O.C.G.A.

O.C.G.A. § 43-37-3 (2019)

Permanent records required; content

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Every dealer in precious metals or gems shall maintain a book, in permanent form, in which shall be entered at the time of each purchase of precious metals or gems or goods made from precious metals or gems the following:

(1) The date and time of the purchase;

(2) The name of the person making the purchase from the seller;

(3) The name, age, and address of the seller of the items purchased and the distinctive number from such seller’s driver’s license or other similar identification card containing a photo of the seller;

(4) A clear and accurate identification and description of the purchased goods, including the serial, model, or other number, and all identifying marks inscribed thereon;

(5) The price paid for the goods purchased;

(6) The number of the check issued for the purchase price, if payment is made by check; and

(7) The signature of the seller.

(b) The permanent record book required by this Code section shall be in legible English. Entries shall appear in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The book shall be maintained for each purchase of precious metals or gems or goods made from precious metals or gems for at least two years. The book shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business or at any reasonable time.

(c) Dealers exclusively engaged in buying or exchanging for merchandise scrap dental gold and silver from licensed dentists by registered or certified mail or statutory overnight delivery may record the post office record of the mailed parcel in lieu of the seller’s age and driver’s license number as required in paragraph (3) of subsection (a) of this Code section and in lieu of the seller’s signature as required in paragraph (7) of subsection (a) of this Code section.

History

Ga. L. 1981, p. 1570, § 3; Ga. L. 2000, p. 1589, § 3.

Annotations

Cross references. - Reports to judge of probate court by persons purchasing native gold, gold bullion, § 12-4-120 et seq.

Editor’s notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (c) is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS Cited in Worley v. State, 201 Ga. App. 795, 412 S.E.2d 845 (1991).

Notes of Decisions
Cited in 2 cases, 1987–1991 · leading case: Hamilton v. State, 361 S.E.2d 30 (Ga. Ct. App. 1987).
Hamilton v. State, 361 S.E.2d 30 (Ga. Ct. App. 1987). · cites it 4× “That is because in the first place, the statutory provision for record keeping by dealers in precious metals or gems relied on by the defense was erroneously cited; OCGA §§ 43-37-3 (b) and 43-37-6 are the pertinent laws.”
Worley v. State, 412 S.E.2d 845 (Ga. Ct. App. 1991). · cites it 2× “Similarly, we find no error in the trial court’s denial of appellant’s motions on Count V given that the transcript establishes that appellant testified the only permanent record maintained in the course of his business was a checkbook, the entries to which he admitted did not…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.