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Title: Cash Transactions Banned by Louisiana: Government Takes Private Property Without Due Process
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URL Source: http://www.sott.net/articles/show/2 ... e-Property-Without-Due-Process
Published: Oct 14, 2011
Author: Thad D. Ackel, Jr. Esq.
Post Date: 2011-10-14 14:01:06 by Capitalist Eric
Keywords: None
Views: 17384
Comments: 28
This summer, the State Legislature and Governor of Louisiana passed a law that bans individuals and businesses from transacting in cash if they are considered a "secondhand dealer". House Bill 195 of the 2011 Regular Session (Act 389) broadly defines a secondhand dealer to include "... Anyone, other than a non-profit entity, who buys, sells, trades in or otherwise acquires or disposes of junk or used or secondhand property more frequently than once per month from any other person, other than a non-profit entity, shall be deemed as being in the business of a secondhand dealer. " The law then states that "A secondhand dealer shall not enter into any cash transactions in payment for the purchase of junk or used or secondhand property. Payment shall be made in the form of check, electronic transfers, or money order issued to the seller of the junk or used or secondhand property..." The broad scope of this definition can essentially encompass everyone; from your local flea market vendors and buyers to a housewife purchasing goods on ebay or craigslist, to a group of guys trading baseball cards, they could all be considered secondhand dealers. Lawmakers in Louisiana have effectively banned its citizens from freely using United States legal tender.
The law goes further to require secondhand dealers to turn over a valuable business asset, namely, their business' proprietary client information. For every transaction a secondhand dealer must obtain the seller's personal information such as their name, address, driver's license number and the license plate number of the vehicle in which the goods were delivered. They must also make a detailed description of the item(s) purchased and submit this with the personal identification information of every transaction to the local policing authorities through electronic daily reports. If a seller cannot or refuses to produce to the secondhand dealer any of the required forms of identification, the secondhand dealer is prohibited from completing the transaction.
This legislation amounts to a public taking of private property without compensation. Regardless of whether or not the transaction information is connected with, or law enforcement is investigating a crime, individuals and businesses are forced to report routine business activity to the police. Can law enforcement not accomplish its goal of identifying potential thieves and locating stolen items in a far less intrusive manner? And of course, there are already laws that prohibit stealing, buying or selling stolen goods, laws that require businesses to account for transactions and laws that penalize individuals and businesses that transact in stolen property. Why does the Louisiana State Legislature need to enact more laws infringing on personal privacy, liberties and freedom?
Motivating the introduction of this legislation was an increase in criminal activity, necessitating law enforcement to develop additional tools in tracking potential criminals. Thefts of copper and other precious metals have risen recently with higher commodity prices and mounting pressures from the economic downturn. The added restrictions under this recent legislation have come about under the pretense of cracking down on crime and helping the government take care of you, all at the cost of your individual privacy, economic, civil liberty and freedom.
Interestingly enough, although Pawnshops are still required to obtain clients personal information and transmit their client database information to law enforcement, they are exempt from the restriction of cash payments. A jeweler next door to a pawnshop cannot offer clients the same payment method offered by its competing pawnshop neighbor.
Act 389 passed by unanimous consent of the Louisiana House of Representatives and only mustered one nay vote (Senator Neil Riser) from the State Senate. The governor signed legislation into law on July 1, 2011.
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This summer, the State Legislature and Governor of Louisiana passed a law that bans individuals and businesses from transacting in cash if they are considered a "secondhand dealer". House Bill 195 of the 2011 Regular Session (Act 389) broadly defines a secondhand dealer to include "... Anyone, other than a non-profit entity, who buys, sells, trades in or otherwise acquires or disposes of junk or used or secondhand property more frequently than once per month from any other person, other than a non-profit entity, shall be deemed as being in the business of a secondhand dealer. " The law then states that "A secondhand dealer shall not enter into any cash transactions in payment for the purchase of junk or used or secondhand property. Payment shall be made in the form of check, electronic transfers, or money order issued to the seller of the junk or used or secondhand property..." The broad scope of this definition can essentially encompass everyone; from your local flea market vendors and buyers to a housewife purchasing goods on ebay or craigslist, to a group of guys trading baseball cards, they could all be considered secondhand dealers. Lawmakers in Louisiana have effectively banned its citizens from freely using United States legal tender.
