Suggestions on How to Change The Law

1. Clarify the law regarding title. Although it was the SL DA's office who misinterpretted the law, better clarification is needed to ensure that title remains with the original owner in cases of theft.

2. Increase requirements for pawn shops to positively identify where a person actually lives. These new requirements could be as simple as requiring a mailing address where pawned money could be sent, or as complex and requiring a credit card where a quick check could be run to match up the address with the credit card.

3. Leverage the database to 'flag' known and/or suspected criminals from selling to pawn. If the police know someone is selling stolen items, make it so that he can't sell to any pawnshop anymore.

4. Leverage the database to match previously unidentifiable items. If we used the database to say "Criminal X sold a bike and trimmers to Pawn X and a lawn mower and string trimmer to Pawn Y, this must be the items described by the victim."

5. Return the holding period for pawn shops for 'sold' items to a more reasonable time of 15 business days. In the recent laws passed the holding period for 'sold' items was reduced from 30 days to 10 days, while 'pawned' items remained at 30 days. This change seems counterintuitive. It would seem those looking for easy cash are very unlikely to pawn an item versus selling it.

6. Open the database to the public and educate them on its existence. Just as I found my bike on eBay, allowing the public to monitor these databases will likely result in even more property recovery.

 

Go straight to contacting your representative >>

Update (1/19/07):

Thanks to Senator Ross Romero, I was able to recently meet with the sponsor of the pawn shop bill in question, Rebecca Lockhart, along with representatives of the pawn industry and law enforcement officials.  It was a productive meeting in that I was able to gain additional perspective on the pawn shop business and they were also able to see how certain laws and the interpretation of them affect the citizens of Utah. Read More>>

Victim of Theft in Utah?

Thanks to the Utah State Legislature You AreLikely To Remain That Way

If you aren't a pawn broker in Utah you may just be in the wrong business. Poor interpretation of the laws based on recent bills passed by the Utah State Legislature make it extremely easy for pawn shops and criminals to clear stolen items, after which the rightful owner of the property can no longer claim title.

Here is my story:

I had a bunch of normal stuff in my garage including my bike:

Someone stole my stuff:

A month and a half later I found my bike listed on eBay:

The police went and confirmed it was my bike and said they were going to seize it:

But a few days later, I got a call from the police telling me I didn't get my bike back, because the eBay seller was actually the rightful owner:

Recently passed state law apparently had made it extremely easy to transfer title to the new owner. The Salt Lake District's Attorney office took this law , and inappropriately combine it with established case law commonly referred to as 3rd Party Purchaser in Good Faith made it all happen.

The provisions of this law state that a pawn shop or second hand store only need to hold onto items sold to them for 10 days. If the items serial numbers don't turn up in a police monitored database the pawn shop has the right to sell them. After an item is sold the police have been advised by the DA's office to no longer seize it for the original owner. It seems that pawn shops that often deal in stolen items, should be held to a better standard that better protects Utah's citizens. Ultimately the pawnbrokers should take action to better filter stolen items and remain ultimately liable.

An apparent homeless person, WHO HAS SOLD TO PAWN OVER 300 ITEMS IN TWO YEARS, sold my bike and hedge trimmer to Witzel's Pawn in Salt Lake City, they waited the mandatory 10 days and sold my bike to a guy who sold it to the eBay seller. Because of this law, SLCPD says I have no claim to any of my property.

The law as it stands makes it very easy for criminals to get rid of stolen property, and doesn't hold pawn shops responsible for selling stolen goods. As a result, pawn shops get broad protection that no other business or individual in Utah is afforded.

THE BOTTOM LINE IS ANY OF US CAN BE A VICTIM OF THIS FALSE INTERPRETATION OF THE LAW. If you haven't recorded the serial number for everything that is even of remote value, and if you don't get it to the police within at least 10 days, you likely will not be able claim to your property.

IF THIS BOTHERS YOU HELP OUT BY TAKING ACTION:

For your convenience, I've created a form letter that you can email to your representatives, or you can write your own. Please contact your legislator and let them know that this law needs to be changed and to transfer the protection of the law to the victims of theft, and not pawn shops.

©2007 Freeride Cycles