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Law Bans Cash for Second Hand Transactions
KFLY ^ | 10/18/2011 | Doug MacDiarmid

Posted on 10/20/2011 6:20:02 PM PDT by RobertClark

Cold hard cash. It's good everywhere you go, right? You can use it to pay for anything.

But that's not the case here in Louisiana now. It's a law that was passed during this year's busy legislative session.

House bill 195 basically says those who buy and sell second hand goods cannot use cash to make those transactions, and it flew so far under the radar most businesses don't even know about it.

"We're gonna lose a lot of business," says Danny Guidry, who owns the Pioneer Trading Post in Lafayette. He deals in buying and selling unique second hand items.

"We don't want this cash transaction to be taken away from us. It's an everyday transaction," Guidry explains.

Guidry says, "I think everyone in this business once they find out about it. They're will definitely be a lot of uproar."

The law states those who buy or sell second hand goods are prohibited from using cash. State representative Rickey Hardy co-authored the bill.

Hardy says, "they give a check or a cashiers money order, or electronic one of those three mechanisms is used."

Hardy says the bill is targeted at criminals who steal anything from copper to televisions, and sell them for a quick buck. Having a paper trail will make it easier for law enforcement.

"It's a mechanism to be used so the police department has something to go on and have a lead," explains Hardy.

Guidry feels his store shouldn't have to change it's ways of doing business, because he may possibly buy or sell stolen goods. Something he says has happened once in his eight years.

"We are being targeted for something we shouldn't be."

Besides non-profit resellers like Goodwill, and garage sales, the language of the bill encompasses stores like the Pioneer Trading Post and flea markets.

Lawyer Thad Ackel Jr. feels the passage of this bill begins a slippery slope for economic freedom in the state.

"The government is placing a significant restriction on individuals transacting in their own private property," says Ackel.

Pawn shops have been forced to keep records of their clients for years. However under this bill they are still allowed to deal in cash.


TOPICS: Business/Economy; Culture/Society; Government; News/Current Events
KEYWORDS: alldebts; cash; legaltender; louisiana; money; publicandprivate
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It makes sense to track transaction involving metals (copper and such) that are stolen and turned into cash at salvage facilities easily, but requiring checks or money orders for yard sales or other thrift transactions is just plain stupid. I bet the IRS LOVES the new requirement and will require the transactions be reported as income appropriately?!?
1 posted on 10/20/2011 6:20:04 PM PDT by RobertClark
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To: RobertClark

Did Bobby Jindal sign this atrocity?

I hope not!

If so, he just went down in my book.


2 posted on 10/20/2011 6:25:26 PM PDT by diverteach (If I find liberals in heaven after my death.....I WILL BE PISSED!!!)
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To: RobertClark

Given the liberties take with it, the Commerce Clause will be an easy path to striking this down.


3 posted on 10/20/2011 6:25:32 PM PDT by bolobaby
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To: RobertClark

So If I live in LA and sell my dirt bike to someone , I have to take a check?

I don’t think so!

Regulate democrats and not the rest of us.


4 posted on 10/20/2011 6:26:58 PM PDT by NoLibZone (Democrats are violent. Prisons are overflowing with democrats convicted of violent crimes.)
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Comment #5 Removed by Moderator

To: RobertClark

“This note is legal tender for all debts, public and private.”

“No, it isn’t.”


6 posted on 10/20/2011 6:28:04 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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Comment #7 Removed by Moderator

To: RobertClark
U.S. Constitution

``Section 8

The Congress shall have Power ...

To coin Money, regulate the Value thereof..``

Conversely states cannt usurp nor nullify the Consitutional powers of Congress-

States cannot issue coins nor paper currency nor REGULATE the Value thereof-

Factually unconstitutional

8 posted on 10/20/2011 6:31:23 PM PDT by bunkerhill7
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To: NoLibZone

Good luck catching anything that needs to be registered like a car.


