The Ivory Ban Is Real But Your Cues Are Safe At The Show.
I had posted explaining the difference between the Federal Law & Interstate Commerce Transactions and State Laws that regulate all Intrastate transactions but of course, Federal Law always have precedent , except when the law is silent about something. Any state can enact its own version of a Federal statute as long as the state law complies with all of the provisions of the Federal Law. Why would a state do that? Because although a state law can never supercede any Federal Law, it can enact more stringent penalties, sanctions and expand upon the Federal Law by making it even more restrictive and punitive that can include more harsh criminality charges.
Let's get this one item clear.......Possession or Ownership of a pool cue containing ivory is not illegal. No one is going to legally confiscate your pool cue and if an agency did that, they would be subject to legal penalties for applying the law improperly. The law is clear about this. If you now own a pool cue that contains ivory, it is legal. The issue that arises is where do you live? Does your state have any laws "in place".....on the books? If so, then that law has significance.
New Jersey banned ivory in June 2014 and a few months later, the State of New York passed legislation banning ivory sale (Aug. 2014). California enacted a ban on July 1, 2016. So I had two custom cues underway in 2015, one each from Bob Owen & Jerry Rauenzahn. California enacted its ivory ban in Nov 2015 with an effective date of July 1, 2016. The law is very clear and straightforward in California. I even met with the CA Fish & Wildlife Enforcement Division about obtaining CITES certification for my pool cues. Anyway, I had to tell Bob & Jerry my cues must reach me before the end of June because if the cues arrived on or after July 1st, they are subject to confiscation as an illegal purchase. I even argued "ex post facto" with the Enforcement Division of CA Fish & Wildlife but the CA State Attorney already issued written instructions that any cue delivery on July 1, 2016 or thereafter, that was in fulfillment of any purchase, sale or for any other procurement involving change of ownership, regardless of the original purchase or transaction date, was in violation of the new state law after July 1, 2017.
So I put pressure on Bob & Jerry and they accommodated the new time table and my cues arrived Memorial Day Weekend 2016, a month before the ban started. Everyone really needs to learn about what their own states are doing about enacting laws regulating ivory sales. Now if you are physically outside your state when you buy or sell your pool cue containing ivory, and the transaction occurs in a state that does not have any ivory restrictions, it is a legal and you have not violated your state law. I confirmed this with CA authorities so I have to go to Nevada to sell or ship my cues to a buyer in another state. While in Nevada, I could also trade any of my cues at a cue show or buy another cue and bring it home. I just cannot transact business while I am residing in CA according to the CA's law.
Anyway, on February 24, 2017, Pennsylvania moved forward with its own legislation regulating ivory which, to the best of my knowledge, has not yet been passed. The bill # is 248 and it prohibits the import, sale, purchase, barter or possession of ivory or rhinoceros horn with limited exception. Purchasing and selling any such products would become a misdemeanor of the second degree and would set unreasonable fines of $1,000 or more as yet to be determined. To the best of my knowledge, It has not yet been passed. SBE attendees should be okay but remember that any cue dealer selling, buying, trading or even just a swap, at SBE can still have a problem, If you buy or sell cues or are a cue-make and reside in a state that restricts the sale of ivory, you are still expected to abide by the law even when outside of your state jurisdiction. This is being argued right now but CA has stated the restriction is on the activities of the business and so unless the cue-maker's shop is outside of CA, he cannot sell any cues he makes in his shop in another state. It's tar baby issue admittedly and every state can rule differently so check the lay of the land where you reside.
Matt B.