§ 12-12-103 - Pawnshop records -- Penalty. - Arkansas Statutes

12-12-103. Pawnshop records -- Penalty.

(a) It shall be the duty of each and every pawnshop and pawnbroker doing business in the State of Arkansas to keep a record showing in detail all property pawned with them.

(b) (1) The records required under subsection (a) of this section shall include:

(A) A detailed record of each and every transaction, including the type of identification displayed by the person from whom the property was received;

(B) The name, address, race, sex, height, weight, and date of birth of the person from whom the property was received;

(C) The driver's license number, personal identification number issued under 27-16-805, or the number from some other form of photographic identification of the person from whom the property was received; and

(D) A description of each item pawned, including, but not limited to, identifying numbers or serial numbers.

(2) The records shall be maintained on the following form: Click here to view image.

(c) (1) (A) One (1) copy of the records required under subsection (a) of this section shall be maintained on file with the pawnshop or pawnbroker for a period of three (3) years.

(B) The Director of the Department of Arkansas State Police, any member of the Department of Arkansas State Police, any county sheriff or deputy of the county, or any police officer of the municipality in which the pawnshop or pawnbroker is located shall have access to all such records at any reasonable time.

(2) The director, the county sheriff, or the chief of police in any county or municipality in which the pawnshop is located may require a report of such transactions for such periods of time as he or she shall deem necessary for the efficient enforcement of the criminal laws or to aid in criminal investigations.

(d) (1) The failure on the part of any pawnbroker, owner, or operator of a pawnshop to comply with a provision of this section shall be a violation.

(2) Upon conviction the offender shall be punished by a fine of not more than one thousand dollars ($1,000).

(3) Each day a pawnbroker, owner, or operator fails to comply with a provision of this section shall constitute a separate offense and shall be punished accordingly.

(e) (1) Any city or county may require by ordinance that pawnshops and pawnbrokers:

(A) Submit the records required by this section in a designated electronic format; and

(B) Daily upload data to a centralized secure tracking system to be chosen by the city or county.

(2) The electronic records submitted under this subsection (e) shall be used for the sole purpose of investigating crimes involving property.

(3) Pawnshops, pawnbrokers, and pawn customers shall not be required to incur any costs or increased fees as a result of the city or county collecting and processing records required by this section electronically.