REGULATIONS AND COMPLIANCE
In Florida, pawnbrokers are governed by
Florida Statute 539. This is a well-written statute that provides a good balance of consumer protections, pawnbroker rights, and law-enforcement aids. First conceived in 1996, it has been modified continuously, and covers every aspect of the pawnbroker trade.
Here is an example of a typical Florida Pawn Transaction Form:
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In addition, Pawnbrokers are governed by all of the major
federal laws that apply to other entities designated as financial institutions.
And if you trade in firearms you have to comply with the
Gun Control Act of 1968,
along with abiding by
Florida Statute 790, and more specifically,
Florida Statute 790.335, which was passed in 2004... and requires the
purging of firearms-related pawn records (in electronic format) within 60 days.
A tweak to this bill was recently passed...House
Bill 177, which was approved by Gov Charlie Crist on June 24, 2009 and went
into effect on July 1, 2009.
The essence of this new
law is ... If you hand-write your pawn tickets, and do not presently
download, and you already provide daily copies of your pawn tickets to law
enforcement, then this law does not apply. But,
if you are a pawnshop, AND you
pawn and buy firearms, AND you download your pawn tickets electronically:
you must now download
the Manufacturer and the Caliber in FCIC codes.
(Copy of this 400 page Adobe
document is available upon request)
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* DISCLAIMER; This is for informational purposes only, and not intended to
represent true legal advise on pawn procedures. Please contact an attorney
in your area for actual legal advise.
We go by all the rules & regulations that govern
our industry, doing it “by-the-book” all the time. In addition, we subscribe to
the NPA Code of Ethics:
1.
Strive to operate their business in such a manner as to enhance and
promote the positive and professional image of all pawnbrokers
2.
Maintain our places of business and their operations in a manner that
will reflect credit and professionalism on the pawn industry.
3.
Deal with our customers and the general public with honesty, making
service with integrity our constant goal.
4.
Engage in fair and vigorous competition to stimulate the continuous
growth and evolution of the pawn industry.
5.
Obey the laws that are enacted by the local, state, and federal
government and assist in the prosecution of those that do not.
6.
Strive to establish positive and long-lasting relations with our local,
state, and federal government officials.
7.
With respect to our common commitment to the National Pawnbrokers
Association, conduct themselves toward other members with the highest degree of
fairness and professionalism.
8.
Assist the National Pawnbrokers Association in promoting the good image
of the profession.
9.
Attempt to promote the Association to potential new members and will
assist the Association by identifying the potentials to increase its membership.
10.
Assist the Association in its day to day operations, participate in its
annual elections and cooperate and assist in special projects and
investigations.
11. Endeavor
to maintain our financial commitment to the Association.
12. Each
officer and representative of the Association shall conduct themselves in an
ethical and appropriate manner conducive to the benefit and welfare of this
Association.
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