May 14, 2009

Question: I have a few small pieces of scrimshaw elephant ivory that my Grandfather gave me in 1960, and an ivory piece that is actually fossilized. Is it legal to sell the pieces in California? (Ted C., Redding)

Answer: No, it is a misdemeanor to sell ivory in California (Penal Code Section 653o). According to Game Warden Patrick Foy, this section also specifically mentions several other species for which it is unlawful to sell any part thereof. Crocodiles and alligators were recently added to the list, but will not take effect until Jan 1, 2010.

This law basically says that it is illegal to import into California for commercial purposes, or to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx or elephant.

Violating any provision of this section makes the person doing so guilty of a misdemeanor. Violators are subject to a fine of not less than $1,000 (up to $5,000), up to six months in jail or both — for each violation.