I would leave that state if I were you, Erica. All gold and metals are second hand.
When the people are afraid, that's when the greatest long term money is made.~~~~Clark Howard
#2. To: mininggold (#1)
In this article, LA stands for Louisiana.
When I say I live in LA, it means "Los Angeles."
You're NOT the brightest star in the sky, are you?
DUMMY DwarF: ...I'm eating a meatball...
Capitalist Eric: Foreplay before the president's staff?
"Whenver the dwarf sees something negative about a Democrat, he tries to change the topic of the thread to something else. Usually a personal attack, followed by mutterings about correct 'grammar' 'spelling' whatever. Anything he can think of to avoid a discussion about a Democrat screwing up or looking bad. It's a decade long pattern." --Badeye observation--
#3. To: mininggold (#1)
I would leave that state if I were you, Erica. All gold and metals are second hand.
I'm happy to see that you acknowledge that it is an unjust law.
#4. To: Capitalist Eric (#2)
In this article, LA stands for Louisiana.When I say I live in LA, it means "Los Angeles."
You're NOT the brightest star in the sky, are you?
Really???? You mean the Louisiana in the title needs further explanation?
When the people are afraid, that's when the greatest long term money is made.~~~~Clark Howard
#5. To: A K A Stone (#3)
I'm happy to see that you acknowledge that it is an unjust law.
If it's alright with those from LA (the state not the city), it's alright with me.
When the people are afraid, that's when the greatest long term money is made.~~~~Clark Howard
#6. To: A K A Stone, mininggold, Capitalist Eric (#3)
"I would leave that state if I were you, Erica. All gold and metals are second hand.""I'm happy to see that you acknowledge that it is an unjust law."
I'm sorry to say Stone, she did not acknowledge that law was unjust, she suggested Eric, or anyone who disagrees, to tuck tail and run, instead of standing their ground and fighting this unjust law. jmo
#7. To: mininggold (#5)
If it's alright with those from LA (the state not the city), it's alright with me.
You are, without a doubt, the perfect poster child for "TOO STUPID TO LIVE".....
#8. To: mininggold (#1)
afternoon ming...
Proxy IP's are amusing.....lmao
#9. To: Murron (#6)
I'm sorry to say Stone, she did not acknowledge that law was unjust, she suggested Eric, or anyone who disagrees, to tuck tail and run, instead of standing their ground and fighting this unjust law. jmo
I merely suggested that I respect state's rights. I'm not a citizen of LA (the state not the city), so there is nothing I can do about it. Maybe you would prefer to have the Feds (ie:Obama) sue LA (the state not the city) to change it, under some commerce clause.
When the people are afraid, that's when the greatest long term money is made.~~~~Clark Howard
#10. To: Badeye, Murron (#8)
afternoon ming...
Murron in an unTeaParty like fashion wants the feds to sue LA (the state not the city). You need to have a talk with her....
When the people are afraid, that's when the greatest long term money is made.~~~~Clark Howard
#11. To: Badeye (#8)
Afternoon, Boof...
[RENT THIS SPACE INSIDE BOOFER'S HEAD]
#12. To: mininggold, Capitalist Eric, Murron, Badeye, war (#1)
I merely suggested that I respect state's rights. I'm not a citizen of LA (the state not the city), so there is nothing I can do about it. Maybe you would prefer to have the Feds (ie:Obama) sue LA (the state not the city) to change it, under some commerce clause.
State's rights is what you guys yell about all the time. Louisiana is none of your business if you don't live there per your ideology.
In the end, state rights advocates are anything but....
"This is what economic policy in the West has become--a tool of the wealthy used to enrich themselves by spreading poverty among the rest of the population." Paul Craig Roberts
#13. To: mininggold (#10)
afternoon ming....
