Unlawful Acts; Penalty

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Dealers in Precious Metals and Gems
  5. Unlawful Acts; Penalty

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  1. It shall be unlawful for any dealer in precious metals or gems or any agent or employee of a dealer in precious metals or gems who makes purchases of precious metals or gems or of goods made from precious metals or gems to:
    1. Make any false statement in the registration provided for in Code Section 43-37-2;
    2. Fail to maintain and make entries in the permanent record book as required by Code Section 43-37-3;
    3. Make any false entry in such permanent record book;
    4. Falsify, obliterate, destroy, or remove from the place of business such permanent record book;
    5. Refuse to allow any duly authorized law enforcement officer to inspect such permanent record book, or any precious metals or gems or goods made from precious metals or gems in his possession, during the ordinary hours of business or at any reasonable time;
    6. Sell, exchange, or remove from the legal possession of the buyer, or to alter the form of, any precious metals or gems or goods made from precious metals or gems purchased by remounting, melting, cutting up, or otherwise altering the original form until at least seven calendar days have elapsed from the time of purchase or acquisition;
    7. Fail to make the written report as required in Code Section 43-37-4; or
    8. Purchase any precious metals or gems from any person under 17 years of age.
  2. It shall be unlawful for any person to advertise or transact business as a dealer in precious metals or gems without first registering pursuant to Code Section 43-37-2.
  3. It shall be unlawful for any dealer in precious metals or gems to purchase precious metals in a melted or smelted state unless the purchase is from a registered dealer in precious metals or gems.
  4. If the appropriate law enforcement officer of the county or municipality has probable cause to believe that precious metals or gems have been stolen, he may give notice in writing to the dealer to retain the precious metals or gems for an additional 15 days; and it shall be unlawful for the dealer to dispose of the property unless the notice is revoked in writing within the 15 day period.
  5. Any person who violates this Code section shall be guilty of a misdemeanor.

(Ga. L. 1981, p. 1570, §§ 5, 6; Ga. L. 1982, p. 1504, §§ 4, 8.)


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