§ 11-0535-A — Illegal ivory articles and rhinoceros horns

§ 11-0535-a. Illegal ivory articles and rhinoceros horns.\n 1. As used in this section:\n a. "Distribute" means a transfer or change in possession with an\naccompanying change in legal ownership.\n b. "Ivory article" means any item containing worked or raw ivory from\nany species of elephant or mammoth.\n c. "Raw ivory" means any elephant or mammoth tusk, and any piece\nthereof, the surface of which, polished, or unpolished, is unaltered or\nminimally carved.\n d. "Worked ivory" means any elephant or mammoth tusk, and any piece\nthereof, which is not raw ivory.\n 2. Except as otherwise provided in subdivision three of this section,\nno person shall sell, offer for sale, purchase, trade, barter or\ndistribute an ivory article or rhinoceros horn.\n 3. Unless such activity is prohibited by federal law, rule or\nregulation, the commissioner may issue licenses or permits for the sale,\noffering for sale, purchase, trading, bartering or distribution of ivory\narticles or rhinoceros horns, provided that:\n a. the ivory article or rhinoceros horn is part of a bona fide antique\nand is less than twenty percent by volume of such antique, and the\nantique status of such antique is established by the owner or seller\nthereof with historical documentation evidencing provenance and showing\nthe antique to be not less then one hundred years old;\n b. the distribution or change of possession of the ivory article or\nrhinoceros horn is for bona fide educational or scientific purposes, or\nto a museum chartered by the board of regents pursuant to the education\nlaw or to a museum authorized by a special charter from the legislature\nof this state; or\n c. the distribution of the ivory article or rhinoceros horn is to a\nlegal beneficiary of a trust or to an heir or distributee of an estate;\nor\n d. the ivory article or rhinoceros horn is part of a musical\ninstrument, including, without limitation, string and wind instruments\nand pianos, and the owner or seller provides historical documentation as\nthe department may require, demonstrating provenance and showing the\nitem was manufactured no later than nineteen hundred seventy-five.\n