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MMD > Archives > April 2015 > 2015.04.02 > 01Prev  Next


Ivory Sale and Possession in New York State
By Craig Smith

Dear MMD subscribers,  Here is some information for anyone in the state
of New York who is considering the disposition or sale of a piano or
other musical instrument that contains ivory.  I checked this out
because a friend of mine was arrested in January for having one small
ivory statue on his table at an antique show without having a DEC
[New York State Dept. of Environmental Conservation] permit for it.
Another dealer at the show (who specializes in ivory items) faces jail
time and several hundred thousand dollars in fines.  Both of them had
licenses under the old rules.

This new law in New York State is much more restrictive than the old
rules about importing and exporting ivory.  It took effect last October
2014 and you can read the FAQs about the law at

  http://www.dec.ny.gov/docs/wildlife_pdf/ivoryfaqs.pdf 

Here is a brief summary about the part that refers to musical
instruments like pianos.

The law relates to the sale, purchase, trade, barter or distribution
of a musical instrument that contains elephant or mammoth ivory or
rhinoceros horn. (Distribution includes passing it on to a legal
beneficiary of an estate as well as selling it or giving it away.)

What can be distributed?

[Answer:] A musical instrument comprising ivory that was manufactured
prior to 1975 and is not prohibited by Federal law.  A New York State
DEC permit is necessary.  The proof needed to obtain a permit is

(1) A sworn affidavit;

(2) Historical documentation establishing provenance and showing that
the instrument was manufactured before 1975;

(3) One or more photographs of the article.

Lastly, the seller/giver is required to have a permit in hand and to
provide the recipient with a copy of the permit and documentation.

It appears that the minimum fine is $3000 for each item and I was told
that there is also a possibility of jail time.  For instance, if you
have a large orchestrion with an ivory keyboard and it's worth more
than $25,000, then it's a class D felony to just offer it for sale in
New York unless you have a permit.

I wonder how the auction houses and estate executors are going to deal
with this requirement since you need a permit for each and every item
that contains ivory or horn.

By the way, in case someone asks, my player piano is definitely _not_
for sale.  Same for the small pile of ivory keytops I have for repairs.

Craig Smith
Upstate New York

 [ A permit for the sale of a musical instrument with ivory is
 [ mentioned at http://www.dec.ny.gov/permits/45831.html  -- Robbie


(Message sent Thu 2 Apr 2015, 04:08:36 GMT, from time zone GMT-0700.)

Key Words in Subject:  Ivory, New, Possession, Sale, State, York

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