Dale Erwin... RPT Mason & Hamlin/Steinway/U.S pianos www.Erwinspiano.com 209-577-8397 Price of the Day | Subscribe Free Sample | Ad Rates | Forums FTP Ads | Catalogs | Search Archives Home | Contact Us More on the California Ban on Selling Ivory by David Hewett In the April 2012 issue, on page 21-A, we noted the effect that the newly enforced California ban on ivory sales has had on the marketplace. After learning that one auction house had all its lots containing ivory seized (worth approximately $150,000), Bonhams withdrew over 100 lots of ivory from a March 13 sale of Asian decorative arts in San Francisco. Bonhams' public relations spokesperson for the San Francisco branch, Joalien Johnson, described the rationale behind its decision: "We withdrew the ivories from our March decorative sale proactively. We sought clarification from the state, but when it became apparent that such guidance was not forthcoming quickly, and our preview was approaching, we elected to withdraw the ivory lots in the interests of our clients." It was a voluntary decision on Bonhams' part, she said, not one made under pressure from the state. "We've contacted the clients and informed them that we're deferring sales of their items in California until we get more clarification," Johnson noted. Bonhams needs to know how the state is currently interpreting the California statutory ban, she said. She also noted that Bonhams was better placed than local auction houses to handle a ban on certain categories of antiques. "As an international auction house with galleries in the major markets, Bonhams has other options for selling this category of material, should it choose to." The California statute covers all parts of endangered species subjects, including the antique articles that regularly appear in sales of American maritime and whaling material. When we asked about those categories, Johnson said, "Our staff is mindful of the various rules and regulations that apply to the broader category of ivory material." Patrick Foy, the spokesperson for the Enforcement Division of the California Department of Fish and Game, was less than happy about the way his department was depicted in the April report. About the allegation from Bob Slawinski that 25 uniformed and armed agents conducted the raid on Slawinski's auction house on February 18, Foy said tersely, "It didn't happen that way." As for their being uniformed and armed, Foy explained, "We are uniformed and armed every day; I'm uniformed and armed while I'm talking to you. When we check somebody's fishing license we're uniformed and armed. I don't want people to think that we do anything differently for these inspections [for contraband ivory]." There has been some discussion among California sellers that plans were underway to re-auction the seized ivory for the benefit of the fish and game department. Foy snorted in disbelief when asked for comment. "Under no circumstances are we going to auction that material," he said and added emphatically, "No, fish and game is not going to auction it off. "It's the property of the court," he explained, "not fish and game. Any evidence seized in a crime investigation becomes the property of the court. A judge decides what to do with it. What usually happens is, the judge gives us an order for destruction of the seized material. It will be destroyed if the court tells us to do so." There are a number of California laws pertaining to the handling of seized material. California Penal Code 1536 reads: "All property or things taken on a warrant must be retained by the officer in his custody, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to which the property or things taken is triable." Other sections of the penal code direct that no employee's pay can be tied to the number or value of seizures made by that officer. California Penal Code 11469b reads: "No prosecutor's or sworn law enforcement officer's employment or salary shall be made to depend upon the level of seizures or forfeitures he or she achieves." What triggers a seizure? Patrick Foy had an easy answer for that question. "If it's sitting in a case with a price tag on it, it is a violation. Possession with intent to sell is the way the law is written. "I have not heard of any whale ivory being seized," Foy cautioned, "but remember, it does fall within that section of the law." The laws pertaining to sales of ivory (California Penal Code Sections 653o and p) are clearly written and explicit. Offering to sell ivory or putting a price tag on anything containing ivory, or part of any creature on the endangered species list, is illegal in California. You can disagree with the method California chose to accomplish that task, but the time to halt the legislation has passed. As Patrick Foy pointed out, "We're not trying to put antiques dealers out of work; we're only trying to stem the trade in wildlife parts." As far as enforcement officials are concerned, if you disobey the law and they catch you, your ivory, antique or not, will be seized and possibly destroyed. Originally published in the May 2012 issue of Maine Antique Digest. © 2012 Maine Antique Digest ShareThis Dale Erwin... RPT Mason & Hamlin/Steinway/U.S pianos www.Erwinspiano.com 209-577-8397 -------------- next part -------------- An HTML attachment was scrubbed... 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