Sec. 2. (a) Except as provided in section 5 of this chapter, every valuable metal dealer in this state shall enter on forms provided under section 6 of this chapter by the state police department for each purchase of valuable metal the following information:

(1) The name and address of the valuable metal dealer.

Terms Used In Indiana Code 25-37.5-1-2

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • purchase: means acquiring a valuable metal product for a consideration, but does not include purchases between scrap metal processing facilities (as defined in IC 8-23-1-36). See Indiana Code 25-37.5-1-1
  • valuable metal: means any product made of metal that readily may be resold. See Indiana Code 25-37.5-1-1
  • valuable metal dealer: means any individual, firm, corporation, limited liability company, or partnership engaged in the business of purchasing and reselling valuable metal either at a permanently established place of business or in connection with a business of an itinerant nature, including junk shops, junk yards, junk stores, auto wreckers, scrap metal dealers or processors, salvage yards, collectors of or dealers in junk, and junk cars or trucks. See Indiana Code 25-37.5-1-1
(2) The date and place of each purchase.

(3) The name, address, age, and driver’s license number or Social Security number of the person or persons from whom the valuable metal was purchased.

(4) The valuable metal dealer shall verify the identity of the person from whom the valuable metal was purchased by use of a government issued photographic identification. The valuable metal dealer shall enter on the form the type of government issued photographic identification used to verify the identity of the person from whom the valuable metal was purchased, together with the:

(A) name of the government agency that issued the photographic identification; and

(B) identification number present on the government issued photographic identification.

(5) The motor vehicle license number of the vehicle or conveyance on which the valuable metal was delivered to the valuable metal dealer.

(6) The price paid for the metal.

(7) A description and weight of the valuable metal purchased.

(8) The source of the valuable metal.

(9) The photograph described in subsection (b).

After entering the information required in this subsection, the valuable metal dealer shall require the person or persons from whom the valuable metal is purchased to sign the form and verify its accuracy.

     (b) In addition to collecting the information described in subsection (a), a valuable metal dealer shall take a photograph of:

(1) the person from whom the valuable metal is being purchased; and

(2) the valuable metal.

     (c) In addition to the requirements of subsections (a) and (b), a valuable metal dealer shall keep a copy of the:

(1) bill of sale or other written documentation submitted by a person attempting to sell an air conditioner evaporator coil or condenser under section 8(c) of this chapter; and

(2) written documentation produced by a person attempting to sell a catalytic converter required by section 9(b) of this chapter.

     (d) A valuable metal dealer shall make and retain a copy of the government issued photographic identification described under subsection (a)(4) used to verify the identity of the person from whom valuable metal was purchased and the photograph described in subsection (b). However, a valuable metal dealer is not required to make a copy of a government issued photographic identification used under subsection (a)(4) to verify the identity of the person from whom valuable metal is purchased if the valuable metal dealer has retained a copy of a person’s government issued photographic identification from a prior purchase from the person by the valuable metal dealer.

     (e) The completed form, the photograph described in subsection (b), the copy of the bill of sale or other written documentation required by subsection (c), and the copy of the government issued photographic identification described in subsection (d) shall be kept in a separate book or register by the valuable metal dealer and shall be retained for a period of two (2) years. This book or register shall be made available for inspection by any law enforcement official at any time.

     (f) A valuable metal dealer may not accept a damaged or an undamaged metal beer keg if either of the following applies:

(1) The keg is clearly marked as the property of a brewery manufacturer.

(2) The keg’s identification markings have been made illegible.

Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11. As amended by P.L.145-1990, SEC.2; P.L.2-2007, SEC.350; P.L.170-2007, SEC.2; P.L.158-2009, SEC.4; P.L.134-2012, SEC.29; P.L.224-2013, SEC.6.