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Thread: Cash Transactions Banned by Louisiana...

  1. #1
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    Default Cash Transactions Banned by Louisiana...

    http://www.sott.net/articles/show/23...ut-Due-Process


    Cash Transactions Banned by Louisiana: Government Takes Private Property Without Due Process

    Thad D. Ackel, Jr. Esq.
    Ackel and Associates L.L.C.
    Tue, 11 Oct 2011 18:30 CDT

    This summer, the State Legislature and Governor of Louisiana passed a law that bans individuals and businesses from transacting in cash if they are considered a "secondhand dealer". House Bill 195 of the 2011 Regular Session (Act 389) broadly defines a secondhand dealer to include "... Anyone, other than a non-profit entity, who buys, sells, trades in or otherwise acquires or disposes of junk or used or secondhand property more frequently than once per month from any other person, other than a non-profit entity, shall be deemed as being in the business of a secondhand dealer. " The law then states that "A secondhand dealer shall not enter into any cash transactions in payment for the purchase of junk or used or secondhand property. Payment shall be made in the form of check, electronic transfers, or money order issued to the seller of the junk or used or secondhand property..." The broad scope of this definition can essentially encompass everyone; from your local flea market vendors and buyers to a housewife purchasing goods on ebay or craigslist, to a group of guys trading baseball cards, they could all be considered secondhand dealers. Lawmakers in Louisiana have effectively banned its citizens from freely using United States legal tender.

    The law goes further to require secondhand dealers to turn over a valuable business asset, namely, their business' proprietary client information. For every transaction a secondhand dealer must obtain the seller's personal information such as their name, address, driver's license number and the license plate number of the vehicle in which the goods were delivered. They must also make a detailed description of the item(s) purchased and submit this with the personal identification information of every transaction to the local policing authorities through electronic daily reports. If a seller cannot or refuses to produce to the secondhand dealer any of the required forms of identification, the secondhand dealer is prohibited from completing the transaction.

    This legislation amounts to a public taking of private property without compensation. Regardless of whether or not the transaction information is connected with, or law enforcement is investigating a crime, individuals and businesses are forced to report routine business activity to the police. Can law enforcement not accomplish its goal of identifying potential thieves and locating stolen items in a far less intrusive manner? And of course, there are already laws that prohibit stealing, buying or selling stolen goods, laws that require businesses to account for transactions and laws that penalize individuals and businesses that transact in stolen property. Why does the Louisiana State Legislature need to enact more laws infringing on personal privacy, liberties and freedom?

    Motivating the introduction of this legislation was an increase in criminal activity, necessitating law enforcement to develop additional tools in tracking potential criminals. Thefts of copper and other precious metals have risen recently with higher commodity prices and mounting pressures from the economic downturn. The added restrictions under this recent legislation have come about under the pretense of cracking down on crime and helping the government take care of you, all at the cost of your individual privacy, economic, civil liberty and freedom.

    Interestingly enough, although Pawnshops are still required to obtain clients personal information and transmit their client database information to law enforcement, they are exempt from the restriction of cash payments. A jeweler next door to a pawnshop cannot offer clients the same payment method offered by its competing pawnshop neighbor.

    Act 389 passed by unanimous consent of the Louisiana House of Representatives and only mustered one nay vote (Senator Neil Riser) from the State Senate. The governor signed legislation into law on July 1, 2011.

  2. #2
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    Well, it's been kept quiet, but nothing would surprise me coming from that bunch of buffoons in Baton Rouge.
    Paranoia is merely a heightened state of awareness.

    Fortune favors the prepared mind. -- Louis Pasteur

  3. #3
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    If you were wondering what the government was going to do when everybody decides barter is better, well here it is.
    Buckle Up!!

  4. #4
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    Doesn't this amount to pre-empting Federal Law.....the little print on the bills that say "...all debt public and private."?

    I can see several arguments for it, primarily cracking down on metal thieves who convert stolen metal (copper from A/Cs and platinum from catalytic converters) to cash; and cracking down on the drug trade. It also ensures that Joe the hobbiest can't sell any of his wares to friends, and Little Johnny can neither set up a lemonade stand, nor can he mow yards for $10 during the summer. It's a way to make sure the gov. is getting tax revenue on EVERYTHING.

    But banning cash? I can't see it as being fairly enforceable, although I don't doubt there will be plenty of people charged with it. I'm interested in seeing the legal challenges that are brought against this......which probably WON'T be from the .gov.
    Esse Quam Videri , Semper Paratus , My Karma ran over your Dogma.

  5. #5
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    El oh el. Federal currency has lost so much value that states aren't even wanting to deal in it anymore. Interesting times indeed.

  6. #6
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    Average Scrap yard moves thousand of dollars in cash every day, I have had months where I have made over $4000 hauling off junk. There is a box on the IRS form where I am to report that income, I would assume some states would have the same requirement.

    Making the cash transactions recorder on bank accounts, then with the enforcement of 1099 requirements the unreported income would be documented. Not really looking at the little guy but, but I suspect allot of scrap yards move serous money with out a document trail.
    ‘God invented whiskey to keep the Irish from ruling the world.

  7. #7
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    how could a person be charged when it says for all debts on the damn bills

  8. #8
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    Quote Originally Posted by Alaska View Post
    how could a person be charged when it says for all debts on the damn bills
    Please read the top of the "dollar bill" first. It says FEDERAL RESERVE NOTE so it is not real currency.
    Also consider your own statement "all debts" in a normal transaction the is no debt at any point.
    I am not trying to be mean or attack you but if you think about this the there is no federal law protecting your right to use FEDERAL RESERVE NOTES.

  9. #9
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    it is a fiat currency but a currency none the less
    and it also says this note is for legal tender for all debts public and private

    i really could care aless. i dont live in that **** hole so it doesnt affect me

  10. #10
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    Quote Originally Posted by Alaska View Post
    it is a fiat currency but a currency none the less
    and it also says this note is for legal tender for all debts public and private

    i really could care aless. i dont live in that **** hole so it doesnt affect me
    I agree with the ****hole part LOL

    I agree that the new law sucks.

    I still say that FEDERAL RESERVE NOTES are only good for paying debt not normal trade. They are frequently used as a currency but the note says for debt only.

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