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Article On Dealers And Minnesota's Law

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MeadowviewCollector's Avatar
United States
4409 Posts
 Posted 07/04/2014  2:56 pm Show Profile   Bookmark this topic Add MeadowviewCollector to your friends list Get a Link to this Message Number of Subscribers
Reading my KP Numismatic Update and I saw the title of the article "Dealers to reject Minnesota clients". It caught my attention. I'm not from Minnesota but had read the article to see what it was about.

http://www.numismaticnews.net/artic...id=238162845


Thoughts? Reactions?
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zxcccxz's Avatar
Canada
5417 Posts
 Posted 07/04/2014  3:09 pm  Show Profile   Bookmark this reply Add zxcccxz to your friends list Get a Link to this Reply
Ya, got the same email this morning.

I think that the dealer is not being unrealistic, to have to register in a state just to sell to somebody there. Even when you are at a show, how is a dealer supposed to know is a buyer is from Minnesota? Furthermore, Any non-base metal Numismatic coins (Most High-Value collector grade coins are non-base metal, aren't many sold LWC's that exceed 5k online.) is counted as bullion. Obviously the office of the Minnesotan governor didn't do their research.

But I guess, It was can also be analyzed another way in that, a dealer would only have to register once. I think that the law is ridiculous and with the low compliance it's getting after a year, it's pretty much useless.
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ace_ftw's Avatar
Canada
1747 Posts
 Posted 07/04/2014  4:40 pm  Show Profile   Bookmark this reply Add ace_ftw to your friends list Get a Link to this Reply
Remember that Copper is not considered a "Precious Metal" so any LWC, Indian cents etc are not covered under this new law (which seems odd from a Canadian point of view)Also, Why aren't other collectibles also regulated?
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Domain555's Avatar
United States
1804 Posts
 Posted 07/04/2014  5:25 pm  Show Profile   Bookmark this reply Add Domain555 to your friends list Get a Link to this Reply
Oh-Oh



Should I exclude selling my coins on ebay to that state?

Now ebay lets me sell "only" to the 48.
New Member
United States
7 Posts
 Posted 07/04/2014  7:08 pm  Show Profile   Bookmark this reply Add dave79 to your friends list Get a Link to this Reply
I'm from Minnesota and I know the shows will be taking a BIG hit. Lots of not so pkeasent thoughts all around about the law.
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BStrauss3's Avatar
United States
4589 Posts
 Posted 07/04/2014  7:24 pm  Show Profile   Bookmark this reply Add BStrauss3 to your friends list Get a Link to this Reply

Quote:
... can also be analyzed another way in that, a dealer would only have to register once.


What part of "Registrations issued or renewed by the commissioner under this chapter shall expire on June 30 and must be renewed." would give you THAT impression?

Plus you are required to maintain a surety bond.

From reading the law, it's pretty much targeted as the cold calling sales boiler rooms - the registration requires phone numbers, domain names, etc. Each sales rep must be registered.

There are several provisions that simply seem to make it impossible to sell bullion for 401(k)s, etc. talking about misrepresenting earnings potential, delaying delivery, etc.
Quote:
(6) misrepresent any material aspect of a bullion coin, including its performance, efficacy, nature, investment value, central characteristics, liquidity, earnings potential, or profitability;


But one jumps out: given the normal coin show...
Quote:
(4) fail to provide a written invoice at the time of the transaction specifically identifying and describing the bullion coins involved in the transaction, the quantity of bullion coins involved in the transaction, and the bullion coins' sale or purchase price and precious metal content.
I think about 1 in 5 purchases at shows give me an invoice. Heck half the time they don't even have business cards...


-----Burton
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EndTheFed's Avatar
United States
88 Posts
 Posted 07/05/2014  01:51 am  Show Profile   Bookmark this reply Add EndTheFed to your friends list Get a Link to this Reply
How we as a civilized society continue to ask our government to run our daily lives is an absolute mystery to me. Government looks like The DMV, like the I.N.S. building that my wife and kids went to when she became a citizen, Government looks like the drivers license office....government looks like the social security administration office....government looks like the phone number people call when the file for unemployment, and wait on hold for 3 hours.

And now, government wants to make our doctors run like the DMV?
And now, government wants to turn our hobbies into beauraucratic nightmares too?

enough is enough

-Keith
Edited by EndTheFed
07/05/2014 01:52 am
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Chute72's Avatar
United States
1314 Posts
 Posted 07/05/2014  04:42 am  Show Profile   Bookmark this reply Add Chute72 to your friends list Get a Link to this Reply
1) This is just more government intrusion, and it will not end well. Coin Registration?
2) It really doesn't affect me yet. If I dealt in $100,000 worth, I would still be a hobbiest and not a dealer. Driving an expensive sports car does not make me a car dealer.
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whit3's Avatar
United States
76 Posts
 Posted 07/05/2014  09:38 am  Show Profile   Bookmark this reply Add whit3 to your friends list Get a Link to this Reply

Quote:
It really doesn't affect me yet. If I dealt in $100,000 worth, I would still be a hobbiest and not a dealer.


