Louisiana's No Cash For Second Hand Items Law

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It looks like people that buy and sell used items in Louisiana are in for a shock. Personally, I avoid crap laws like this by using our For Sale / Trade forum to trade / buy / sell all my used PC stuff.

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. The law states those who buy or sell second hand goods are prohibited from using cash. State representative Rickey Hardy co-authored the bill.
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Not a Doctor..... but doesnt it say on cash that its legal tender for use in payment of debts... or something like that.... i dont see how they can limit the use of cash since its the only real form of debt payment we have.
 
i hate that i cannot edit my post....

anyways the dollar bill says " this note is legal tender for all debts, public and private" I do believe the federal gov. will step in on this one
 
crashbox said:
Not a Doctor..... but doesnt it say on cash that its legal tender for use in payment of debts... or something like that.... i dont see how they can limit the use of cash since its the only real form of debt payment we have.
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They just did put limits, and VERY big limits.

Government cannot tax used item sales or bartering, hence the move to make at least some of it, illegal.

I would suspect barter is next of their hit list.

Enforceable? Not easily, but can be used as an add-on fine for another offense.
 
This law smacks of federal unconstitutionality. Of course, the courts will need to hear a case that challenges it, but once states start restricting the use of the federal fiat currency, it would only be a matter of time until states and localities start issuing their own currencies.
 
ummm... Is there anything that is stopping stores from selling "Store bucks"? aka 1 store bucks = 1 real dollar... for purchases?
 
Yeah, forget the fact that tax was paid on the money used to buy the item that the person paid tax on when they bought it new and now Lousiana wants to charge tax yet again after tax has been paid on the money used for the purchase and the item being purchased.

The funny thing is that most people don't think about. You can earn a dollar by working, and literally spend it to the point where the US gets the entire dollar after tax if we do exactly as we are told by taxing every single transfer involving that dollar. US tax law is severly flawed and needs to be rewritten from the ground up because as it stands it's 100% in favour of the government.
 
jcollett said:
This law smacks of federal unconstitutionality. Of course, the courts will need to hear a case that challenges it, but once states start restricting the use of the federal fiat currency, it would only be a matter of time until states and localities start issuing their own currencies.
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They cannot ever confine people to use a state dollar, the federal dollar supercedes all forms of private currency in the US. Private institutions can deny acceptance of the US dollar but no state or government facility can.
 
Sounds like pawn shop owners will be shooting their self in the head right about....... BOOM!
 
So how are you supposed to get a good deal on a used car? Cash screams take me. Got my pickup 2 years for 2k when the guy was asking 3k. Waved the cash in his face and he couldn't refuse. Still runs great to this day.
 
The US tax law should be rewritten to where a person can only be taxed on wages earned with the exception of controlled substances.

The US would not have as much money to burn which would also be good because state and federal budgets would bear more scruitiny and people would be martered if they then used state/federal funds to buy a vacation house instead of fixing a public road.
 
sounds like a law suite in the making... since when is it legal to deny the use of "legal tender" to purchase things.
 
why is Florida making such a ... oh wait...
wait...Louisianan? really?
Can't wait for the news to catch this law and it's author. Could this law be unlawful? I can see how it bypasses the first sale doctrine by not making it illegal, it's sneaky.
 
Article said

They can pay by check, money order, credit card. It's to create a paper trail for thieves who steal things like copper and sell it.

Still BS of a bill. It will not hold muster in court.
 
Every state has its special brand of stupid. It appears Louisiana just likes to trump everyone today. I mean, I understand what they are trying to do but the bill is so woefully ambiguous and heavy-handed that it is just another form of tyranny under the guise of security (in this case from stolen goods). I can't imagine it will even make it through the circuit court, let alone SCOTUS. It should have never been put forward.
 
US Currency is still legal tender in LA, just cant use cold hard cash for 2nd hand purchases. Pay with a check or accept credit/debit cards. This is to help stop the sale of stolen merchandise.
 
I don't know about this law but in some other states laws that prohibit the use of cash for scrap metal have been upheld.
 
Does a second hand store have to charge sales tax?

I really don't know.

If they do, then this is just a record keeping scheme to force more sales tax collections, under the cloud of "stolen merchandise".:eek:
 
compudocs said:
Private institutions can deny acceptance of the US dollar
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No, they can't. It is illegal to place a debt on someone that is not repayable in dollars. That's the point of currency.

If your cell phone company calls up and says "your bill this month is 1/10th of an ounce of gold" you can tell them to piss off. They have to accept dollars.

Louisiana is run by morons and this will never, ever fly.
 
BettiePage said:
US Currency is still legal tender in LA, just cant use cold hard cash for 2nd hand purchases. Pay with a check or accept credit/debit cards. This is to help stop the sale of stolen merchandise.
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So US Tender isn't legal to use for 2nd hand purchases. How does a private individual sell items to another private individual?

Or how about thrift stores that people generally are going to have cash, not to mention thrift stores probably only accept cash for obvious reasons.
 
As a Louisiana native, I am astounded by both the bill and the bullshit posted in this thread.

Facepalm to the lot of you.
 
waaaaiiiiit.......

ain't Louisianna a RED state? (Under Gov. Bobby Jindal) And now they pass a law for moaarrr government regulation of private enterprise?
 
I can't make any statement whether this'll hold up legally but I'm betting it won't stand publicly. A business must accept dollars but doesn't have to accept CASH as a payment unless there is a specific law stating otherwise.

A little more reading from the Treasury website quoted here:

Treasury said:
There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise.
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A few more with some case examples are here and http://legallad.quickanddirtytips.com/legal-tender.aspx with some googling that'll find more.
 
Easy... I did not pay $4,000 for that used car. I simply paid him $4,000 to deliver it to me, the truck only cost a beer.
 
I can't believe this stuff gets passed. I think all bills should come with a pre-vote exam to make sure you actually read the damn thing.
 
Aluisious said:
No, they can't. It is illegal to place a debt on someone that is not repayable in dollars. That's the point of currency.

If your cell phone company calls up and says "your bill this month is 1/10th of an ounce of gold" you can tell them to piss off. They have to accept dollars.
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US Department of the Treasury seems to disagree with your assessment.

Treasury said:
Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise.
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Louisiana is run by morons and this will never, ever fly.
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Similar crap has already been upheld by Federal courts in several states. Though in much narrower bills that only cover problem areas like scrap metal etc. So we will see. There is the hope this bill goes too far and will get shut down.
 
Does anyone else find his reasoning ridiculous?

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.
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SRSLY!? S R S L Y !?!

Did this moron think... for one second... that if someone is already involved in illegal activity that they will abide by this law?

THINK ABOUT IT!!

They created a law under the guise of catching criminals that only effects the law abiding public.

WTF IS WRONG WITH THIS COUNTRY?
 
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