Explore The NRA Universe Of Websites

APPEARS IN News

Ivory Ban Fact Sheet

Wednesday, March 5, 2014

On February 11, 2014, the Obama administration announced a “National Strategy for Combating Wildlife Trafficking” and a proposal to ban all U.S. commercial trade in elephant ivory.  Two weeks later, the director of the U.S. Fish and Wildlife Service issued an order announcing the steps it would take to implement that ban.

While the goal of restricting illegal commerce in endangered species is laudable—hunters in America and around the world are second to no one in seeking protection and restoration of species such as elephants and rhinos—the effects of the ivory ban would be disastrous for American gun owners and sportsmen.

Ivory has been used in gun making for centuries, just as it has been used in fine furniture, jewelry, or musical instruments. Ivory is widely used in rifle and shotgun sights and sight inserts, and for ornamental inlays in rifle and shotgun stocks.  Custom handguns—such as General George S. Patton’s famous revolvers—are also often fitted with ivory grips.[1] Ivory is also widely used in related accessories used by hunters and fishermen, such as knife handles, and handles for gun cleaning equipment and tools.

Sale of all of those items could be banned if the Obama administration’s proposal goes into effect as stated. 

For decades, the United States has generally banned the commercial importation of African elephant ivory other than antique items more than 100 years old; it also bans the commercial export of all raw ivory and strictly regulates export of worked ivory.[2]  However, legally imported ivory may be sold within the U.S., because the Fish and Wildlife Service has long presumed that most ivory in the U.S. was legally imported and that its sale in the U.S. would not increase poaching.[3]

But now, the FWS plans to revoke the current regulatory exception allowing commerce in lawfully imported elephant ivory within the U.S.[4] A White House fact sheet elaborates, stating that the administration’s new rule will “prohibit sales within a state unless the seller can demonstrate an item was lawfully imported prior to 1990 for African elephants and 1975 for Asian elephants, or under an exemption document.”[5]

At a February 26, 2014 hearing of the House Foreign Affairs Committee, U.S. Fish and Wildlife Service director Daniel M. Ashe confirmed that under the FWS’s policy to “end the legal commerce in ivory,” it will be illegal to sell any firearm or other item that contains any amount of ivory and that is less than 100 years old.  Even for items at least 100 years old, the burden of proof would be on the seller to show that the ivory is old enough—a nearly impossible burden to carry, since even a firearm or other item more than 100 years old may have been restored with newer ivory parts.  Meeting the FWS standards of proof would be challenging and expensive, as FWS will require evidence such as scientific testing, a “qualified appraisal,” or other “detailed history” information ranging from family photos to “ethnographic fieldwork.”[6]

Consider the following scenarios:

  • A gun owner inherits, and wants to sell, a valuable antique rifle containing ivory parts.  While the rifle is undoubtedly more than 100 years old, it also shows signs of more recent restoration.  Will the owner be able to show that all of the ivory parts are more than 100 years old?
  • A gunsmith is asked to repair a pre-World War II shotgun.  To do so in the correct fashion for the period, he needs to replace the sight’s elephant ivory bead, which is only one-eighth of an inch in diameter.[7]  Under the FWS proposal, he would be unable to obtain the raw materials to complete the repairunless a seller could show that this tiny amount of ivory was lawfully imported before 1990 (if it came from an African elephant) or before 1975 (if it came from an Asian elephant).
  • A dealer in fine firearms has an even more recent, and highly valuable, custom rifle that comes with custom-made matching accessories such as ivory-handled screwdrivers and ivory-inlaid oil bottles.[8]  Under the FWS proposal, the dealer could not sell this work of art as a setunless he could show that the accessories were made from legally imported “grandfathered” ivory.

Most important, restricting trade in these items—all made of ivory from elephants taken long ago—will do nothing to further current anti-poaching efforts, or to reduce the illicit trade in Africa, Asia and elsewhere. 

