Act 125 — The “so-called” Ivory Ban

Act 125 — The “so-called” Ivory Ban

Question: What’s happening to the ivory ban that was passed in 2016 in Hawaii?

Answer: Commonly referred to as the “Ivory Ban,” Act 125 goes much further than just ivory. This new law prohibits selling, buying, trading any part (not just ivory) of the elephant, mammoth, rhinoceros, tiger, great ape, shark and ray, sea turtle, walrus, narwhal, whale, hippopotamus, monk seal, lion, pangolin, cheetah, jaguar, and leopard.

Exceptions are: (1) the banned animal part is documented as 100 years or older; (2) the banned animal part is less than 20% of the firearm (or any item) which was manufactured before 1975 and is a fixed component; it seems that inlays are okay but not removable ivory pistol grips; and (3) traditional cultural practices.

Possession of such animal parts is not prohibited. You can still own them, but you cannot sell or trade them, and you cannot acquire such parts by buying or trading. You can acquire or transfer ownership of these parts via inheritance. Violation of the law is a full misdemeanor. Maximum sentence is $2,000 fine and one year in jail. The right of a jury trial is afforded. The law is now in effect, but enforcement will not start until June 30, 2017.

The foregoing is a quick overview of this complex new law. For more detailed information, refer to http://www.capitol.hawaii.gov/session2016/bills/GM1226_.PDF.

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