§ 66-169. Records to be kept.
§ 66‑169. Records to bekept.
(a) Every dealer towhom a permit has been issued pursuant to G.S. 66‑165 shall maintainconsecutively numbered records of each precious metals transaction. Eachconsecutively numbered record shall be made at the time of the transaction andshall contain a clear and accurate description of the transaction. A validdescription shall include each of the following applicable and available itemsof information: the manufacturer's name, the model, the model number, theserial number, and any engraved numbers or initials found on the items; thedate of the transaction; the name, sex, race, residence, telephone number anddriver's license number of the person selling the items purchased; and thesignature of both the dealer or registered employee and the seller. In theevent the seller cannot furnish valid, unexpired photographic identification inthe form of a drivers license, State‑issued identification card,passport, or military identification card, the dealer shall require two formsof positive identification.
(b) The consecutivelynumbered records required by this section shall be kept either (i) in apaginated, bound book or set of books with pages numbered in sequence or (ii)in an electronic database that prevents record deletion, tracks allmodifications to records, and provides for electronic signatures.
(c) The records shallbe open at all reasonable times to inspection on the premises by lawenforcement agencies, and an individual record shall be retained for at leasttwo years after a transaction. If a dealer maintains a record book rather thanan electronic database, the book shall be retained until at least two yearsfollowing the last recorded transaction.
(d) A copy of eachconsecutively numbered record entry shall be filed within 48 hours of thetransaction in the office of the local law enforcement agency. Records shall befiled in the manner authorized by the local law enforcement agency, which mayinclude reporting electronically by transmission over a computer network, byfacsimile machine, or by hand delivering hard copies to the local lawenforcement agency. In any case where a technological failure prevents a dealerfrom reporting electronically or by facsimile, the dealer shall have the optionof hand delivering a hard copy of the record to the local law enforcementagency. Regardless of the manner in which the local law enforcement agencyallows reporting, a dealer shall provide a hard copy of records upon therequest of a law enforcement agency.
(e) The files of locallaw enforcement agencies that contain copies of records shall not be subject toinspection and examination as authorized by G.S. 132‑6. Any publicofficial or employee who shall knowingly and willfully permit any person tohave access to or custody or possession of any portion of such files, unlessthe person is one specifically authorized by the local law enforcement agencyto have access for purposes of law enforcement investigation or civil orcriminal proceedings, shall be guilty of a Class 3 misdemeanor and uponconviction shall only be fined up to five hundred dollars ($500.00) in thediscretion of the court. (1981, c. 956, s. 1; 1993, c. 539, s. 526; 1994, Ex.Sess., c. 24, s. 14(c); 2009‑482, s. 4.)