Proxy IP's are amusing.....lmao
#14. To: Godwinson (#12)
I didn't say anything about any of this, goodwincing.
Proxy IP's are amusing.....lmao
#15. To: Badeye (#13)
afternoon ming....
Top O' the afternoon to you.
When the people are afraid, that's when the greatest long term money is made.~~~~Clark Howard
#16. To: Badeye (#13)
I just copied and replied all the names on here - I was not even reading your comments.
"This is what economic policy in the West has become--a tool of the wealthy used to enrich themselves by spreading poverty among the rest of the population." Paul Craig Roberts
#17. To: Badeye (#13)
Afternoon, Boofer...
[RENT THIS SPACE INSIDE BOOFER'S HEAD]
#18. To: war (#17)
#19. To: Ferret Mike (#18)
Ha...
[RENT THIS SPACE INSIDE BOOFER'S HEAD]
#20. To: Godwinson, Murron, Badeye, (#12)
State's rights is what you guys yell about all the time. Louisiana is none of your business if you don't live there per your ideology.
[[[[slapping forehead with palm]]]]
As usual, you completely miss the point.
Feh!
DUMMY DwarF: ...I'm eating a meatball...
Capitalist Eric: Foreplay before the president's staff?
"Whenver the dwarf sees something negative about a Democrat, he tries to change the topic of the thread to something else. Usually a personal attack, followed by mutterings about correct 'grammar' 'spelling' whatever. Anything he can think of to avoid a discussion about a Democrat screwing up or looking bad. It's a decade long pattern." --Badeye observation--
#21. To: Godwinson (#16)
Thats okay, we've known for months thats how you produce YOUR comments.
Proxy IP's are amusing.....lmao
#22. To: Godwinson (#12)
State's rights is what you guys yell about all the time. Louisiana is none of your business if you don't live there per your ideology. In the end, state rights advocates are anything but....
You're so right, I know a hopeless cause when I see one, proceed with whatever it was you were doing before I rattled your chain, knuckle dragger.
"Louisiana is none of your business if you don't live there per your ideology"
#23. To: Capitalist Eric (#20)
State's rights is what you guys yell about all the time. Louisiana is none of your business if you don't live there per your ideology.
[[[[slapping forehead with palm]]]]
As usual, you completely miss the point.
Feh!
You'd think it would hurt to be that STUPID!
#24. To: Murron (#23)
Apparently not.
LMAO.
DUMMY DwarF: ...I'm eating a meatball...
Capitalist Eric: Foreplay before the president's staff?
"Whenver the dwarf sees something negative about a Democrat, he tries to change the topic of the thread to something else. Usually a personal attack, followed by mutterings about correct 'grammar' 'spelling' whatever. Anything he can think of to avoid a discussion about a Democrat screwing up or looking bad. It's a decade long pattern." --Badeye observation--
#25. To: Murron (#22)
You're so right, I know a hopeless cause when I see one, proceed with whatever it was you were doing before I rattled your chain, knuckle dragger
So who is that in the picture pushing the cart that Godwinson is riding in????
Someone Leftard from LF perhaps????
"CHANGE" you can step in..... 
My dogs have created more shovel ready jobs than the self appointed Messiah!!!
#26. To: CZ82 (#25)
So who is that in the picture pushing the cart that Godwinson is riding in????Someone Leftard from LF perhaps????
Ming...
#27. To: Murron (#26)
Ming...
I was under the impression that Ming was a female, the "person" pushing the cart looks like a cross dresser to me!!!!
Then again you may be right....LOL.... He/she seemed pretty interested in the article I posted a few days ago about getting a government paid for sex change!!!!
"CHANGE" you can step in..... My dogs have created more shovel ready jobs than the self appointed Messiah!!!
#28. To: CZ82 (#27)
Then again you may be right....LOL....He/she seemed pretty interested in the article I posted a few days ago about getting a government paid for sex change!!!!
LOL...and I was just guessing...aha
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