Existing law requires every secondhand dealer and coin dealer to report daily the receipt of all secondhand tangible personal property, except for firearms, which they have purchased, taken in trade or pawn, or accepted for sale on consignment or for auctioning, in accordance with certain provisions, to the statewide uniform electronic reporting system known as the California Pawn and SecondhandDealer System (CAPSS) , operated by the Department of Justice. Existing law requires the report to contain specified information, including the name and current address of the intended seller or pledger, and a form of identification for that person, which may include a Matricula Consular, in addition to another item of identification bearing an address. Existing law makes it a crime to commit perjury and also imposes various criminal penalties for violations of the secondhand goods provisions.
This bill would exempt a seller or pledger who verifies their identity using a Matricula Consular from the requirements that their name and current address be included in the report. The bill would specify that in these cases no personal identifying information would be reported to CAPSS. The bill would instead require each secondhand dealer or coin dealer to record and maintain the name, current address, and the Matricula Consular number of the seller or pledger for 3 years from the date the item was reported to CAPSS, and to also record and maintain a certification by the intended seller or pledger that they are the owner of the property or have the authority of the owner to seller or pledge the property, along with taking a legible fingerprint from that person. The bill would also require each secondhand dealer or coin dealer, upon receiving notification from local law enforcement that the item has been reported lost, stolen, or embezzled, to provide law enforcement with the information collected from the identification used by the intended seller or pledger. By expanding the scope of existing crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.

Statutes affected:
AB 1969: 21628 BPC
01/21/20 - Introduced: 21628 BPC
AB1969: 21628 BPC