Mississippi Metal Scrap Statute
The State Metals Theft Laws summaries are not intended to provide or be relied as a legal advice. This material is provided to serve as a reasonable compilation of the most current state scrap laws and is intended to be a resource or supplement to, and provide ideas for, compliance with all applicable laws. The ISRI State Scrap Laws are subject to change and readers should visit http://www.isri.org/metalstheftdb to make certain they are reading the most recent version of ISRI's summaries of the State Metals Theft Laws
- Materials Covered and Other Definitions
- Exemptions
- Recordkeeping
- Retention
- Inspection
- Customer Transaction Report
- Transport Report
- Bronze Cemetery Objects - Reporting and Restrictions
- Hold
- Metal Beer Kegs and Syrup Tanks
- Manhole Covers and Political Subdivision Property
- HVAC
- No Purchase from Minors
- Hours of Purchase
- Payment Restrictions
- Registration
- Contested Ownership
- Penalties
- Preemption
Materials Covered and Other Definitions
"Metal Property" includes the following, but does not include ferrous materials not listed.
- "Railroad Materials": any materials, equipment and parts used in the construction, operation, protection and maintenance of a railroad.
- "Copper Materials": any copper wire, bars, rods or tubing, including copper wire or cable or coaxial cable of the type used by public utilities, common carriers or communication services providers, whether wireless or wire line, copper air conditioner evaporator coil or condenser, aluminum copper radiators not attached to a motor vehicle, or any combination of these.
- "Aluminum Materials": any aluminum cable, bars, rods or tubing of the type used to construct utility, communication or broadcasting towers, aluminum utility wire and aluminum irrigation pipes or tubing. "Aluminum materials" does not include aluminum cans that have served their original economic purpose.
- Electrical, communications or utility brass;
- Metal covers for service access and entrances to sewers and storm drains;
- Metal bridge pilings;
- Irrigation wiring and other metal property attached to or part of center pivots;
- Grain bins;
- Stainless steel sinks;
- Catalytic converters not attached to a motor vehicle; and
- Metal beer kegs.
Bronze Cemetery Objects, as used in this summary, refers to a bronze vase and/or marker, memorial, statue, plaque, or other bronze object used at a cemetery or other location where deceased persons are interred or memorialized. Bronze Cemetery Objects are subject to special purchase restrictions and reporting requirements.
Metal Beer Kegs and Metal Syrup Tanks are subject to special purchase restrictions.
Manhole Covers and Political Subdivision Property, as used in this summary, refers to manhole covers and other similar types of utility access covers, including storm drain covers, or any metal property clearly identified as belonging to a political subdivision of the state or a municipality. Manhole Covers and Political Subdivision Property are subject to special purchase restrictions and reporting requirements.
Air Conditioner Evaporator Coils and Condensers are subject to special purchase and payment restrictions.
Metal Property transported from within Mississippi to any point outside the state is subject to special reporting requirements
"Scrap Metal Dealer" means any person who is engaged, from a fixed location or otherwise, in the business of paying compensation for Metal Property that has served its original economic purpose, whether or not the person is engaged in the business of performing the manufacturing process by which metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value.
"Personal Identification Card" means any government issued photographic ID card
Exemptions
Does not apply to purchases of Metal Property from:
- A law enforcement officer acting in an official capacity;
- A trustee in bankruptcy, executor, administrator or receiver who has presented proof of such status to the Dealer;
- Any public official acting under a court order who has presented proof of such;
- A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented; or
- A manufacturing, industrial or other commercial vendor that generates or sells regulated Metal Property in the ordinary course of its business, except transactions between Dealers are not exempt.
Recordkeeping
A Dealer or other purchaser must record the following for each purchase transaction:
- The Seller's name, address, and age, from the Seller's Personal ID Card;
- Date and Place of each acquisition of Metal Property;
- Weight, quantity, or volume, and a general description of the type of Metal Property (wire, tubing, extrusions, casting, etc.);
- Amount of consideration given;
- License number, state of issue, make, and type of the delivery vehicle;
- If a person other than the Seller delivers the property, the Deliverer's name, address, and age;
- A signed statement from the person receiving consideration that they are the rightful owner of or are entitled to sell the metal property;
- A copy of the Seller's personal ID card; or a copy of the Deliverer's personal ID card if delivered by a person other than the Seller; and
- A photo, video, or similar likeness of the Seller or Deliverer with the metal property clearly visible in which the person's facial features are clearly visible.
