Arkansas Pawnshop Records Keeping Laws

Arkansas Code Annotated
Title 12. Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2. Law Enforcement Agencies and Programs (Chapters 6 to 24)
Chapter 12. Crime Reporting and Investigations
Subchapter 1. General Provisions

§ 12-12-103. Pawnshop records--Penalty

(a) A pawnshop or pawnbroker doing business in the State of Arkansas shall keep a record showing in detail all property pawned or purchased with the pawnshop or pawnbroker.
(b) The records required under subsection (a) of this section shall include:
(1) A detailed record of each transaction, including the type of identification displayed by the person from whom the property was received;
(2) The name, address, race, sex, height, weight, and date of birth of the person from whom the property was received;
(3) The driver's license number, personal identification number issued under § 27-16-805, or the number from another form of photographic identification of the person from whom the property was received; and
(4) A description of each item pawned or purchased, including without limitation the identifying numbers or serial numbers.
(c)(1)(A) One (1) copy of the records required under subsection (a) of this section shall be maintained on file with the pawnshop or pawnbroker for a period of three (3) years.
(B) The Director of the Department of Arkansas State Police, a member of the Department of Arkansas State Police, a county sheriff or deputy of the county, or a police officer of the municipality in which the pawnshop or pawnbroker is located shall have access to the records at any reasonable time.
(2) The director, the county sheriff, or the chief of police in the county or municipality in which the pawnshop or pawnbroker is located may require a report of transactions for a period of time that he or she deems necessary for the efficient enforcement of the criminal laws or to aid in criminal investigations.
(d)(1) The failure of a pawnbroker or an owner or operator of a pawnshop to comply with a provision of this section is a violation punishable by a fine of not more than one thousand dollars ($1,000).
(2) Each day a pawnbroker or owner or operator of a pawnshop fails to comply with this section is a separate offense.
(e)(1) Pawnshops and pawnbrokers shall:
(A) Keep the records required by this section in a designated electronic format; and
(B) Daily upload the records in the designated electronic format to:
(i) A centralized secure tracking system and Internet website designated by the chief law enforcement officer of a county, city, or local government; or
(ii) A different centralized secure tracking system and Internet website other than the centralized secure tracking system and Internet website designated under subdivision (e)(1)(B)(i) of this section if designated by county or municipal ordinance.
(2) The electronic records submitted under this subsection (e) shall be used for the sole purpose of investigating crimes. Pawnshops, pawnbrokers, and pawn customers shall not be required to incur any costs or increased fees as a result of the city, county, or state collecting and processing records required by this section electronically.

Cite as Ark. Code Ann. § 12-12-103

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