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Session Laws, 1981
Volume 741, Page 1855   View pdf image
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HARRY HUGHES, Governor                               1855

(3) THE INFORMATION REQUIRED BY SUBSECTION (B)
OF THIS SECTION.

(G) THE RECORDS FILED UNDER THIS SECTION SHALL BE KEPT
CONFIDENTIAL AND ARE NOT PUBLIC RECORDS, ARE NOT SUBJECT TO
THE PROVISIONS OF THE PUBLIC INFORMATION ACT IN ARTICLE 76A
OF THIS CODE, AND MAY BE DESTROYED AFTER 1 YEAR.

(H) (1) ON REQUEST, THE DEALER SHALL PERMIT THE LOCAL
LAW ENFORCEMENT AGENCY ANY LAW ENFORCEMENT OFFICER
AUTHORIZED TO ACT IN THE JURISDICTION TO ENTER THE DEALER'S
BUSINESS OR STORAGE PREMISES DURING BUSINESS HOURS PURSUANT
TO A STOLEN PROPERTY INVESTIGATION TO INSPECT RECORDS AND
PRECIOUS METALS.

(2)  IF THE DEALER SO REQUESTS, INSPECTIONS SHALL
BE IN THE PRESENCE OF THE DEALER OR THE DEALER'S AGENT.

(3)  IF A DEALER REFUSES TO PERMIT ACCESS OR TO
PRODUCE RECORDS OR ITEMS FOR INSPECTION, THE LOCAL LAW
ENFORCEMENT AGENCY OFFICER SHALL OBTAIN A SEARCH WARRANT.

423.

(A)  ALL PRECIOUS METALS THAT COME INTO THE POSSESSION
OR CONTROL OF A DEALER SHALL BE HELD BY THE DEALER IN THE
JURISDICTION OF THE LAW ENFORCEMENT AGENCY WITH WHICH THE
DEALER FILES HIS RECORDS FOR 15 DAYS AFTER THE DEALER HAS
COMPLIED WITH THE RECORD FILING REQUIREMENTS OF § 422 OF
THIS SUBTITLE.

(B)  EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS
SECTION, DURING THE HOLDING PERIOD A DEALER MAY NOT ALTER
THE ITEM IN ANY WAY OR REMOVE THE ITEM OR RECORD OF THE
TRANSACTION CONCERNING THE ITEM FROM THE DEALER'S PLACE OF
BUSINESS EXCEPT TO A STORAGE FACILITY, DESCRIBED IN THE
DEALER'S LICENSE APPLICATION.

(C)  A DEALER MAY REQUEST IN WRITING AN EXCEPTION TO
THE HOLDING PERIOD AS TO ANY SPECIFIC ITEM OF MERCHANDISE
FROM THE LOCAL PRIMARY LAW ENFORCEMENT AGENCY WITH WHICH THE
DEALER FILES HIS RECORDS. THE LAW ENFORCEMENT AGENCY MAY
AUTHORIZE IN WRITING A SHORTER HOLDING PERIOD AFTER
INSPECTION OF THE ITEM. THE PRIMARY LAW ENFORCEMENT AGENCY
SHALL ACT TO APPROVE OR DENY THE DEALER'S WRITTEN REQUEST
WITHIN 48 HOURS AFTER THE PRIMARY LAW ENFORCEMENT AGENCY
RECEIVES THE WRITTEN REQUEST. IF THE REQUEST IS DENIED, THE
REASONS SHALL BE STATED IN WRITING.

(D)  DURING THE HOLDING PERIOD, A LICENSEE MAY
CHEMICALLY TEST ITEMS CONTAINING PRECIOUS METALS TO
DETERMINE THEIR METAL CONTENT OR VALUE PROVIDED THAT THE
ITEMS ARE NOT ALTERED IN ANY WAY THAT WOULD AFFECT THEIR
IDENTIFICATION OR VALUE.

424.

 

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Session Laws, 1981
Volume 741, Page 1855   View pdf image
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