9 posted on 10/20/2011 6:32:29 PM PDT by cripplecreek (A vote for Amnesty is a vote for a permanent Democrat majority. ..Choose well.)
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To: RobertClark

Rev 13:16 Also it causes all, both small and great, both rich and poor, both free and slave,[e] to be marked on the right hand or the forehead, 17so that no one can buy or sell unless he has the mark, that is, the name of the beast or the number of its name.


10 posted on 10/20/2011 6:34:21 PM PDT by Raycpa
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To: RobertClark

Wonder what they would say about bartering? The good old days when you paid your doctor with a couple of chickens or a sack of apples.


11 posted on 10/20/2011 6:34:31 PM PDT by Evil Slayer (Onward, Christian soldiers, marching as to war)
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To: RobertClark

This is a revenue bill, that is all. They want to collect sales taxes on the goods.


12 posted on 10/20/2011 6:34:57 PM PDT by Thunder90 (Fighting for truth and the American way... http://citizensfortruthandtheamericanway.blogspot.com/)
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To: Evil Slayer

I just got 2 dozen quarts of home canned tomatoes for a chain saw tune up, 4 chains sharpened and 5 lbs of dry beans.


13 posted on 10/20/2011 6:39:58 PM PDT by cripplecreek (A vote for Amnesty is a vote for a permanent Democrat majority. ..Choose well.)
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To: RobertClark
I do not expect this to survive five minutes into it's first court challenge. All that's needed is proper ID of the seller, much easier than following a check through half a dozen parties without reasonable doubt torpedoing a case.

Obviously it's not about metal thieves, it's about statist tyrannical control.

14 posted on 10/20/2011 6:40:17 PM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it. (plagiarized))
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To: All

Disobey, Louisiana!

Louisiana will be SOL on garage sales—between their law and fed law:

Americans who slap $1 pricetags on their used possessions at garage sales or bazaar events risk being slapped with fines of up to $15 million, thanks to a new government campaign.

The “Resale Round-up,” launched by the Consumer Product Safety Commission, enforces new limits on lead in children’s products and makes it illegal to sell any items that don’t meet those limits or have been recalled for any other reason.
http://www.foxnews.com/us/2009/09/18/new-government-policy-imposes-strict-standards-garage-sales-nationwide/


15 posted on 10/20/2011 6:45:24 PM PDT by Irenic
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To: RobertClark

I buy and sell coins as a collector, and whenver I come across silver in my pocket change I sell it to the local coin shop. The totals are always small as most coins are worth less than $100.00, I can’t imagine a store owner having to wrtite 1000s of checks per year for a couple dollars each, especially to regualr customers.


16 posted on 10/20/2011 6:46:51 PM PDT by LukeL (Barack Obama: Jimmy Carter 2 Electric Boogaloo)
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Name Another Site Where You Can Get As Much Information

Can't Think Of One?

Then Why Don't You Donate

17 posted on 10/20/2011 6:49:50 PM PDT by DJ MacWoW (America! The wolves are here! What will you do?)
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To: Thunder90

That’s it. What about garage sales? Buying or selling gold or silver? Isn’t LA a red state? Very nasty.


18 posted on 10/20/2011 6:50:14 PM PDT by grumpygresh (Democrats delenda est)
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To: Irenic

“[Jonathan Adler, August 3, 2009 at 7:01pm] Trackbacks

The End of Vintage Kids’ Books?

Some readers were confused about my comment below that the Consumer Product Safety Improvement Act is having a negative impact on used booksellers. In short, the CPSIA bars the sale of children’s books printed before 1985 due to concern that the ink might contain lead. As the Washington Post reported:

Legislation passed by Congress last August in response to fears of lead-tainted toys imported from China went into effect last month. Consumer groups and safety advocates have praised it for its far-reaching protections. But libraries and book resellers such as Goodwill are worried about one small part of the law: a ban on distributing children’s books printed before 1985.”

http://volokh.com/posts/1249340466.shtml


19 posted on 10/20/2011 6:55:15 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: diverteach
2011-07-01 - Signed by the Governor. Becomes Act No. 389.

I'm afraid he did.

