CHAPTER 13. USED JEWELRY SALES

IC 24-4-13
    Chapter 13. Used Jewelry Sales

IC 24-4-13-1
Definitions
    Sec. 1. For purposes of this chapter:
        (1) "jewelry" means personal ornaments made of preciousmetals that may or may not contain precious, semiprecious, orimitation stones;
        (2) "used jewelry" means jewelry previously purchased at retail,acquired by gift, or obtained in some other fashion by aconsumer that is later sold to a jeweler by a consumer or aperson who has acquired jewelry from a consumer;
        (3) "jeweler" means a person engaged in the purchase and resaleof jewelry;
        (4) "person" means an individual, a firm, an association, alimited liability company, a partnership, a joint stockassociation, a trust, or a corporation; and
        (5) "seller" means a consumer or other person who sells usedjewelry to a jeweler.
As added by P.L.97-2003, SEC.1.

IC 24-4-13-2
Applicability
    Sec. 2. A jeweler who purchases or resells used jewelry mustcomply with this chapter. However, this chapter does not apply tojewelry used by a customer as a trade-in toward the purchase of anew piece of jewelry.
As added by P.L.97-2003, SEC.1.

IC 24-4-13-3
Books, accounts, and records
    Sec. 3. (a) A jeweler shall keep and use in the jeweler's businessthe books, accounts, and records necessary to determine whether thejeweler is complying with this chapter.
    (b) A jeweler shall preserve the books, accounts, and records,including cards used in the card system, for at least two (2) yearsafter making the final entry on any purchase recorded.
    (c) The jeweler shall keep the books and records so that thebusiness of purchasing for resale of used jewelry may be readilyseparated and distinguished from any other business in which thejeweler is engaged.
    (d) If a jeweler, in the conduct of the business, purchases anarticle of used jewelry from a seller, the purchase shall be evidencedby a bill of sale properly signed by the seller. All bills of sale mustbe in duplicate and must list the following separate items:
        (1) Date of sale.
        (2) Amount of consideration.
        (3) Name of jeweler.
        (4) Description of each article of used jewelry sold. However,

if multiple articles of used jewelry of a similar nature aredelivered together in one (1) transaction, the description of thearticles is adequate if the description contains the quantity ofthe articles delivered and a physical description of the type ofarticles delivered, including any unique identifying marks,numbers, names, letters, or special features.
        (5) Signature of seller.
        (6) Address of seller.
        (7) Date of birth of the seller.
        (8) The type of government issued identification used to verifythe identity of the seller, together with the name of thegovernmental agency that issued the identification and theidentification number present on the government issuedidentification.
    (e) The original copy of the bill of sale shall be retained by thejeweler. The second copy shall be delivered to the seller by thejeweler at the time of sale. The heading on all bill of sale forms mustbe in boldface type.
As added by P.L.97-2003, SEC.1.

IC 24-4-13-4
Examination of records by law enforcement agencies
    Sec. 4. (a) The jeweler shall make the records and informationunder section 3 of this chapter available for examination upon therequest of a law enforcement agency (as defined in IC 5-2-5-1).
    (b) The law enforcement agency under subsection (a) shalldetermine if:
        (1) the records are sufficient; and
        (2) the jeweler has made the information reasonably available.
As added by P.L.97-2003, SEC.1.

IC 24-4-13-5
Unlawful transactions
    Sec. 5. A jeweler may not purchase used jewelry:
        (1) from an individual less than eighteen (18) years of age; or
        (2) that the jeweler believes or should have reason to believe isstolen property acquired as a result of a crime.
As added by P.L.97-2003, SEC.1.

IC 24-4-13-6
Violations
    Sec. 6. A person who violates this chapter commits a Class Amisdemeanor.
As added by P.L.97-2003, SEC.1.

IC 24-4-13-7
Confidentiality
    Sec. 7. (a) Records and information generated by a jeweler in thecourse of business are confidential under IC 5-14-3-4.
    (b) A law enforcement officer (as defined in IC 3-6-6-36(a)) may

obtain or receive records and information described in subsection (a)relating to the purchase of used jewelry for use in investigatingcrime.
    (c) Law enforcement officials may disclose the name and addressof the jeweler to an adverse claimant in the case of a dispute overownership of property in possession of the jeweler.
As added by P.L.97-2003, SEC.1.