- A photo of the Metal Property in the same form, without change, in which the Metal Property was acquired, with a digital date and time stamp and the identity of the photographer recorded.
Retention
Records shall be retained for not less than 2 years from the purchase transaction date. Transport Reports received by a sheriff shall be retained in the sheriff's office as a public record open to inspection by the public at all reasonable times.
Inspection
Records and any purchased Metal Property shall be made available to any law enforcement officer, after proper identification as a law enforcement officer, during usual and customary business hours. Any photo of Metal Property in the records shall be admissible in any civil or criminal proceeding. Transport Reports received by a sheriff shall be retained in the sheriff's office as a public record open to inspection by the public at all reasonable times.
Customer Transaction Report
The Mississippi Secretary of State has adopted rules requiring Customer Transaction Reports containing the record information be submitted electronically to the State's agent (currently Leads Online) no later than 5 PM of the next business day following a purchase.The Mississippi Scrap Metal Rules are available online along with additional information on compliance and sample reports on the Mississippi Secretary of State Scrap Metal Site.
Transport Report
Any person transporting or causing Metal Property to be transported from any point within this state to any point outside this state must first report the same record information required of a Purchaser by the Recordkeeping provision to the sheriff of the county from which the person departs the state. The sheriff receiving the report shall keep the information in records maintained in his office as a public record available for inspection by any person at all reasonable times. Exempts transactions with:
- A public utility, as defined in Section 77-3-3, engaged in carrying on utility operations;
- A railroad, as defined in Section 77-9-5;
- A communication service provider, whether wireless or wire line;
- A Scrap Metal Dealer.
Bronze Cemetery Objects - Reporting and Restrictions
It is unlawful to sell or purchase any bronze vase and/or marker, memorial, statue, plaque, or other bronze object used at a cemetery or other location where deceased persons are interred or memorialized, unless the source of the bronze is known and notice is provided to the municipal or county law enforcement agency where the Dealer is located. The notice must identify all names, letters, dates, and symbols on the bronze and include a photograph of the bronze. Written permission from the cemetery and the appropriate law enforcement agency must be received before such objects may be purchased, processed, sold, or melted.
Hold
Automatic 3 day hold on Metal Property; must be held separate and identifiable.
A law enforcement officer with reasonable cause to believe that Metal Property has been stolen and an affidavit from the alleged rightful owner of the property may issue a written 15 day hold notice to the Purchaser that specifically identifies the items subject to the hold. After receiving additional substantive evidence beyond the initial affidavit, an officer may issue a written notice extending the hold for an additional 15 days. An officer may release a written hold early. After a hold has expired or been released the Purchaser may dispose of the property unless other disposition is ordered by a court of competent jurisdiction.
Metal Beer Kegs and Syrup Tanks
Purchasers may not knowingly purchase or possess a metal beer keg or a metal syrup tank generally used by the soft drink industry on any premises used to buy, sell, store, shred, melt, cut or otherwise alter scrap metal. This applies to kegs and tanks whether damaged or undamaged, or any recognizable part thereof. However, metal syrup tanks are exempt if:
- The Purchaser obtains a bill of sale at the time of purchase from the Seller; and
- The Seller is the manufacturer, a soft drink company, or a soft drink distributor.
Manhole Covers and Political Subdivision Property
For manhole covers and other similar types of utility access covers, including storm drain covers, or any metal property clearly identified as belonging to a political subdivision of the state or a municipality, a Dealer may only purchase the property from the political subdivision, the municipal utility, or the manufacturer. Any Purchaser who purchases in bulk shall have 24 hours to determine if prohibited property is included in the purchase; if such is included, the Purchaser shall notify law enforcement no later than 24 hours.
HVAC
Air conditioner evaporator coils and condensers may only be sold by a person who possesses documentation that they are an authorized agent, representative, or employee of one of the following:
- A licensed HVAC contractor who acquired the evaporator coil or condenser in the performance as a contractor as defined in Section 31-3-1;
- A company meeting all local or municipal permitting requirements to repair, replace and install HVAC units containing copper evaporator coils or condensers; or
- A company holding a HVAC installer or repairer privilege license.
