Earlier this afternoon I received official word that as of July 1, 2016, if you reside in California,
even if you have prepaid for a pool cue containing any type of ivory, the cue has to reach you
before July 1st. If the cue is delivered after that date, you will be in violation of the ivory ban and
both the cue-maker (even non-resident CA cue-makers) and the pool cue owner are subject to
prosecution under the California law......AB96.
Kinda sucks since I had to pass up on a dream coming true because of this dumb law.
Anyway, that's straight from CA Dept of Fish & Wildlife per Assemblyman Jim Patterson.
I inquired with his office for a legal interpretation of what de facto means & was told that
even if a cue was paid for in full, it has to reach the buyer in CA before July 1st.
Below is the email I received last week and Brianna just called me earlier today to let me know CA Fish & Wildlife
notified her office that June 30th is the drop dead date for any purchases or sales of anything with any ivory
anywhere within the geographical boundaries of California. If you have any cues coming to you from a CA cue-maker
containing ivory, you had better get in touch fast as the ban is only a few months away.
Matt B.
Hello Matthew,
I spoke to our policy consultant who analyzed the bill and responded with the following:
My understanding is that it would likely be illegal, and the legality of the pool cue would be based on the Department of Fish and Wildlife’s interpretation of the statute.
The exemptions to the law are only under the following conditions:
(1)An employee or agent of the federal or state government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.
(2) An activity that is authorized by an exemption or permit under federal law or that is otherwise expressly authorized under federal law.
(3) Ivory or rhinoceros horn that is part of a musical instrument, including, but not limited to, a string or wind instrument or piano, and that is less than 20 percent by volume of the instrument, if the owner or seller provides historical documentation demonstrating provenance and showing the item was manufactured no later than 1975.
(4) Ivory or rhinoceros horn that is part of a bona fide antique and that is less than five percent by volume of the antique, if the antique status is established by the owner or seller of the antique with historical documentation demonstrating provenance and showing the antique to be not less than 100 years old.
(5) The purchase, sale, offer for sale, possession with intent to sell, or importation with intent to sell ivory or rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution.
He would need to check with the Department for 100% certainty, but I’m fairly certain he would be in violation of the law. I won’t provide any “legal” advice on if the constituent paid for it now (prior to July 1st) would that be a qualified exemption. The bottom line for the constituent is for a first conviction where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense would be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.
My recommendation on the bill was an Oppose, but (if it were me) I wouldn’t tempt fate.
It seems going through with the transaction would be risky. That being said, I have also reached out to the Department of Fish and Wildlife, and I will let you know what they respond.
Thank you,
Brianna Padilla
Office of Assemblyman Patterson
6245 N. Fresno Street, Suite 106
Fresno, CA 93710
(559) 446-2029
even if you have prepaid for a pool cue containing any type of ivory, the cue has to reach you
before July 1st. If the cue is delivered after that date, you will be in violation of the ivory ban and
both the cue-maker (even non-resident CA cue-makers) and the pool cue owner are subject to
prosecution under the California law......AB96.
Kinda sucks since I had to pass up on a dream coming true because of this dumb law.
Anyway, that's straight from CA Dept of Fish & Wildlife per Assemblyman Jim Patterson.
I inquired with his office for a legal interpretation of what de facto means & was told that
even if a cue was paid for in full, it has to reach the buyer in CA before July 1st.
Below is the email I received last week and Brianna just called me earlier today to let me know CA Fish & Wildlife
notified her office that June 30th is the drop dead date for any purchases or sales of anything with any ivory
anywhere within the geographical boundaries of California. If you have any cues coming to you from a CA cue-maker
containing ivory, you had better get in touch fast as the ban is only a few months away.
Matt B.
Hello Matthew,
I spoke to our policy consultant who analyzed the bill and responded with the following:
My understanding is that it would likely be illegal, and the legality of the pool cue would be based on the Department of Fish and Wildlife’s interpretation of the statute.
The exemptions to the law are only under the following conditions:
(1)An employee or agent of the federal or state government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.
(2) An activity that is authorized by an exemption or permit under federal law or that is otherwise expressly authorized under federal law.
(3) Ivory or rhinoceros horn that is part of a musical instrument, including, but not limited to, a string or wind instrument or piano, and that is less than 20 percent by volume of the instrument, if the owner or seller provides historical documentation demonstrating provenance and showing the item was manufactured no later than 1975.
(4) Ivory or rhinoceros horn that is part of a bona fide antique and that is less than five percent by volume of the antique, if the antique status is established by the owner or seller of the antique with historical documentation demonstrating provenance and showing the antique to be not less than 100 years old.
(5) The purchase, sale, offer for sale, possession with intent to sell, or importation with intent to sell ivory or rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution.
He would need to check with the Department for 100% certainty, but I’m fairly certain he would be in violation of the law. I won’t provide any “legal” advice on if the constituent paid for it now (prior to July 1st) would that be a qualified exemption. The bottom line for the constituent is for a first conviction where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense would be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.
My recommendation on the bill was an Oppose, but (if it were me) I wouldn’t tempt fate.
It seems going through with the transaction would be risky. That being said, I have also reached out to the Department of Fish and Wildlife, and I will let you know what they respond.
Thank you,
Brianna Padilla
Office of Assemblyman Patterson
6245 N. Fresno Street, Suite 106
Fresno, CA 93710
(559) 446-2029
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