WARNING: Knife Rights Foundation provides this summary for informational purposes only and cannot guarantee the accuracy of this information. Knife Rights Foundation does not offer legal advice. You should not rely on the information provided in this summary as an alternative to legal advice from a licensed attorney.
Generally (below): Illegal to import, sell, offer for sale, purchase, barter or possess with the intent to sell – Generally interpreted to also include working on or with ivory including knifemaking and scrimshaw or repairs using ivory (including mammoth ivory where indicated)
California (legislative AB96)
Effective: July 1, 2016
Covered: Elephant, Hippopotamus, Mammoth, Mastodon, Walrus, Warthog, Whale, or Narwhal ("tooth or tusk"), Rhinoceros Horn
Knife Related Exceptions: Antiques 100+ years old, no more than 5% by volume
Penalties: (e)(1) 1st conviction, total value $250 or less = misdemeanor punishable by $1,000 – $10,000, imprisonment not more than 30 days, or both. (2) 1st conviction, total value +$250 = misdemeanor punishable by $5,000 – $40,000, imprisonment not more than 1 year, or both (3) 2nd+ conviction, total value $250 or less = misdemeanor punishable $5,000 – $40,000, imprisonment not more than 1 year, or both (4) 2nd+ conviction, total value +$250 = misdemeanor punishable $10,000 – $50,000 or the amount equal to 2 times total value of the ivory involved in the violation, whichever is greater, imprisonment for not more than 1 year, or both (f) In addition to, and separate from, any criminal penalty an administrative penalty of up to $10,000 may be imposed
NOTES: Illegal: "giving away in conjunction with a commercial transaction, or giving away at a location where a commercial transaction occurred at least once during the same or the previous calendar year." "Possession of ivory [including mammoth] or rhinoceros horn in a retail or wholesale outlet commonly used for the buying or selling of similar items is prima facie evidence of possession with intent to sell." [a knife show would likely be considered such a "retail or wholesale outlet"] A lawsuit has been filed challenging the constitutionality of this law under California’s Constitution.
New Jersey (legislative A3128)
Effective: February, 2015
Covered: Elephant, Hippopotamus, Narwhal, Walrus or Whale Ivory ("tooth or tusk"), Mammoth Ivory ("tooth or tusk"), Rhinoceros Horn
Knife Related Exceptions: NONE
Penalties: 1st offence: "Disorderly Persons Offense" (misdemeanor equivalent) fine not less than $1,000 or 2 times the total value of the ivory whichever is greater, imprisonment for up to 6 months, or both; 2nd and subsequent offence: "Crime of the Fourth Degree" (4th degree felony equivalent) fine not less than $5,000 or 2 times the total value of the ivory whichever is greater or imprisonment up to 18 months, fine up to $10,000, or both
NOTES: "presumptive evidence of possession with intent to sell when any ivory, ivory product [including mammoth], rhinoceros horn, or rhinoceros horn product is possessed in a retail or wholesale outlet commonly used for the buying or selling of similar products…" [a knife show would likely be considered such a "retail or wholesale outlet"]
New York (legislative A10143)
Effective: August 2014
Covered: Elephant Ivory, Mammoth Ivory (including tooth), Rhinoceros Horn
Knife Related Exceptions: Antiques 100+ years old, no more than 20% by volume or weight, and only with New York State Department of Environmental Protection issued permit
Penalties: 1. value up to $250 = violation punishable by fine of $500 and/or imprisonment up to 15 days; 2. value $251 – $1,500 = misdemeanor punishable by fine of $5,000 and/or imprisonment up to 1 year; 3. value 1,501+ = Class E felony punishable by imprisonment up to 4 years; 4. value $25,000+ = Class D felony punishable by imprisonment up to 7 years / 1st violation = fine up $3,000 or up to 2 times the value, whichever is greater; 2nd violation+ = fine up to $6,000 or up to 3 times the value, whichever is greater
NOTES:
Washington (Initiative)
Effective: November 2015
Covered: Elephant Ivory plus any parts or product of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, shark, or ray either: (a) Listed in appendix I or appendix II of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES); or (b) listed as critically endangered, endangered, or vulnerable on the International Union for Conservation of Nature and Natural Resources Red List of Threatened Species. (WARNING: many still legal species are visually identical to listed threatened or endangered species, e.g. rays and shark – buyers may want to ensure documentation proving legality is provided in such cases)
Knife Related Exceptions: Antiques 100+ years old, no more than 15% by volume
Penalties: 1st conviction, total value up to $250 = Gross Misdemeanor punishable by imprisonment not more than 364 days, fine up to $5,000, or both. 1st conviction, total value $251+ or 2nd+ conviction = Class C Felony punishable by imprisonment for 5 years, fine up to $10,000, or both. In addition, any conviction requires payment of a "criminal wildlife penalty assessment" of $2,000
NOTES: Mammoth Ivory not included