Junk Dealers

NMSA 1978 ch. 57, art. 7

in effect

NMSA 1978, § 57-7-1 ["Junk dealers" defined.]

57-7-1. ["Junk dealers" defined.] That all persons, firms or corporations engaged in the business of purchasing or selling secondhand or castoff material of any kind, which is commonly known and is hereinafter designated and referred to as "junk" - such as old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper and other like materials, shall be and hereby are defined, and held to be junk dealers within the meaning of this act [57-7-1 to 57-7-7 NMSA 1978]. Laws 1921, ch. 25, § 1; C.S. 1929, § 77-101; 1941 Comp., § 51-2601; 1953 Comp., § 49-7-1.

NMSA 1978, § 57-7-2 [Records of purchases.]

57-7-2. [Records of purchases.] Every junk dealer shall keep a book in which shall be written in ink at the time of their purchase a full and accurate description of each and every article purchased, together with the full name, residence and general description of the person or persons selling the same, and said book shall at all times be open to inspection by the sheriff of the county, or any of his deputies and any member of the police force in the city or town, and any constable or other municipal or county official in the county, in which said junk dealer does business. No entry in said book shall be erased, mutilated or changed. Laws 1921, ch. 25, § 2; C.S. 1929, § 77-102; 1941 Comp., § 51-2602; 1953 Comp., § 49-7-2.

NMSA 1978, § 57-7-3 [Report concerning lost or stolen articles; inspection of articles.]

57-7-3. [Report concerning lost or stolen articles; inspection of articles.] If any material, goods, articles or thing whatsoever shall be advertised as having been lost or stolen, and the same, or any material, goods, articles or things answering to the description advertised, or any part or portion thereof, shall then be in, or subsequently come into, the possession of any junk dealer, he shall immediately give information thereof in writing to the sheriff of the county, or the chief of police or constable, of the city, town or village in which the junk dealer does business, and state when and from whom the same was received. Any junk dealer who shall receive, or shall have in his possession any goods, article or thing that has been lost, or shall be alleged or supposed to have been lost or stolen from the owner thereof, shall exhibit the same on demand to the sheriff of the county, or any of his deputies, or to any member of the police force or constable, or other municipal or county official, of the city, town or village, or county in which said junk dealer does business, or to any person duly authorized in writing by any magistrate to inspect property in the possession of said junk dealer, who shall exhibit such authorization to said dealer. Laws 1921, ch. 25, § 3; C.S. 1929, § 77-103; 1941 Comp., § 51-2603; 1953 Comp., § 49-7-3.

NMSA 1978, § 57-7-4 [Lost or stolen property returned without payment.]

57-7-4. [Lost or stolen property returned without payment.] When any person, firm or corporation is found to be the owner of lost or stolen property, which has been purchased by, or is in the possession of any junk dealer, the said property shall be returned to the owner thereof by said junk dealer without the payment of any money by the owner to said junk dealer, or any other person, firm or corporation. Laws 1921, ch. 25, § 4; C.S. 1929, § 77-104; 1941 Comp., § 51-2604; 1953 Comp., § 49-7-4.

NMSA 1978, § 57-7-5 [Dealer to obtain statement from vendor; filing.]

57-7-5. [Dealer to obtain statement from vendor; filing.] At the time of purchase by any junk dealer of any pig or pigs of metal, copper wire or brass car jurnals [journals] or of any junk said junk dealer shall cause to be subscribed by the person or persons vending the same a statement as to when, where and from whom the vendor or vendors obtained such property; also a statement as to the vendor's or vendors' age or ages, residence or residences: i.e., the city, village or town, and the street and number, if any, of said residence or residences, and such other information as is reasonably necessary to enable said residence or residences to be located, also the name of the employer or employers, if any, of said vendor or vendors, and the place of business or employment of said employer or employers, and the junk dealer shall forthwith file the original of said statement subscribed by said vendor or vendors in the office of the chief of police or marshal, in the city, town or village in which the purchase was made, if made in a city or incorporated village; otherwise said statement shall forthwith be filed by the junk dealer in the office of the sheriff of the county in which said purchase was made. Laws 1921, ch. 25, § 5; C.S. 1929, § 77-105; 1941 Comp., § 51-2605; 1953 Comp., § 49-7-5.

NMSA 1978, § 57-7-6 [Violation of act; penalties.]

57-7-6. [Violation of act; penalties.] Any junk dealer who shall be found guilty of a violation of any of the provisions of this act [57-7-1 to 57-7-7 NMSA 1978], shall be guilty of a misdemeanor, and shall be fined or [and] imprisoned, either or both, in the discretion of the court, provided, however, that for the first offense the fine shall be not less than fifty dollars ($50.00) or more than two hundred dollars ($200), and the imprisonment shall be for not more than sixty (60) days; and further provided, that for the second, and for each subsequent conviction or violation of any of the provisions of this act, the fines shall be not less than one hundred dollars ($100) or more than three hundred dollars ($300) and the imprisonment not less than thirty (30) days or more than ninety (90) days. Laws 1921, ch. 25, § 6; C.S. 1929, § 77-106; 1941 Comp., § 51-2606; 1953 Comp., § 49-7-6.

NMSA 1978, § 57-7-7 [Statements by vendor; penalty.]

57-7-7. [Statements by vendor; penalty.] Any vendor who in making his statement as contemplated by this act [57-7-1 to 57-7-7 NMSA 1978] or in making any other written statement relative to junk which he either has sold or is trying to sell shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars [($10.00)] and costs nor more than one hundred dollars [($100)] and costs, or by imprisonment in the county jail for not less than ten nor more than ninety days, or by both such fine and imprisonment in the discretion of the court. This act shall not be construed as impairing in anywise the power of cities or incorporated towns in this state to license, tax and to regulate any person, firm or corporation now engaged in, or hereafter engaged in the buying and selling of junk, provided, that such regulations are not inconsistent herewith. Laws 1921, ch. 25, § 7; C.S. 1929, § 77-107; 1941 Comp., § 51-2607; 1953 Comp., § 49-7-7.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18560/index.doFetched: 10/20/2026