2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter I. General Provisions › § 2302. Reporting requirements.

§ 2302. Reporting requirements.
(a) Every pawnbroker and secondhand dealer shall create a record and provide information regarding merchandise acquired via an electronic format to be determined by the Secretary of Safety and Homeland Security.
(1) Such record shall include, at a minimum, the following information:
a. The date and time of purchase;
b. The make, model, identifying markings, color, size, any listed serial number, International Mobile Station Equipment Identity (IMEI), the Mobile Equipment Identifier (MEID), any unique identifying number assigned by the manufacturer, or any other identifiable characteristics of the purchased item or items;
c. If payment is based on weight for precious metal, the weight of the type of the metal shall be listed as well as any precious stone(s) which is a part of the item;
d. The amount or other consideration paid for the merchandise;
e. The name and address of the individual from whom the merchandise is acquired;
f. The signature of the individual from whom the merchandise is acquired;
g. For each individual from whom the pawn broker or secondhand dealer acquires scrap metal:
1. The date of birth and driver's license; or,
2. Identification information about the individual from a valid state-issued photo identification card that provides a physical description of the individual, including the sex, race, distinguishing features, and approximate age, height and weight of the individual.
(2) Pawnbrokers and secondhand dealers shall collect a photograph of the seller and all information pertaining to the seller, required on the electronic form, for every transaction regardless of value.
(3) Automated kiosks shall collect a right thumbprint image of the seller and all information pertaining to the seller including photograph and valid government issued identification, required on the electronic form, for every transaction regardless of value.
(b) (1) Every scrap metal processor shall create a record and provide information regarding scrap metal acquired via an electronic format to be determined by the Secretary of Safety and Homeland Security with respect to any of the following articles purchased or otherwise acquired:
a. Copper.
b. Silver.
c. Gold.
d. Brass.
e. Platinum.
f. Bronze.
g. Automobiles or automobile parts displaying a vehicle identification number (VIN).
h. Lead-acid batteries.
i. Catalytic converters.
(2) The record required by paragraph (b)(1) of this section must include all of the following information:
a. The date and time of purchase.
b. The type and grade of scrap metal, where applicable.
c. If payment is based on weight, the weight of each type and grade of scrap metal.
d. The amount or other consideration for the scrap metal or other items.
e. The registration plate number, make, and model of the vehicle used in the delivery of scrap metal or other items.
f. The name and address of the individual from whom the scrap metal or other items are acquired.
g. The signature of both of the following:
1. The individual from whom the scrap metal or other items are acquired.
2. The scrap metal processor.
h. For each individual from whom the scrap metal processor acquires scrap metal or other items, 1 of the following:
1. The date of birth and driver's license.
2. Identification information about the individual from a valid state-issued photo identification card that provides a physical description of the individual, including the sex, race, distinguishing features, and approximate age, height, and weight of the individual.
(3) Scrap metal processors must collect a photograph of the seller and all information pertaining to the seller, required on the electronic form, for every transaction regardless of value.
(4) In addition to the requirements set forth in paragraph (a)(2) of this section, for the purchase or acquisition of a catalytic converter, a scrap metal processor or other authorized purchaser must also record all of the following:
a. The business license number of the seller.
b. The name or identification of the employee responsible for making the purchase.
c. A description of the catalytic converter including any obvious markings such as paint, labels, or engravings that would aid in the identification of the catalytic converter.
d. The vehicle identification number of the vehicle from which the catalytic converter was removed.
e. A signed statement from the individual receiving consideration for the purchase stating that the individual is the rightful owner of the catalytic converter or is authorized to sell the catalytic converter.
f. A photocopy or scanned copy of the driver's license or state-issued photo identification card of the individual selling or transferring the catalytic converter to the scrap metal processor, which includes the type of card and any distinctive number on the card.
g. A digital photograph or video recording of the individual delivering or receiving consideration for the catalytic converter with the individual's facial features clearly visible and a digital photograph or video of the catalytic converter, as delivered or sold, with the type of metal property identifiable. The date and time of the purchase shall be digitally recorded on the digital photograph or video recording.
(c) The forms required by subsections (a) and (b) of this section shall be completed immediately after any articles or goods have been purchased or acquired and shall be submitted electronically by the close of business the next business day, in a format to be determined by the Secretary of the Department of Safety and Homeland Security, to the law-enforcement agency having primary jurisdiction over the area in which the business is located. If the article or good's serial number, IMEI, MEID, or other unique identifying number is not available at the time of purchase or receipt from an automated kiosk, the report filed pursuant to this section must be updated with the serial number, IMEI, MEID, or other unique identifying number as soon as possible. The holding requirements in § 2304(a)(1) of this title do not begin until all required reports are complete and submitted to the appropriate law-enforcement agency. Forms submitted under this section shall be kept confidential and are not public records.
(d) Pawnbrokers, secondhand dealers and scrap metal processors shall record the name of the person making the record entry and shall make that information available to police.
(e) The information provided on the forms under this section shall be stored and maintained by the pawnbroker, secondhand dealer, or scrap metal processor for a period of 1 year and shall be provided to police immediately upon request.
(f) The Secretary of the Department of Safety and Homeland Security may promulgate rules and regulations that allow for the completion and filing of electronic forms and information.
(g) (1) Articles purchased or otherwise acquired by a scrap metal processor shall be recorded via an electronic image, in either still or video format, and a copy of said image(s) is to be supplied at the specific request of a law-enforcement agency, within 24 hours of said request.
(2) The images referenced in paragraph (g)(1) of this section above will be kept on file by the scrap metal processor for a minimum of 30 days after the image was recorded.
24 Del. Laws, c. 162, §  5;  Code 1915, §  1200;  28 Del. Laws, c. 81, §  1;  Code 1935, §  1386;  47 Del. Laws, c. 263, §  1;  24 Del. C. 1953, §  2313;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 284, §  1;  76 Del. Laws, c. 349, §§  1, 2;  77 Del. Laws, c. 185, §  3;  77 Del. Laws, c. 338, §  1;  78 Del. Laws, c. 173, §  1;  78 Del. Laws, c. 184, §  7;  79 Del. Laws, c. 156, §§  1, 2;  79 Del. Laws, c. 299, §  1;  80 Del. Laws, c. 395, § 1;  83 Del. Laws, c. 296, § 1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 207, § 2;