TFred
Regular Member
I think I found a conflict within the state code regarding preemption and pawn shops.
There is apparently some interest in Spotsylvania County to establish a local ordinance to require pawn shops to utilize electronic records for reporting pawn shop transactions. State law allows pawn shops (see code below) the option to keep electronic records, and a locality is also authorized to require them to keep their records electronically. However, there does seem to be a conflict here.
Our pal, the preemption statute, 15.2-915, states in essence:
"A. No locality shall adopt or enforce any ordinance ... governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms..."
and also:
"For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization."
However, under the section of code regulating pawn shops, we find this in 54.1-4010. Daily reports:
"Every pawnbroker shall prepare a daily report of all goods, articles or things pawned or pledged with him or sold to him that day and shall file such report by noon of the following day with the chief of police or other law-enforcement officer of the county, city or town where his business is conducted designated by the local attorney for the Commonwealth to receive it. The report shall include the pledgor's or seller's name, residence, and driver's license number or other form of identification, and a description of the goods, articles or other things pledged or sold and, unless maintained in electronic format, shall be in writing and clearly legible to any person inspecting it. A pawnbroker may compile and maintain the daily report in an electronic format and, if so maintained, shall file the required daily reports electronically with the appropriate law-enforcement officer through use of a disk, electronic transmission, or any other electronic means of reporting approved by the law-enforcement officer. Any local governing body, may by ordinance, require a pawnbroker to maintain and file a daily report electronically through the use of a disk, electronic transmission, or any other electronic means of reporting approved by the law-enforcement officer."
You will notice that the second section of code does not specifically reference firearms, thus according to the preemption statute, any ordinance that requires a pawn shop to provide electronic records for firearms transctions to the local law enforcement agency is not authorized by the pawn shop statute.
Of particular interest, the news is also reporting that they are considering a requirement to photograph both the pawned item and the person offering it. I can find no authorization for this in the state code, so it would seem to me that to impose such a requirement locally for firearms would be a clear violation of 15.2-915.
Sounds like a problem. Thoughts?
TFred
There is apparently some interest in Spotsylvania County to establish a local ordinance to require pawn shops to utilize electronic records for reporting pawn shop transactions. State law allows pawn shops (see code below) the option to keep electronic records, and a locality is also authorized to require them to keep their records electronically. However, there does seem to be a conflict here.
Our pal, the preemption statute, 15.2-915, states in essence:
"A. No locality shall adopt or enforce any ordinance ... governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms..."
and also:
"For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization."
However, under the section of code regulating pawn shops, we find this in 54.1-4010. Daily reports:
"Every pawnbroker shall prepare a daily report of all goods, articles or things pawned or pledged with him or sold to him that day and shall file such report by noon of the following day with the chief of police or other law-enforcement officer of the county, city or town where his business is conducted designated by the local attorney for the Commonwealth to receive it. The report shall include the pledgor's or seller's name, residence, and driver's license number or other form of identification, and a description of the goods, articles or other things pledged or sold and, unless maintained in electronic format, shall be in writing and clearly legible to any person inspecting it. A pawnbroker may compile and maintain the daily report in an electronic format and, if so maintained, shall file the required daily reports electronically with the appropriate law-enforcement officer through use of a disk, electronic transmission, or any other electronic means of reporting approved by the law-enforcement officer. Any local governing body, may by ordinance, require a pawnbroker to maintain and file a daily report electronically through the use of a disk, electronic transmission, or any other electronic means of reporting approved by the law-enforcement officer."
You will notice that the second section of code does not specifically reference firearms, thus according to the preemption statute, any ordinance that requires a pawn shop to provide electronic records for firearms transctions to the local law enforcement agency is not authorized by the pawn shop statute.
Of particular interest, the news is also reporting that they are considering a requirement to photograph both the pawned item and the person offering it. I can find no authorization for this in the state code, so it would seem to me that to impose such a requirement locally for firearms would be a clear violation of 15.2-915.
Sounds like a problem. Thoughts?
TFred
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