2017 ORS 646A.065¹
Records required for transactions involving items of precious metal
  • maintenance required of precious metal secondhand dealer
  • retention of items of precious metal

(1) A precious metal secondhand dealer in this state shall maintain the following records with respect to each transaction conducted by the dealer:

(a) The full name, date of birth, current telephone number, current address and signature of the seller;

(b) The type and identification number of a currently valid government-issued photo identification that has been issued to the seller;

(c) A physical description of the seller; and

(d) An identifying description or a digital photograph of each item of precious metal that is the subject of the transaction.

(2) A precious metal secondhand dealer in this state shall:

(a) Maintain the records described in subsection (1) of this section for a period of at least one year after the date of the transaction; and

(b)(A) Maintain the records described in subsection (1) of this section at the location at which the dealer is engaged in precious metal secondhand dealing and allow inspection of the records by law enforcement officers upon request made during regular business hours; or

(B) If the dealer is a temporary precious metal secondhand dealer, maintain the records, or electronic copies of the records, at the current location where the dealer is engaged in precious metal secondhand dealing and allow inspection of the records or electronic copies by law enforcement officers upon request made during regular business hours.

(3) A precious metal secondhand dealer shall provide copies of records described in subsection (1) of this section if requested by law enforcement officers.

(4) A precious metal secondhand dealer in this state shall retain any item of precious metal acquired in a transaction for a period of seven days after the date of the transaction before the dealer may dispose of the item. The dealer shall keep items of precious metal subject to retention under this subsection segregated from other items, but at the location where the transaction occurred. The dealer shall allow inspection of items of precious metal subject to retention under this subsection if requested by law enforcement officers.

(5) Notwithstanding subsection (4) of this section, a temporary precious metal secondhand dealer may retain items subject to retention under subsection (4) of this section at a location of the dealer’s choosing in this state, but must provide an item of precious metal to a requesting law enforcement officer within 24 hours of the officer’s request for the item. Any cost incurred in providing a law enforcement officer with a requested item under this subsection shall be borne by the dealer. [2012 c.99 §2]

Law Review Cita­tions

52 WLR 451 (2016)

(formerly 646.315 to 646.375)

Notes of Decisions

Where purchaser fails to provide notice of condi­tion requiring repair, presump­tion does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Law Review Cita­tions

19 WLR 329 (1983)

1 Legislative Counsel Committee, CHAPTER 646A—Trade Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.