Folks,
The United States Constitution specifically prohibits the passage or enactment of ex post facto laws.
Clause 3, Article 1, Section 9 prohibits Congress from enacting any form of ex post facto legislation.
The states are prohibited from enacting ex post facto facto laws under Clause 1, Section 1, Article 10.
Generally the prohibition of ex post facto laws has mutually been applied to both civil & criminal matters.
Recently, the Adam Walsh Child Protection Act of 2006 became an exception to ex post facto enactment.
Regardless, the federal ivory ban & every state enacted ivory restriction is exclusively on a de facto basis.
So what does that mean? This is as straightforward as any answer can be. It is not illegal now or ever to
own or possess ivory of any type within the U.S. borders. However, it is illegal to sell or buy ivory as has
been specifically recited under the federal law. Ownership and transportation are different than buying and
selling. If you take the goods out of the USA, it is subject to challenge since your intention might be to sell
it or deliver it for a illegal sale already made. You will need to bring the item back with you upon re-entry to
the USA. You can’t leave it behind or you can be accused of selling it. You can say it was stolen or lost but
you are in for some expenses and headaches proving you’re innocent. The only safe way to protect your cues
during international travel is to have a CITES certificate but none have ever been issued for a pool cue.
You may be able to show proof of ownership of the cue but the ivory can be challenged as being illegal. Since
1978 ivory imports and exports have been strictly regulated. Pre-ban ivory is legal but ivory that is newer,
well, good luck on that one. So how is the age of the ivory determined? They drill & take core samples to age it.
So basically your cue can be turned into Swiss Cheese and there isn’t a thing you can do about it either. When
you pass through US Customs, you are at the mercy of the Agents & their understanding of the laws. And you
aren’t going to get them to change their decision by debating the the point with them so you are out of luck.
So the real headaches are essentially associated with International travel. Domestic travel has zero restrictions
within the contiguous United States and direct flights to Alaska & also Hawaii. If you travel through Canada on
the way to Alaska, you likely will be challenged since it’s a International crossing. But no bones about it, I can
take my cues anywhere in the USA and the cues cannot be legally confiscated by any agency or authority
state, city, county or federal. All the ivory laws are enacted de facto & cannot be retroactively applied (ex post facto).