Hawaii Revised Statutes, Chapter 486M — Pawnbrokers and Secondhand Dealers

Division 2. Business — Title 26. Trade Regulation and Practice

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).

Division 2 Business

Title 26 Trade Regulation and Practice

Chapter 486M Pawnbrokers and Secondhand Dealers

§486M-1 Definitions

As used in this chapter, unless the context otherwise requires:

"Article" means any previously owned good or chattel, including, but not limited to, precious or semiprecious metals or precious or semiprecious gems.

"Automated recycling kiosk" means an interactive device that is installed within a secure retail space and performs the following technological functions:

(1) Only accepts for recycling previously owned handheld electronic cellular phone devices;

(2) Verifies a seller's identity through a combination of technology within the kiosk and remote examination of a government-issued identification by a live representative during each transaction;

(3) Securely stores devices accepted by the kiosk;

(4) Records images of the seller and the devices accepted during the transaction;

(5) Possesses computerized record-keeping and transmittal capabilities;

(6) Electronically transmits transaction records to law enforcement within twenty-four hours from when the device was received; and

(7) Can be remotely opened upon request by law enforcement during normal business hours.

"Dealer" means any person, firm, partnership, corporation, or other entity who engages in a business which includes the buying of previously owned [articles,] and includes any pawnbroker or secondhand dealer.

"Government issued identification" means:

(1) A passport issued by the United States of America;

(2) A [driver's] license issued pursuant to any state or District of Columbia law;

(3) An identification card issued by any state or local government or the Bureau of Indian Affairs; or

(4) An identification card issued by any branch of the Armed Forces of the United States of America.

"Pawnbroker" means any person, firm, partnership, corporation, or other entity who advances for interest or for or in expectation of profit, gain, or reward any sum of money upon security of any goods or chattels taken by such person by way of pawn or pledge, and includes any person subject to part V of chapter 445.

"Precious or semiprecious gem" means any of the less common and more valuable stones and pearls, including but not limited to amethyst, diamond, emerald, jade, opal, ruby, sapphire, topaz, turquoise, and zircon, whether natural or synthetic, cut or polished.

"Precious or semiprecious metal" means any of the less common and more valuable metals, including but not limited to gold, silver, platinum, and alloys thereof, without regard to their fineness, but excludes bullion and bullion type coins and bars.

"Secondhand dealer" means any person who trades in secondhand or previously owned articles, including the operation of an automated recycling kiosk, and includes any person subject to part VII of chapter 445.

[L 1982, c 282, pt of §2; am L 1991, c 120, pt of §1; am L 1993, c 79, §1; am L 2000, c 92, §1; am L 2021, c 79, §1]

§486M-2 Record of transactions

(a) Every dealer, or the agent, employee, or representative of the dealer, shall, immediately upon receipt of any article, record the following information, on an electronic recordkeeping form or a paper form authorized by the chief of police in each county:

(1) The name and address of the dealer;

(2) The name, residence address, date of birth, and age of the person from whom the article was received;

(3) The date and time the article was received by the dealer;

(4) The signature of the person from whom the article was received;

(5) The Hawaii driver's license number, or if the person does not possess a Hawaii driver's license, the number of and description of any government issued identification that bears a photograph of the person from whom the article was received;

(6) A photograph of the person from whom the article was received;

(7) Either a complete and accurate description of the article received, including all markings, names, initials, inscriptions, and unique identifying markings, such as serial numbers or emblem numbers, or photographs accurately depicting the article received, including all markings, names, initials, inscriptions, and unique identifying markings, such as serial numbers or emblem numbers;

(8) A reasonable estimate of the fineness and weights of the precious and semiprecious metals and precious and semiprecious gems received;

(9) The price paid by the dealer for each article; and

(10) A signed copy of any pawn transaction agreement made pursuant to part V of chapter 445, if any.