Be careful, the government could redefine you as a dealer based upon the volume of sales or dollar value of sales.

Its all about various Governments coming to you with a smiley face offering help, when they are actually just wanting more control over our lives.
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The_Duke's Avatar
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 Posted 07/05/2014  10:58 am  Show Profile   Bookmark this reply Add The_Duke to your friends list Get a Link to this Reply
I think what we will see is a hit to our coin shows in MN. Many small time dealers are confused and limiting the number of shows they attend or staying away from silver and gold sales. Another example of government overreach. Fortunately I live close enough to Iowa.

Remember, MN also gave you Jesse Ventura and Al Franken...
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Conder101's Avatar
United States
17884 Posts
 Posted 07/05/2014  12:18 pm  Show Profile   Bookmark this reply Add Conder101 to your friends list Get a Link to this Reply
I can see this being a real problem for in state dealers and for coin shows but I can't see it legally applying to out of state dealers selling by mail. What the state would be trying to do is to regulate interstate commerce which is federal jurisdiction not state. (Now if the out of state dealers have a nexus in Minnesota that would be another matter, then they would have to comply with the law.) That is why one state (say Minnesota) can't require a business in another state to collect Minnesota sales taxes on items customers purchase that are then shipped into Minnesota. They can require them to register though if they come into the state to participate in a coin show.

What I could see this doing is killing all the coin shows in Minnesota and turning all the local dealers into mail order only and only with out of state purchasers. And for all in state collectors to have to only purchase or sell by mail with out of state dealers.
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bobby131313's Avatar
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 Posted 07/05/2014  6:17 pm  Show Profile   Bookmark this reply Add bobby131313 to your friends list Get a Link to this Reply
We just won't sell to anyone in Minnesota.
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SteveCaruso's Avatar
United States
1796 Posts
 Posted 07/05/2014  7:27 pm  Show Profile   Bookmark this reply Add SteveCaruso to your friends list Get a Link to this Reply
Aye, I'm with Conder's assessment. Minnesota's law is outstepping its jurisdiction if it tries to enforce this outside of its borders.

It's bullion (well... bullion-oid? 1%! Lord...) for crying out loud. Not opium! :-)
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Joe2007's Avatar
United States
3843 Posts
 Posted 07/06/2014  12:35 am  Show Profile   Bookmark this reply Add Joe2007 to your friends list Get a Link to this Reply

Quote:
I can see this being a real problem for in state dealers and for coin shows but I can't see it legally applying to out of state dealers selling by mail. What the state would be trying to do is to regulate interstate commerce which is federal jurisdiction not state.


It is only a matter of time before this new legislation is challenged before the courts, what they decide is anyone's guess. The state compares regulating coin/bullion dealers to current regulations that have been upheld by the courts upon the payday loan industry.

Insightful article on how a state can enforce its regulations on out of state payday lenders.
http://www.consumerfed.org/pdfs/IPD...sdiction.pdf

I'd speculate that the new regulations will likely be upheld upon Minnesota based dealers and sellers while they may not be enforceable upon out of state transactions. I don't see the big bullion dealers like APMEX up in arms so they must not expect this new law to seriously impact their business.

It is really a shame because it is going to put the smaller players like brick and mortar shops and show/flea market dealers out of business. Only the biggest Minnesota dealers will have the resources and systems in place to comply and will ultimately pass on the increased cost to the consumer.
Edited by Joe2007
07/06/2014 12:45 am
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Joe2007's Avatar
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 Posted 07/10/2014  10:36 pm  Show Profile   Bookmark this reply Add Joe2007 to your friends list Get a Link to this Reply
Anybody from Minnesota here? If so what impacts are you seeing and any other insights you can add.
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brg5658's Avatar
United States
627 Posts
 Posted 07/11/2014  09:38 am  Show Profile   Bookmark this reply Add brg5658 to your friends list Get a Link to this Reply
I live in Minnesota, and so far, I haven't seen any effects of the silly legislation. Granted, the "coin show" footprint in Minnesota is so abysmally small that I usually don't attend more than 2 shows a year...and they have a max of 15-20 dealers each. I am a small-time collector -- I generally purchase less than $10K in coins per year.

My opinion is still that there is basically no way for the MN Dept of Commerce to enforce this policy, so I don't see it really affecting us little guys. I did attend the MOON show last year -- and there were already around 8-10 tables that were deserted because the dealers that had booked them backed out of the show because of this legislation. This year it might be 20-30 dealers total (?)...I guess we'll see.
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