Selling Ivory in California

July 23, 2009

Question: I purchased a lot of ivory beads, findings and pendants in Los Angeles in 1983. When I heard about the elephant poaching in Africa I put all of this ivory away for 30 years. I am now in a very desperate financial situation though and need to sell everything I own. I made some necklaces from this ivory and put them online to sell. I checked the laws about ivory and was told that I could not import or export out of the states, but I could sell what I have within the United States. Is this information accurate? If not, can I sell these pieces legally any place? (Patti D.)

Answer: According to Captain (ret.) Phil Nelms, both state and federal laws restrict the sale of ivory.

The state law, California Penal Code Section 653(o), addresses the sale of ivory from any of these animals: 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. This is a very broad definition of “ivory,” which typically only refers to the teeth and tusks of elephants or marine mammals.

It sounds like you have elephant ivory, which is one of the animals listed in Section 653 above, so you cannot possess it for sale or sell it in California, including online.

Elephants, marine mammals and some other critters covered by Section 653 are additionally protected by federal laws (e.g., the Marine Mammal Protection Act and the Endangered Species Act). If you legally acquired ivory from one of these animals prior to the enactment of the federal laws, then you may be exempt from the provisions of these federal laws, but not the California law. Unfortunately, California law does not include a “grandfather” or pre-act exemption clause; thus there’s a good chance that you’ll still be breaking California law if you offer your ivory for sale in California. We recommend you contact the US Fish and Wildlife Service and/or a private attorney for an explanation regarding the applicability of federal laws and legality of selling your ivory in other states. You may also want to contact each state individually to inquire about applicable laws.

No pre-exemption clause in CA?! 


"Sir, I'm going to confiscate those piano keys."

What about Elk Teeth, That wasn't mentioned!

Fun fact - Bow-makers (violin, viola, cello, double bass) have been using 'Mastadon Ivory' for the white plate located at the tip of the bow - it's already fossilized, and they're being dug up all over the United States... but without proper documentation, musicians are at risk of having their bows confiscated at airports if traveling internationally...

http://www.allthingsstrings.com/News/News/Ivory-Ban-Rocks-the-String-World

Very interesting.  I have an Ivory Chess Set that I bought in Hong Kong in 1973.  I gave it to my son, but it still resides in our home.  I'm not sure what the source of the Ivory is but it sounds like it would be illegal to sell. It's not something I would even consider buying today but times were very different in the 70s.

Very interesting.  I have an Ivory Chess Set that I bought in Hong Kong in 1973.  I gave it to my son, but it still resides in our home.  I'm not sure what the source of the Ivory is but it sounds like it would be illegal to sell. It's not something I would even consider buying today but times were very different in the 70s.

We have a piano from the 18th c., and it took a whole lot of nature rape to make it... Tusk ivory and ebony keys, old growth spruce & mahogany.  I wonder how many laws I would break by selling it.  Does anyone know if prohibited woods have a grandfather clause?