20 posted on 10/20/2011 6:56:51 PM PDT by newzjunkey (Republicans will find a way to reelect Obama.)
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To: RobertClark

The purpose is not to track criminals.

Its purpose is to make criminals of law abiding citizens so they can be monitored.


21 posted on 10/20/2011 6:58:08 PM PDT by ChildOfThe60s ( If you can remember the 60s....you weren't really there)
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To: combat_boots

Sometimes my tinfoil hat gets the better of me and I start to fret.

With e-books, laws such as this and schools moving away from bound books—will we end up without books at some point?

Have a society that has forgotten how to read?

It would be similar to that movie *The Book of Eli*

Yeah, yeah, I know that’s ridiculous drama but I do worry about what we are losing.


22 posted on 10/20/2011 7:05:58 PM PDT by Irenic
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To: RobertClark

This law makes no sense at all in a free country. The profligate spending of the government is what is causing metals to be worth stealing and selling in the first place. THEY have so devalued the Federal Reserve Note called a Dollar, that copper pennies are worth $.025, instead of $.01. Now they want their foot in the door to all transactions of cash. That is what this is.


23 posted on 10/20/2011 7:06:46 PM PDT by runninglips (Republicans = 99 lb weaklings of politics.)
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To: Navy Patriot
I hope you are right. I also hope people are standing in line to challenge this in court.

If it survives in LA, we can look for other states to try similar nonsense.

24 posted on 10/20/2011 7:06:54 PM PDT by susannah59
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To: cripplecreek

Around here 10 to 15% for cash is not unusual, a buck is a buck, maybe.


25 posted on 10/20/2011 7:07:20 PM PDT by Little Bill (Sorry)
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To: RobertClark

I am a first hand business,e I provide my services for cash, gold or guns - business will survive


26 posted on 10/20/2011 7:08:47 PM PDT by WorkerbeeCitizen (I STAND WITH ISREAL)
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To: RobertClark

How about...IGNORE THE GOVERNMENT AND DENY EVERYTHING.


27 posted on 10/20/2011 7:15:31 PM PDT by struggle
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To: RobertClark

They can kiss my southern ass. I pay cash out of pure spite now that they have proclaimed it illegal.

Government asswipes.


28 posted on 10/20/2011 7:16:48 PM PDT by Soothesayer9
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To: JustaDumbBlonde

Shucks... looks like I am not going to be able to buy Okra from y’all


29 posted on 10/20/2011 7:20:37 PM PDT by tubebender (She was only a whiskey maker, but I loved her still.)
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To: RobertClark

Garage Sales??? What a bunch of morons. I can see the rubber checks bouncing now.

Many people who go to second hand stores and Goodwill cannot afford the cost of a checking account. Did anyone think of that?

I predict this law has a short shelf life.


30 posted on 10/20/2011 7:22:20 PM PDT by Protect the Bill of Rights
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To: RobertClark
Hardy says the bill is targeted at criminals who steal anything from copper to televisions, and sell them for a quick buck. Having a paper trail will make it easier for law enforcement.

Why not just require RECEIPTS for cash transactions? They could use the books that have an original that is given to the customer, and a copy that's retained by the store.

31 posted on 10/20/2011 7:25:44 PM PDT by SuziQ
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To: Protect the Bill of Rights
Many people who go to second hand stores and Goodwill cannot afford the cost of a checking account. Did anyone think of that?

I can hear it now: That's racist! What do you mean that I can't spend the cash proceeds from my drug dealing in the manner that I see fit?!?

32 posted on 10/20/2011 7:28:37 PM PDT by RobertClark (It's better to look goofy with a rifle, than civilized with an exit wound.)
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To: RobertClark

What is legal tender?


33 posted on 10/20/2011 7:29:06 PM PDT by Logical me
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To: Logical me
What is legal tender?

I'll take worthless green paper stamped Federal Reserve Note for 2000, Alex.

