oneshotwiss........if you search my threads & posts over the last year, I have raised this topic for discussion numerous times and the bottom-line is.....It is what it is......there is a lawsuit initiated in CA challenging this new law but I don;t hold out much hope.
I am fighting this issue through my local Assemblyman. In America, there are no ex post facto laws and our laws are enacted on a de facto basis. I want to order another cue from a select cue-maker but obviousy he cannot complete the cue in a couple of months and the cue-maker has a waiting list and the law takes effect July 1, 2016.
It is my contention that the date of the contract takes precedent since a legal obligation is created to pay for the item when completed or delivered. If my down-payment and order reaches the cue-maker before June 30, 2016, that cue should be exempt from the new CA ivory ban. If I paid for the cue in full before the ban, it would definitely be exempt the way the laws are enacted under the US Constitution. I submit that the contarct itself is the governing instrument and a cue order with a substantial down-payment.....say $3k since the cue would be costing me between $6k-$8k, that contract is as binding and valid as if I paid for the cue in full. As such, it is a de facto contract and should be exempt from the CA ban.
CA Fish & Wildlife does not agree and the ruling is anything shipped or sold after July 1, 2016 that is shipped into or out of California violates the law and will be prosecuted if detected. The one thing for sure is even if the fines were waved for a first time offense for the cue buyer, the cue-maker will get hammered hard and the cue is permanently confiscated.......so you are out that money too.
Everyone says don't worry....how would you ever get caught. There's not ivory cops out there opening parcels looking for ivory. In life, in case you hadn't noticed, things can happen for a variety of unexpected factors......sometimes just a collision of different circumstances. So if you shipment was ever detected, you will need an attorney, be prepared to pay fines and kiss your cue goodbye. It will be a financial disaster and it is just not worth it. The CA ban says you cannot do business inside California so if I want another cue, or wish to sell any of mine, I must be physically outside of CA, ex., at a cue show in another state, and I can buy and sell as much as I want but not while I am physically in CA. The possession of ivory is not against any law in the USA but there are locales where it cannot be sold.......CA, NJ, NY & Oregon is pending.
Just some FYI........why they don't just tax the sale of legal ivory since there are tons and tons of it already here pre-dating the enactment of any ivory bans? Use the proceeds for wildlife preservation programs? What about mammoth tusks? That's ivory but it's also banned as ivory as well. The law does not contemplate....does not distinguish.....that there has been ivory here in the USA way before any environmentalist ever noticed that the elephant population was shrinking....there is legal ivory here in America......and to quarrel or debate with that fact is the same as insisting that climate change isn't really happening because of carbon emissions.
When you encounter folks who are so aberrant minded and immune to actual hard core facts, just move on because it is a futile discussion......All the ivory in my pool cues is legally here in the USA from "very very old" dead elephants that died a long, long time ago and IMO....there is no equivalent substitute for ivory which is why my cues use for ferrules and joints.The inlays don't have to be ivory but since the ivory is legal and already being used for my cues' ferrules, joints & some butt caps, it makes sense to use ivory inlays as well........it adds a little more value to the cue.......and looks better than juma or anything else too.
The final outcome is for opponents of using ivory in pool cues is CA does not allow any type or amount of ivory to be sold after June 30. 2016. So they should be delighted and other states are emulating the ban on ivory so stay alert.......but the law is being challenged in CA and I am following the topic very closely for selfish reasons. Meanwhile, I can't wait to see how a cue underway turns out....it uses a lot of ivory as you can tell from the below photo and it doesn't include the ivory butt cap on my cue. Anyway, all of the ivory used by my cue-makers comes from accredited, licensed sources for legal, pre-ban ivory.
Matt B.