or are aware of it and do not care. Either way, they are unlikely to successfully further the causes of either crime prevention or liberty.
Pillar of the Community
United States
2168 Posts
 Posted 10/21/2011  7:36 pm  Show Profile   Bookmark this reply Add angel2004 to your friends list Get a Link to this Reply
Benjamin Franklin said it best about giving up Freedom for Security and that if you do that you have neither Freedom nor Security! Not the direct quote but the meaning nevertheless!
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poboxw's Avatar
Canada
1502 Posts
 Posted 10/22/2011  01:30 am  Show Profile   Bookmark this reply Add poboxw to your friends list Get a Link to this Reply
Well said Ed,
One day there'd be too many laws and regulations for us to enjoy what all the paperwork was suppose to protect and help us to do.
Feel like that bit from Hitch-hiker's Guide to the Galaxy, paperwork for paperwork.
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Ed_B's Avatar
United States
4008 Posts
 Posted 10/22/2011  7:57 pm  Show Profile   Bookmark this reply Add Ed_B to your friends list Get a Link to this Reply

Quote:
Benjamin Franklin said it best about giving up Freedom for Security and that if you do that you have neither Freedom nor Security!

Yes, Franklin did say that. What he did not say is that ANY society creates some rules of behavior that affect us all. In fact, it is these rules that we want the society to create and by which we become protected from the human predators. The trick is to achieve a balance that allows us to have a good compromise between things that are diametrically opposed. It simply is not possible to be free to do anything you want and also be completely secure in your person and property from others doing anything THEY want. That said, it certainly is possible to go overboard in either direction. One direction leads to slavery and the other leads to anarchy. Neither is desirable.


Quote:
Well said Ed,

Thanks, poboxw.


Quote:
One day there'd be too many laws and regulations for us to enjoy what all the paperwork was suppose to protect and help us to do.

In at least one way, we are already there. Business in the US is now so stifled by rules, regs, taxes, and licenses that it is virtually comatose. The politicians sit around arguing and scratching their heads, wondering why we don't have a stronger economy and higher employment. Any small business person and most average citizens can figure this out almost immediately. Government and its requirements are literally consuming the nation. We are in an untenable position of facing the choice of whether to grow the economy or the government. This is an easy choice for a lot of us. Unfortunately quite a few of us are choosing poorly. We need about 1/2 of the government that we have. Until those in charge get this figured out, we will continue to flail about for the obvious answer to our problems.
Rest in Peace
biggfredd's Avatar
United States
9104 Posts
 Posted 11/02/2011  06:08 am  Show Profile   Bookmark this reply Add biggfredd to your friends list Get a Link to this Reply
This is another example of a "we have a problem--do something" laws. Ask the police. They could do a much better job of catching crooks if they have a paper trail of the money end of things, and positive IDs of the people involved.

So Joe Blow goes to a rent to own, gets a $1000 TV, scrapes off the serial number, and sells it. The police figure it out, and they nail Joe. They get in court, the defense atty asks the secondhand dealer if he got ID, yup, he's the guy who sold it.

"Yerronner, I move the charges be dropped, this is Joe's identical twin John, and he was in jail when this happened."

Actually had a case like this once.
Pillar of the Community
United States
2168 Posts
 Posted 11/02/2011  09:15 am  Show Profile   Bookmark this reply Add angel2004 to your friends list Get a Link to this Reply
Exactly maybe that type of thing will lead to us having biometric I D but I'm not even sure how that would work with identical twins! There is just way too much tracking etc going on. I can't stand being 'watched' so often. I'm not doing anything wrong. Just gets creepy that someone might be at a computer monitor and watch you in all types of everyday activites creepy. (And Creepy is a program that can be used to GPS locate all you posted pictures!) Sorry to go off track a little
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CaptainFwiffo's Avatar
United States
4132 Posts
 Posted 11/02/2011  10:06 am  Show Profile   Bookmark this reply Add CaptainFwiffo to your friends list Get a Link to this Reply
It's funny how a law like this, passed in one of the most conservative states in the country, is somehow the fault of liberals. Militarization of police forces, no-knock warrants, warrantless wiretaps, the PATRIOT act, etc. are all broadly supported by conservative politicians. Other than a minority of the self-proclaimed libertarians out there, the only people actually opposing these kinds of things are liberal groups like the ACLU and a handful of liberal politicians (e.g. Russ Feingold). Of course, they get painted as fringe lefties who hate America.
Pillar of the Community
United States
2168 Posts
 Posted 11/02/2011  10:57 am  Show Profile   Bookmark this reply Add angel2004 to your friends list Get a Link to this Reply
I know it is really something what is going on like living all those creepy books I read way back when in high school NEVER thinking they could happen. F 451. 1984. Brave New World. Animal Farm to name a few. I can think of corresponding things from each going on today! It does frighten me
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