34 posted on 10/20/2011 7:31:08 PM PDT by RobertClark (It's better to look goofy with a rifle, than civilized with an exit wound.)
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To: SuziQ

Because unless they make a copy of a DL or something, a receipt or ledger entry, whatever, doesn’t really give the cops anything to go on but what somebody said their name and address were. So the cops (I think) attempt to kill two birds here- discourage sellers who don’t want a record of the transaction (them cashing or depositing a check) and provide the info they need to easily find someone who does take the check.


35 posted on 10/20/2011 7:31:08 PM PDT by visualops (artlife.us)
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To: Soothesayer9

if you are an illegal, do you just use the stolen id of the ss# u r usiing to buy stuff?


36 posted on 10/20/2011 7:36:25 PM PDT by mriguy67
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To: RobertClark

37 posted on 10/20/2011 7:41:21 PM PDT by E. Pluribus Unum ("Government does not solve problems; it subsidizes them." --Ronald Reagan)
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To: RobertClark

Posted already with long discussion:

http://www.freerepublic.com/focus/f-news/2795393/posts


38 posted on 10/20/2011 7:45:00 PM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: combat_boots
the CPSIA bars the sale of children’s books printed before 1985 due to concern that the ink might contain lead. As the Washington Post reported:

Life "might" contain risks. Deal with it.

39 posted on 10/20/2011 7:47:44 PM PDT by lightman (Adjutorium nostrum (+) in nomine Domini)
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To: RobertClark

The United States Congress says that cash is legal tender. The Louisiana legislature says no it is not for resale transactions.

Want to bet that the US Congress wins this one. Not only will they, but they should.


40 posted on 10/20/2011 7:50:22 PM PDT by JLS (How to turn a recession into a depression: elect a Dem president with a big majorities in Congress)
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To: RobertClark

Bookmark


41 posted on 10/20/2011 7:50:40 PM PDT by DocRock (All they that TAKE the sword shall perish with the sword. Matthew 26:52 Gun grabbers beware.)
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To: RobertClark

“Good Intentions” do not counteract stupid.
For crying out loud, you can get a money order in any name and pay for it with cash. You can make a check out to cash.
You can fix ignorant, but there’s little you can do about stupid.
This is such a blatant act of foolish feelgoodism, that Huey Long might want to get up and dance on his own grave.


42 posted on 10/20/2011 7:51:12 PM PDT by Steamburg (The contents of your wallet is the only language Politicians understand.)
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To: RobertClark

This law likely violates federal statutes that federal reserve notes are legal tender!


43 posted on 10/20/2011 7:56:35 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: Irenic

This is just hitting the fan. I have a feeling that it will get nasty.


44 posted on 10/20/2011 7:57:26 PM PDT by CajunConservative ( Leadership. It is defined by action, not position.)
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To: RobertClark

This “law” will be ignored.


45 posted on 10/20/2011 7:58:43 PM PDT by Clock King (Ellisworth Toohey was right: My head's gonna explode.)
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To: cripplecreek

barter rocks


46 posted on 10/20/2011 7:59:18 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: Clock King

Yeah, at some point you just have to say “f*ck you”


47 posted on 10/20/2011 8:16:04 PM PDT by technically right
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To: newzjunkey
2011-07-01 - Signed by the Governor. Becomes Act No. 389.

Jindal shows his statist colors. Will never support him for anything. Glad we found out before it was too late.

48 posted on 10/20/2011 8:18:17 PM PDT by BigBobber
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To: mriguy67

They shouldnt be asking for ID period unless it is firearms. I should be able to pay cash if I want and stay off the frickin grid. Its just a way for the IRS to get its claws into our lives and take what isn’t theirs to begin with.

Think Gamestop selling used games. Electronic Arts doesnt like it because they lose money so they limit game installations to only three machines, which are enabled online only. The honest, paying gamer gets screwed while pirates enjoy a hassle-free game on as many pc’s as they want.

Bottom line: The IRS (and this law) are the bad guys.


49 posted on 10/20/2011 8:28:56 PM PDT by Soothesayer9
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To: RobertClark

Posted yesterday.

All the second hand stores have to do is sell new voucher tickets or set up lines of credit the people can pay with in cash, and there’s no problem.


50 posted on 10/20/2011 8:31:02 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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