Fortunately, revocation of the exception for domestic sales will require a rulemaking process—which will give concerned citizens, and Congress, an opportunity to make their voices heard.

 


[1]See John Elliot, “The Known and Lesser Known Carry Guns of George S. Patton,” available athttp://www.guns.com/2011/06/17/the-known-and-lesser-known-carry-guns-of-george-s-patton/.

[2]50 C.F.R. § 17.40(e).

[3]Id.; U.S. Fish and Wildlife Service, Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Certain Populations of the African Elephant and Revision of Special Rule, 56 Fed. Reg. 11392, 11398-400 (March 18, 1991).

[4]See U.S. Fish and Wildlife Service, Director’s Order No. 210, Feb. 25, 2014, available at http://www.fws.gov/policy/do210.pdf; see alsohttp://www.fws.gov/international/pdf/directors-order-210-questions-and-answers.pdf.

IN THIS ARTICLE
Hunting/Conservation
TRENDING NOW
Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

Tuesday, March 26, 2024

Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

In a temporary reprieve for Colorado gun owners, the semi-auto ban HB24-1292 has been removed from the calendar. But we cannot let our guard down as gun control advocates can bring it up for a vote at ...

The U.S. Supreme Court Looks at Government “Blacklists”

News  

Tuesday, March 26, 2024

The U.S. Supreme Court Looks at Government “Blacklists”

Much of the attention this past week in the United States Supreme Court was the oral arguments in National Rifle Association of America v. Vullo, No. 22-842, a First Amendment case on whether government officials ...

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Wednesday, March 20, 2024

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Yesterday the House Judiciary Committee held a hearing on House Bill 24-1292, the semi-auto ban, that lasted over 12 hours where hundreds of patriotic Coloradans overloaded the committee with opposition testimony. The hearing concluded with an ...

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

News  

Tuesday, March 26, 2024

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

On March 19, the city of Chicago filed suit against handgun manufacturer Glock. Seeking to shift responsibility for the city’s woeful governance, Chicago’s lawsuit blames the popular firearm manufacturer for the third-party criminal misuse of ...

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

News  

Second Amendment  

Monday, March 25, 2024

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

In response to the NRA’s victory in Bruen, which secured every American’s right to carry arms, NY passed the “Concealed Carry Improvement Act,” severely restricting carry throughout the state. The 2nd Circuit upheld many of ...

Washington: Governor Signs Anti-Gun Legislation

Wednesday, March 27, 2024

Washington: Governor Signs Anti-Gun Legislation

Today, Governor Inslee signed five anti-gun bills into law that were recently passed by the Washington State Legislature. The bills include:

Anti-gun Democrats Seek to Undermine Law Passed to Protect Veterans’ Rights

News  

Tuesday, March 19, 2024

Anti-gun Democrats Seek to Undermine Law Passed to Protect Veterans’ Rights

Last week we reported on a major breakthrough on behalf of veterans who risked losing their Second Amendment rights because of a long-running scheme by the Department of Veterans Affairs (VA) to report certain beneficiaries ...

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

Wednesday, March 20, 2024

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

On Wednesday, the Senate Game & Fisheries Committee voted 7-4 to pass Senate Bill 67 to the Senate floor for a vote. 

Colorado: Semi-Auto Ban Scheduled for Floor Vote Today!

Thursday, March 21, 2024

Colorado: Semi-Auto Ban Scheduled for Floor Vote Today!

Today, the House is scheduled to vote on HB24-1292, the ban on semi-automatic firearms. Please contact your legislators today by using the button below and urge them to OPPOSE HB24-1292!

Louisiana: Firearms Bills on the Move - Take Action Now!

Monday, March 25, 2024

Louisiana: Firearms Bills on the Move - Take Action Now!

A number of firearm-related bills, including enhanced preemption, are moving in the Louisiana Legislature. It's critical that NRA members and Second Amendment supporters get involved to keep the momentum going!

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.