Pawnbrokers, secondhand dealers, and coin dealers have to file special reports regarding the goods they purchase. These reports must be made to the California Pawn and Secondhand Dealer System (CAPSS). Businesses that don’t adhere to this requirement can be prosecuted under California Business and Professions Code Section 21628: Failure to Report by Pawnbroker.
You can learn more about the regulations for reporting purchases of property right here with the Simmrin Law Group. Find out more about how this charge is prosecuted by the court system and go over some common legal defenses for BPC 21628 charges.
California’s Legal Definition of Failure to Report by Pawnbroker
BPC 21628 is a law specifically used to deal with the actions of:
- Secondhand dealers
- Coin dealers
According to BPC 21628, these individuals are required to provide a report of tangible personal property that they:
- Took in trade or in pawn
- Accepted to auction or sell on consignment
These reports must be made with approved legal forms. Note that all reports must be made daily, or on the work day following the purchase or acquisition of the personal property. Holidays and weekends do not count towards work days for the purposes of BPC 21628 charges.
Information That Must be Reported by Pawnbrokers
We’ve established that pawnbrokers, secondhand dealers, and coin dealers must report the purchase of personal property. The state of California has a specific list of information that must be reported to avoid a BPC 21628 charge, including:
- The seller or pledger’s current address and name
- The seller or pledger’s personal identification
- A description of the sold or pledged property
- Certification of ownership from the seller or pledger
- Certification of the seller or pledger that all their information is complete and true
Note that pawnbrokers and secondhand dealers must also take a legible fingerprint from the pledger or seller per the orders of the Department of Justice. Coin dealers are not always subject to this rule, though they may be depending upon their local regulations.
Examples of BPC 21628 Violations
A pawnshop owner purchases several pieces of jewelry off of a man who offers to sell them cheaply as long as they are not reported. The pawnshop owner agrees, believing that the jewelry will sell before anyone notices. The owner could be prosecuted under BPC 21628.
A coin dealer is offered a number of rare coins by a couple. The coin dealer buys the coins and reports all but a few, which are especially valuable. He could be charged with failure to report by a pawnbroker for his actions.
Charges Like Failure to Report by a Pawnbroker in California
Pawnbrokers and secondhand dealers are required to report their purchases as a way to track goods stolen in acts of petty theft or grand theft California. This ties BPC 21628 charges closely to California Penal Code Section 496(a): Receiving Stolen Property.
Additionally, individuals who file reports that contain dishonest information could be charged under California Penal Code Section 115: Filing a False Document.
Penalties for Failure to Report by a Pawnbroker
Pawnbrokers, secondhand dealers, and coin dealers can face harsh penalties if they are convicted under BPC 21628. A conviction can lead to up to six months of jail time. Individuals can also be fined if they are found guilty of failure to report by a pawnbroker.
Defenses for Charges of Failure to Report by a Pawnbroker
You do not have to try to deal with a BPC 21628 charge on your own. You can get professional help on your side today by reaching out to a Los Angeles criminal defense lawyer. Your lawyer can take steps to resolve your case by working to show that:
You Reported the Sale or Pledge Within One Business Day
BPC 21628 does not require pawnbrokers, coin dealers, or secondhand dealers to report sales or pledges on weekends or holidays. You should not be convicted under BPC 21628 if you legally reported a sale or pledge, even if was several days later, if the intervening days were not business days.
You Didn’t Know That a Sale or Pledge was Unreported
Sometimes, the employees at a pawnshop or secondhand shop are unfamiliar with reporting regulations. If one of your employees failed to report a sale or a pledge without your knowledge, you could avoid a conviction under BPC 21628.
Get Help Facing Failure to Report by a Pawnbroker Charges
Dealing with a California Business and Professions Code Section 21628: Failure to Report by Pawnbroker charge on your own can be incredibly difficult. You can get professional assistance with these charges by reaching out to the Simmrin Law Group’s criminal defense lawyers in Los Angeles. Contact us now to get a FREE consultation.
You can start getting the legal guidance you need by calling (310) 896-2723 or filling out our online contact form.