An unenforceable law or a "gotcha"

@speakeasy (4215)
United States
October 21, 2011 5:13pm CST
Louisiana has instituted a new law that prohibits people from paying cash for second hand items more than once a month. http://www.personalliberty.com/conservative-politics/liberty/louisiana-no-cash-for-secondhand-goods/?eiid=&rmid=2011_10_21_PLA_[P11381863]&rrid=395294472 That's right. If you buy or sell second hand items (used items) in the state of Louisiana, you can only have ONE cash transaction per month. This means that every antique shop, consignement shop, yard sale, or garage sale can only have a single cash transaction each month. It also means that if you buy things that are used, you can only pay cash one time per month IF the person selling it is still able to accept a cash transaction. Is it even possible to enforce such a law? Or, is this going to be a "gotcha" law, where they can use this law to arrest unsuspecting people when they have nothing else that they can arrest them for? What do you think?
3 people like this
7 responses
@francesca5 (1344)
22 Oct 11
that seems like maximum inconvenience for people. i suppose the intention is to change behaviour, presumably its related to ensuring that all transactions are recorded and therefore taxable. but it makes it very hard for people, i use cash most of the time as i know how much i spend that way, so i prefer it. seems like a serious infringent of people's liberty, but my guess it will be both unenforceable and a gotcha, as lots will get away with it and a few unfortunate people will get caught.
@speakeasy (4215)
• United States
23 Oct 11
I also only use cash for most of my local purchases; but, when I looked over my routine purchases - most of them are for new things - food and gas, an occasional movie. I do go to local thrift shops for some items; but, if I can't find waht I want there then I still end up buying new if I really need it. So ,it would be an inconvenience but only a minor one. To me it is more of an infringement on personal liberty telling me that they will not accept cash for certain purchases; but, it is not the seller who is doing this it is the local government. I think the state has definately overstepped their powers to do this because the monetary system is controlled by th efederal government not the state. This would be similar to the state saying you had to turn in your US money and exchange it for money they issued you (Louisiana money) that had to be used for all purchases made in Louisianna. This is not something they should have control over and I hope the feds take notice of this and take action.
23 Oct 11
i am curious as to what it is they are trying to stop, i can only assume they are trying to curb the black economy, but i think the likely outcome is that it pushes transactions more undercover, rather than stops them. as it would surely mean that it would be a terrible inconvenience to someone who was holding a garage sale, or a thrift shop, because they would then have to get themselves chip and pin machines or accept cheques, thats if people still use cheques, as they are being phased out here. i just think that whatever it is they are trying to stop they will just drive underground, but time will tell.
@friendme (10)
• United States
22 Oct 11
well I live 1/8th of a mile from Louisiana stateline on Mississippi side I shop in La. all the time I hope they think im going to worry about their law. I dont even have a checking account or credit cards so what they going to do. and how the going to prove what i bought and when. That is one dumb law.
@owlwings (39258)
• Cambridge, England
22 Oct 11
It's a dumb law, as you say, but it looks as if the onus will be on the SELLER to keep records. I guess that if you pay even 50 cents or a dollar for something in a yard sale, the seller will have to take your ID, name, address and all!
@speakeasy (4215)
• United States
22 Oct 11
Actually, the way I understand it, they will not be able to accept your cash payment, no matter how large or small it is, without them being in violation; and, all it would take is one person to hang around the sale for a while "browsing" and see them take 2 cash payments and the seller would be caught violating the law.
@daeckardt (6245)
• United States
29 Jan 12
I find it hard to imagine trying to keep track of that kind of information. I think that if I were having a garage sale, I would rather not have to worry about getting lots of checks or money orders. I could see doing that if it were some kind of shop that was in operation every day, but not for a family trying to sell off some of their old goods. Not everyone wants to deal with checks or money orders so I think that would not work well. Has anything come of that law? I don't follow the news at all so seeing things like this is interesting to me. Thanks for sharing!
@speakeasy (4215)
• United States
29 Jan 12
We have so many stupid outdated laws on the books that used to make sense but no longer do. Now we have politicians creating stupid laws that are brand new. They never seem to learn. Glad you found this interesting.
@KrauseHome (35037)
• United States
28 Oct 11
Wow, never heard of anything like this. This is something that someone needs to actually ask like a Governor about, or something and probably even they themselves are not aware of this one. Was this revealed on one of those shows that talks about strange facts? And if they did try and enforce it the State would go so broke so fast that they would never have a chance of ever wanting to fine people who don't want to follow this.
@speakeasy (4215)
• United States
28 Oct 11
This is a new law; and, for it to be a law, the Governor had to sign the bill. It was found by a political watchdog group that monitors what is going on in the various state and federal legislatures and then tries to get the word out to the people it will affect. It will go into effect soon if the people of the state do not take action to stop it.
@Adoniah (7515)
• United States
22 Oct 11
This law will obliterate yard sales, flea markets, fruit stands, and street vendors. It looks to me like this is the intention of the law...Not so much to catch crooks as to stop all of these types of activities...
@speakeasy (4215)
• United States
23 Oct 11
Actually, it will not do that at first. They have really been keeping htis law quiet and the average person in Louisianna doesn't even realize they were thinking about this law let alone passing it. I think they may plan to collect a lot of "fines"; and, then when the uproar does become too public, I think they will "repeal" the law. This gives them a quick influx of money into the state coffers and let's them look like they are letting the people "win".
@bobmnu (8160)
• United States
22 Oct 11
New York State has a Law that requires you to pay NY income tax is you live or work in NY for 15 or more days. Several high paid executives have been caught in this trap by simply changing planes in NYC. Senator Al Franken (D) from MN was caught up in this taxing system. He was charged with not paying over $70,000 in taxes. He owed taxes in state he did not even know he had to. Some States claim that he visited a state one time on a book tour so they could count his income from all book sales in the state because he "worked" in the state. It is know as the Jock Tax and was designed to make the Sport Stars pay a tax when they preform in different states. Rush Limbaugh sold his Condo in NYC and does not visit the state anymore because of the tax. Many College Athletics when drafted first contact a specialized accountant to start tracking the state taxes for them. In a recent trip through the Great Lakes States on the interstate, which most of it was toll roads, that more truckers are paying the higher tolls by paying in cash rather than the simpler EZ-pass system. Much harder to prove they were "working" in the state. This is a problem with government they are looking for more ways to raise money rather than trying to find ways to save money.
@speakeasy (4215)
• United States
22 Oct 11
Using charges of "tax evasion" have proved to be big revenue earners and ways to jail criminals that they are unable to catch on other charges. But, this does not have anything to do with "taxes" since the state has no law saying that people have to pay sales tax on second hand items (with a few exceptions like used cars, etc). No tax evasion is going on here. And, going after thift shops, consignment shops, yard sales, garage sales, swap meets, etc is not going to get them any "big" dollars in fines either.
@GardenGerty (99477)
• United States
21 Oct 11
Okay, this one really sounds crazy. How did it come about? Who do they really want to catch, and yes, how will it be enforced?
@speakeasy (4215)
• United States
21 Oct 11
They claim it is to deter theft; but, the legitimate dealers in used goods already pay by check and get id. Criminals will break this law just like they break other laws. Yes, how will they enforce it?