No Purchase from Minors
Metal Property may not be purchased from a person under 18 years old.
Hours of Purchase
Metal Property may not be purchased, acquired or collected between 9 PM and 6 AM.
Payment Restrictions
No cash for Metal Property. Payment shall not be made for 3 days after the purchase transactions, and must be made either by:
- Check issued to the Seller, made payable to the name and address of the Seller, and mailed to the recorded address of the Seller; or
- By electronic funds transfer.
For air conditioner evaporator coils and condensers, payment must be by check or money order, mailed to the business address of the company for whom the metal is sold, with the name of the company as the payee.
Registration
Persons who purchase scrap metal, deal in scrap metal, or otherwise engage in the scrap metal business must register with the Secretary of State. Registrations expire 2 years from their registration or renewal date, and may be suspended, revoked, or refused renewal for any failure to comply or for another good cause once the registrant has been given notice and the opportunity for a hearing.
Contested Ownership
If a Purchaser contests another party's identification or claim of ownership of Metal Property, the other party may bring a civil action in the Purchaser's county circuit court, but only if they had made a timely report of the Metal Property's theft to the proper authorities. The other party shall include the means of identification they used to determine the ownership of the Metal Property.
Penalties
When a lawful owner recovers stolen Metal Property from a Purchaser who has complied with the law, and the Seller is convicted of a violation of the metals law, or theft by receiving stolen property (§ 97-17-70), the court shall order the convicted person to make full restitution to the Purchaser, including, without limitation, attorney's fees, court costs and other expenses.
It is unlawful for any person to give a false statement of ownership or a false or altered identification or vehicle tag number and receive consideration in return for Metal Property.
Failure to abide by the Recordkeeping and Hold provisions shall be prima facie evidence that a person received the Metal Property knowing it to be stolen in violation of Section 97-17-70.
Except as otherwise provided, a willful or knowing violation is a misdemeanor punishable by a maximum $1,000 fine per offense.
If the purchase transaction(s) related to the violation and any costs which are, or would be, incurred in repairing or recovering any property damaged in the theft or removal of the Metal Property, in aggregate:
- Exceed $1,000 but less than $5,000, a violation is a felony punishable by a maximum 5 years imprisonment and/or a maximum $10,000 fine;
- Exceed $5,000 but less than $25,000, a violation is a felony punishable by a maximum 10 years imprisonment and/or a maximum $10,000 fine;
- Exceed $25,000, a violation is a felony punishable by a maximum 20 years imprisonment and/or a maximum $10,000 fine.
A person guilty of stealing Metal Property or receiving Metal Property, knowing it to be stolen in violation of Section 97-17-70, must make full restitution to the victim, including, without limitation, restitution for property damage that resulted from the theft of the property.
A violation of the HVAC provision is a misdemeanor punishable by a maximum $1,000 fine, but does not preclude prosecution for any other applicable criminal offense.
This law shall not be construed to repeal other criminal laws. Whenever conduct proscribed by any provision of this law is also proscribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
Failure to register is a misdemeanor punishable by a $500 to $1,000 fine for a first offense, or a felony punishable by a maximum 3 years imprisonment by the Department of Corrections and/or maximum $5,000 fine for a second or subsequent offense.
A registrant must declare under penalty of perjury whether they have been convicted of a violation of this law or of a criminal offense of larceny, burglary, or vandalism involving Metal Property. A registrant convicted of such is prohibited from registering for 5 years from the date of conviction. A false statement for unlawfully registering is perjury; a person so convicted is disqualified for life from registering as a Scrap Metal Dealer.
The Secretary of State may conduct a criminal background check of registrants, issue cease and desist orders to Purchasers in violation of the law, issue orders for violations imposing a maximum $1,000 administrative penalty per offense, or bring action to enjoin the acts or practices of a Purchaser along with up to a $1,000 civil penalty per offense. Registration may be suspended, revoked, or refused renewal for a failure to comply or other good cause once the applicant has been given notice and the opportunity for a hearing.
Preemption
Does not prohibit municipalities and counties from enacting and implementing ordinances, rules and regulations that impose stricter requirements relating to purchase transactions.