P.L. 2009, c.214 (SS for S-1819) - Requires records to be maintained
concerning the sale of used jewelry
On January 16, 2010, Acting Governor Sweeney signed Senate Substitute for S-1819 into
law as P.L. 2009, c.214. The new law takes effect on May 1, 2010.
The new law requires that jewelry retailers, wholesalers, and smelters must verify the identity
of anyone selling them jewelry using a driver’s license or other government-issued form of
photograph identification. Furthermore, jewelry retailers, wholesalers, and smelters must maintain
detailed records of all secondhand jewelry they buy for five years, which is equivalent to the statute
of limitations for burglary. The law requires that a copy of these records must be delivered to the
local police department each week, and the jewelry may not be sold until three business days after
the records are so delivered.
The law also requires that any individual who purchases used or secondhand jewelry with the
intent of selling it must provide an itemized, descriptive list of the jewelry to the retailer, wholesaler,
or smelter to whom it is sold, and must maintain the record of the sale for five years.
Under the law, a person who purchases any article of used or secondhand jewelry must
immediately report to an appropriate law enforcement agency any delivery or sale of used jewelry
under circumstances that would cause a reasonable person to believe the used jewelry was stolen or
otherwise inappropriately obtained.
The law provides that violations of its record-keeping provisions are presumed to be requisite
knowledge or belief for a violation of N.J.S.A.2C:20-7, which prohibits the receipt of stolen
property. As such, violations are punishable by the penalties established in N.J.S.A.2C:20-2 for
theft, which can range from a disorderly persons offense to a crime in the second degree, depending
on the value of the stolen goods.
- 2
