Chapter 398

General Regulations

Section 398:1

    398:1 Tickets. – If any person shall engage in business as a pawnbroker he shall, for any article or thing of value received in pawn or otherwise for the security of any loan, transfer, service, undertaking or advantage, give to the pledgor, or person for whom or for whose benefit the transaction is made or done, a ticket or coupon stating the name and address of such pawnbroker, the property, security or thing received in pawn and the amount loaned thereupon.

Source. 1907, 26:1. PL 172:1. RL 209:1.

Section 398:2

    398:2 Prohibited Pledges. –
No person shall receive in pawn, whether as security for any loan, transfer, service, undertaking, or advantage:
I. Anything of value from any minor or person in a visible state of intoxication from liquors or otherwise;
II. In excess of 4 motor vehicles or titles to motor vehicles, as defined in RSA 361-A:1, VII;
III. Any title or deed to real property, including mobile homes, condominiums and rights to interval ownership;
IV. Any mortgage or any promissory note, including the pledge or assignment of any right to receive payments, rents, or revenue arising from such note;
V. Any article of clothing removed from the person at the place of business of the pawnbroker.

Source. 1907, 26:2. 1909, 58:1. RL 209:2. RSA 398:2. 1997, 193:1. 2005, 255:86, eff. Sept. 12, 2005.

Section 398:3

    398:3 Penalty. – Whoever violates any provision of this subdivision shall be guilty of a misdemeanor.

Source. 1907, 26:3. PL 172:3. RL 209:3. RSA 398:3. 1973, 528:270, eff. Oct. 31, 1973 at 11:59 p.m.

Licensing Pawnbrokers

Section 398:4

    398:4 Where in Force. – This subdivision shall be in force in all cities having a population of more than 40,000, and in such other cities and towns as shall adopt its provisions.

Source. 1909, 129:9. PL 172:14. RL 209:14.

Section 398:5

    398:5 Licenses. – The governing body of any town, city, or unincorporated place may license suitable persons to carry on the business of pawnbrokers in said city, town, or place for one year, and may revoke such licenses, in their discretion, after a hearing on charges preferred.

Source. 1909, 129:1. PL 172:4. RL 209:4. 2008, 287:7, eff. June 27, 2008.

Section 398:6

    398:6 Fees. – The fee for such license or renewal thereof shall be fixed by the board which issues the license, and shall be paid to the city or town in which the license is to be in force. No person in any city or town shall be required to pay a larger fee for said license than is required from any other person in the same city or town for a similar license.

Source. 1909, 129:8. PL 172:5. RL 209:5.


Section 398:7

    398:7 Other Provisions Relating to Regulations. – The board which grants licenses may from time to time establish regulations relative to the business carried on by pawnbrokers.

Source. 1909, 129:1. PL 172:6. RL 209:6.

Section 398:8

    398:8 Retention of Pledged Articles. – Articles deposited in pawn with a licensed pawnbroker shall, unless redeemed, be retained by him, on the premises occupied by him for his business, for at least 4 months after the date of deposit, if not of a perishable nature; and, if of a perishable nature, for at least one month after said date. Articles of personal apparel shall not be deemed to be of a perishable nature.

Source. 1909, 129:2. PL 172:7. RL 209:7.

Section 398:9

    398:9 Sale of Pledged Articles. – After the expiration of said time he may sell the same by public auction, upon the same conditions as to notice of sale, and application of proceeds of the sale, as are contained in RSA 444:1-5.

Source. 1909, 129:2. PL 172:8. RL 209:8.

Section 398:10

    398:10 Waiver of Notice and Sale at Public Auction. – If less than $25 has been loaned on any article so taken in pawn the requirement of notice, and of sale by public auction, may be waived by agreement of the parties, made in writing. In other cases the requirement cannot be waived.

Source. 1909, 129:2. PL 172:9. RL 209:9.

Section 398:11

    398:11 Interest. – The licensing board may fix the rate of interest which such pawnbrokers may receive on loans, and may fix different rates which may be received for different amounts of money lent; and no licensed pawnbroker shall charge or receive a greater rate of interest than that so fixed. The rates of interest so established shall be printed on the loan ticket issued by the pawnbroker.

Source. 1909, 129:3. PL 172:10. RL 209:10.

Section 398:12

    398:12 Records. – Every such pawnbroker shall keep a book in which, at the time of making a loan, shall be legibly written in the English language an account and description of the goods, articles or things pawned or pledged, the amount of money loaned thereon, the time of pledging them, the rate of interest to be paid on such loan and the name and residence of the pledgor, verified by photo identification issued by a governmental agency.

Source. 1909, 129:4. PL 172:11. RL 209:11. 2008, 287:8, eff. June 27, 2008.

Section 398:13

    398:13 Inspections. – Any officer, having jurisdiction may enter upon any premises used by a licensed pawnbroker for the purposes of business, ascertain how the pawnbroker conducts his or her business and examine all articles taken in pawn or kept or stored in or upon said premises and all books and inventories relating thereto. Every such pawnbroker, his or her clerk, agent, servant, or other person in charge of the premises shall exhibit to such officer on demand any or all of such articles, books, and inventories.

Source. 1909, 129:5. PL 172:12. RL 209:12. 2008, 287:9, eff. June 27, 2008.

Section 398:14

    398:14 Penalty. – Whoever, not being licensed, carries on such business or is concerned therein within such city or town; or, being licensed, carries on such business or is concerned therein in any other place or manner than that designated in his license or after notice to him that his license has been revoked; or who wilfully hinders, obstructs or prevents any officer from entering the premises or from making the examination authorized in RSA 398:13; or who otherwise violates any provision of this subdivision, shall be guilty of a misdemeanor.

Source. 1909, 129:6, 7. PL 172:13. RL 209:13. RSA 398:14. 1973, 528:271, eff. Oct. 31, 1973 at 11:59 p.m.