CHAPTER 13. USED JEWELRY SALES
IC 24-4-13
Chapter 13. Used Jewelry Sales
IC 24-4-13-1
Definitions
Sec. 1. For purposes of this chapter:
(1) "jewelry" means personal ornaments made of precious
metals that may or may not contain precious, semiprecious, or
imitation stones;
(2) "used jewelry" means jewelry previously purchased at retail,
acquired by gift, or obtained in some other fashion by a
consumer that is later sold to a jeweler by a consumer or a
person who has acquired jewelry from a consumer;
(3) "jeweler" means a person engaged in the purchase and resale
of jewelry;
(4) "person" means an individual, a firm, an association, a
limited liability company, a partnership, a joint stock
association, a trust, or a corporation; and
(5) "seller" means a consumer or other person who sells used
jewelry to a jeweler.
As added by P.L.97-2003, SEC.1.
IC 24-4-13-2
Applicability
Sec. 2. A jeweler who purchases or resells used jewelry must
comply with this chapter. However, this chapter does not apply to
jewelry used by a customer as a trade-in toward the purchase of a
new piece of jewelry.
As added by P.L.97-2003, SEC.1.
IC 24-4-13-3
Books, accounts, and records
Sec. 3. (a) A jeweler shall keep and use in the jeweler's business
the books, accounts, and records necessary to determine whether the
jeweler is complying with this chapter.
(b) A jeweler shall preserve the books, accounts, and records,
including cards used in the card system, for at least two (2) years
after making the final entry on any purchase recorded.
(c) The jeweler shall keep the books and records so that the
business of purchasing for resale of used jewelry may be readily
separated and distinguished from any other business in which the
jeweler is engaged.
(d) If a jeweler, in the conduct of the business, purchases an
article of used jewelry from a seller, the purchase shall be evidenced
by a bill of sale properly signed by the seller. All bills of sale must
be in duplicate and must list the following separate items:
(1) Date of sale.
(2) Amount of consideration.
(3) Name of jeweler.
(4) Description of each article of used jewelry sold. However,
if multiple articles of used jewelry of a similar nature are
delivered together in one (1) transaction, the description of the
articles is adequate if the description contains the quantity of
the articles delivered and a physical description of the type of
articles delivered, including any unique identifying marks,
numbers, names, letters, or special features.
(5) Signature of seller.
(6) Address of seller.
(7) Date of birth of the seller.
(8) The type of government issued identification used to verify
the identity of the seller, together with the name of the
governmental agency that issued the identification and the
identification number present on the government issued
identification.
(e) The original copy of the bill of sale shall be retained by the
jeweler. The second copy shall be delivered to the seller by the
jeweler at the time of sale. The heading on all bill of sale forms must
be in boldface type.
As added by P.L.97-2003, SEC.1.
IC 24-4-13-4
Examination of records by law enforcement agencies
Sec. 4. (a) The jeweler shall make the records and information
under section 3 of this chapter available for examination upon the
request of a law enforcement agency (as defined in IC 5-2-5-1).
(b) The law enforcement agency under subsection (a) shall
determine if:
(1) the records are sufficient; and
(2) the jeweler has made the information reasonably available.
As added by P.L.97-2003, SEC.1.
IC 24-4-13-5
Unlawful transactions
Sec. 5. A jeweler may not purchase used jewelry:
(1) from an individual less than eighteen (18) years of age; or
(2) that the jeweler believes or should have reason to believe is
stolen property acquired as a result of a crime.
As added by P.L.97-2003, SEC.1.
IC 24-4-13-6
Violations
Sec. 6. A person who violates this chapter commits a Class A
misdemeanor.
As added by P.L.97-2003, SEC.1.
IC 24-4-13-7
Confidentiality
Sec. 7. (a) Records and information generated by a jeweler in the
course of business are confidential under IC 5-14-3-4.
(b) A law enforcement officer (as defined in IC 3-6-6-36(a)) may
obtain or receive records and information described in subsection (a)
relating to the purchase of used jewelry for use in investigating
crime.
(c) Law enforcement officials may disclose the name and address
of the jeweler to an adverse claimant in the case of a dispute over
ownership of property in possession of the jeweler.
As added by P.L.97-2003, SEC.1.