(b) Upon request and at the discretion of the chief of police of each county, copies of all completed forms required by this section shall be surrendered, mailed, or electronically inputted and transmitted via modem or by facsimile transmittal to the chief of police or to the chief of police's authorized representative. The chief of police of each county or the chief of police's authorized representative shall determine the method of submission for recordkeeping, whether the submissions be by electronic forms or paper forms; provided that, in any county with a population of five hundred thousand or more, completed forms shall be submitted free of charge through a webpage, online service, or online application established by the county police department or any other agency as designated by the county.

(c) The requirements for a photograph of the person from whom the article was received, the submission of recordkeeping by electronic means through a webpage, online service, or online application, and the submission of a photograph of the person from whom the article was received shall not apply to any dealer, or dealer's agent, employee, or representative, where the dealer first obtained a pawnbroker or secondhand license on or before January 1, 2002, and has continuously operated a pawnbroker or secondhand business that is open to the public and has a physical address since January 1, 2002.

[L 1982, c 282, pt of §2; gen ch 1985; am L 1991, c 120, pt of §1; am L 1998, c 99, §2; am L 2000, c 92, §2; am L 2022, c 108, §3]

§486M-3 Transactions by minors prohibited

A dealer shall not receive or purchase any article from any person under the age of eighteen.

[L 1982, c 282, pt of §2; am L 1991, c 120, pt of §1]

§486M-4 Minimum retention of items

(a) No dealer, or agent, employee, or representative of the dealer, shall alter, melt, deface, break apart, dispose of, or change the character or integrity of the precious or semiprecious metals or precious or semiprecious gems received or purchased for a period of fifteen calendar days after the purchase or possession by the dealer, whichever comes later. Every article received by the dealer or the dealer's agents, employees, or representatives shall be retained by the dealer in the county where received or purchased for a period of fifteen calendar days after the purchase or possession by the dealer, whichever comes later.

(b) Notwithstanding subsection (a) to the contrary, a secondhand dealer operating an automated recycling kiosk shall retain previously owned consumer handheld electronic cellular phone devices for a total period of thirty calendar days from the date they were received or purchased; provided that the secondhand dealer operating an automated recycling kiosk may store the previously owned consumer handheld electronic cellular phone devices at a business location outside the county where the devices were received or purchased; provided further that upon request by law enforcement within the thirty-day retention period, a secondhand dealer operating an automated recycling kiosk shall promptly return any requested devices no later than five business days from the date of the request at no cost to the requesting law enforcement agency.

[L 1982, c 282, pt of §2; gen ch 1985; am L 1991, c 120, pt of §1; am L 1998, c 99, §3; am L 2021, c 79, §2; am L 2022, c 108, §4]

§486M-5 Inspections

The chief of police of each county or the chief of police's authorized representative may immediately inspect, during normal business hours or whenever the dealer or the dealer's agents or employees are otherwise present, any records required by this chapter and any articles described in those records that the police reasonably believe are stolen goods.

[L 1982, c 282, pt of §2; gen ch 1985; am L 1991, c 120, pt of §1; am L 2021, c 79, §3]

§486M-6 Applicability

Any dealer who is otherwise licensed shall comply with the provisions of this chapter as a condition of the dealer's license except as to those statutory conditions of the license which are more restrictive.

[L 1982, c 282, pt of §2; am L 1991, c 120, pt of §1]

§486M-7 Penalties

Any dealer, or any agent, employee, or representative of a dealer who intentionally, knowingly, or recklessly violates any of the provisions of sections 486M-2, 486M-3, or 486M-4, or who refuses to allow the inspection provided for in section 486M-5, and any person who offers or records information that is required under section 486M-2 that the person knows or has reason to know is false, shall be guilty of a misdemeanor. Any dealer, or any agent, employee, or representative of a dealer who is convicted for a second violation of any provision of this chapter shall, in addition to the foregoing penalty, be permanently prohibited from engaging in the business of buying or selling of precious or semiprecious metals or precious or semiprecious gems or any article.

[L 1982, c 282, pt of §2; am L 1991, c 120, pt of §1; am L 2021, c 20, §2]

§486M-8 Severability

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

[L 1982, c 282, pt of §2; ree L 1991, c 120, pt of §1]