Robbins Report

Changes proposed for Barnstable junk dealers

Barnstable licensing board decision continued until February 2nd

   Attorney Richard Cohen addresses the Barnstable Licensing Board.

Story and photos by Peter Robbins

Remember bringing your unwanted silver or gold to a local junk dealer and walking out with cash? That will be a thing of the past if the Town of Barnstable approves the new changes that are being proposed covering the "junk dealers" licensed within the town of Barnstable. The Barnstable Licensing Authority held a public hearing Monday proposing amendments to the Rules and Regulations of the Licensing Authority under MGL Chapter 502, "Junk Dealers".

Police Liaisons Lt. Jo Ellen Jason and Officer Steven Maher of the Barnstable Police Department made a presentation to the Board and public using figures and information collected since 2006.  In the past three years there were 4,837 Breaking and Enterings and Larcenies within the town resulting in $2,566,611.99 in reported loses.  The items reported stolen included 449 computers, 532 radios and televisions, 233 CDs and DVDs, 391 tools, 254 auto parts, 171 household items and 913 pieces of jewelry or precious metals.

One of the licensed dealers in Barnstable.

According to Officer Maher, the jewelry and precious metals accounted for $1,648,300.27 of the total.  Among the items stolen were this writer's digital camera, taken from my vehicle on December 15, 2008.

The new regulations were welcomed by Barnstable Detective Sgt. John Murphy who said, “I could not be more enthusiastic about endorsing this project. Property crimes are devastating and sold for a penny on a pound, melted down never to be retrieved or recovered.” Murphy went on to explain, without identifying anyone because of an on-going investigation, that between November 1 and December 1 one retail store had reported $20,000 in losses of CDs, XBox and video games sold to some dealers in used electronics.

Local Attorney Richard Cohen had no objections to the majority of the proposed regulations. Representing a local licensed precious metals buyer and wholesaler, he raised strong objections relating to the Town of Barnstable restricting buyers to a $50 cash purchase policy. Cohen called the proposal not only unreasonable but questioned the constitutionality of requiring such a practice saying, “cash is a legitimate means of any transaction.” Cohen went on to explain, “gold prices change day to day. The police chief, by requiring the buyers to hold gold for 21 days is setting the price of the gold.” At the request of Licensing Authority Chairman Martin Hoxie, Attorney Cohen will submit a brief before the next meeting on February 2nd for review by town council and the authority.

Some of the additional changes include a Barnstable Police record of transaction form, a digital photograph of property purchased, weekly reporting to Barnstable Police and record keeping for three years.   Also, purchases over $50 must be by check, to buy or sell customers must be at least 18-years-old, no purchase is to be made without consent of the owner, there will be a 21 day hold on precious metals and gems and a 15 day hold on other items.  Police may require up to a 180 day hold at their discretion.

According to town records, there are 17 licensed "junk dealers" in the Town of Barnstable. Both the Licensing Board and the Barnstable Police acknowledged there were many unlicensed businesses that were dealing with used items including precious metals and gems. After obtaining a copy of the licensed establishments, calls were made to several establishments identified by this writer.  When called and asked if they bought silver and gold, each of the unlicensed dealers replied, "yes we do".

This begs the question why apply for a junk dealer's license?  Of course it's the right and legal thing to do, but it would appear that these tougher regulations will only impact the licensed dealers already following the rules.  If someone prefers to be paid in cash (I know I do), they will most likely seek out the unlicensed dealers who will pay in cash.  And there are plenty of them--in just a short time, I found five within the Town of Barnstable.

One person I spoke with said, "I don't want no check, I've got no way of cashing it."  And then the other extreme, a young mother at one location with tears in her eyes had begged a ride from a friend to sell some items to feed her crying child, but she didn't have  proper identification.

This is a difficult situation for police and business people. Some people in authority may think if junk dealers don't like the rules here they can move the business elsewhere.  To them, I would offer some words of caution.  Don't drive them too far off Cape or nothing may ever be recovered, like my camera that probably ended up in Boston.  Now is the time to find some common ground.