Michigan Compiled Laws

Mich. Comp. Laws § 445.404 (2026)

Second hand or junk dealer; sign; prerequisites; record; inspection.

✓ current as of July 2026
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SECONDHAND DEALERS AND JUNK DEALERS


Act 350 of 1917


445.404 Second hand or junk dealer; sign; prerequisites; record; inspection.

Sec. 4.

    (1) A second hand dealer or junk dealer shall post in a conspicuous place in or on its place of business a sign that states its name and occupation.

    (2) A second hand dealer or junk dealer shall make and maintain a separate book or other written or electronic record, numbered consecutively, and open to inspection by a member of a local law enforcement agency and the Michigan state police, in which the dealer writes or enters in the English language at the time of the purchase or exchange of any article, all of the following:

    (a) A description of the article.

    (b) The name, description, fingerprint, operator's or chauffeur's license or state identification number, registration plate number, and address of the individual from whom the article is purchased and received. The second hand dealer or junk dealer shall make a copy of the operator's license, chauffeur's license, or state identification card as part of the book or record.

    (c) The day and hour the purchase or exchange is made.

    (d) The location from which the item is obtained.

    (e) Subject to subsection (3), the method of payment.

    (3) A second hand dealer or junk dealer must pay for an item by check or by an electronic payment system, except that if payment is made by an automated recycling kiosk, the second hand dealer may pay cash for the item.

History: 1917, Act 350, Imd. Eff. May 10, 1917 ;-- CL 1929, 9761 ;-- CL 1948, 445.404 ;-- Am. 2006, Act 675, Eff. Mar. 30, 2007 ;-- Am. 2008, Act 428, Eff. Apr. 1, 2009 ;-- Am. 2018, Act 329, Eff. Sept. 30, 2018

Notes of Decisions
Cited in 3 cases, 1978–2009 · leading case: USA Cash 1, Inc. v. City of Saginaw, 776 N.W.2d 346 (Mich. Ct. App. 2009).
USA Cash 1, Inc. v. City of Saginaw, 776 N.W.2d 346 (Mich. Ct. App. 2009). · cites it 11× “PREEMPTION Stretch-A-Buck first argues that the city of Saginaw’s ordinance directly conflicts with the secondhand and junk dealers act, specifically MCL 445.404 and 445.405, and is therefore preempted by state law.”
People v. Hock Shop Inc., 681 N.W.2d 669 (Mich. Ct. App. 2004). “Criminal charges were then brought against the defendant for violating the secondhand and junk dealers act, for the failure as a secondhand merchandise dealer to record the purchase of the tape deck in a ledger book open to inspection, in violation of MCL 445.404, and for the…”
People v. Wilcox, 269 N.W.2d 256 (Mich. Ct. App. 1978). · cites it 3× “Brown of defendant’s 54-A District Court conviction for failure as a second-hand merchandise dealer to record the purchase of a tape deck in a ledger book open to inspection, contrary to MCL 445.404; MSA 19.714, and for failure to take and forward the seller’s thumb print with a…”
— Mich. Comp. Laws § 445.404(2) — 1 case
USA Cash 1, Inc. v. City of Saginaw, 776 N.W.2d 346 (Mich. Ct. App. 2009). “PREEMPTION Stretch-A-Buck first argues that the city of Saginaw’s ordinance directly conflicts with the secondhand and junk dealers act, specifically MCL 445.404 and 445.405, and is therefore preempted by state law.”
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.