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State law jurisdiction question

ocitalis Jul 01, 2007 02:54 PM

If a US citizen's home state forbids the sale of a given reptile, is the person bound by those laws regardless of where the sale takes place? That is, do the laws govern only what may take place inside the state, or do they in any way follow a person out of state? The location of sale is the issue, or location of a persons permanent residence?
If this has been addressed elsewhere forgive me. Thank you.

Replies (4)

rpelaez Jul 01, 2007 05:04 PM

Generally, I believe the violation has to occur within the political jurisdiction of the state enforcing the law. I believe this is true for federal law governing state violations as well (the Lacey Act). Years ago, word had it-don't know if it's true, there was Attorney General's Opinion in the state AZ which declared it a violation of AZ state law if a resident of AZ went over a CA reptile expo and purchased an AZ indigenous herp (because AZ law doesn't allow for commercialization of native species) and brought the herp back to AZ. But, opinions are like #$#^^^^^, especially on this forum-lol, everybody has one.

R

Herpo Jul 01, 2007 05:25 PM

If your state prohibits the sale of an animal taken from the wild and you take one from the wild and transport it to another state to sell then you are in fiolation of both state and federal laws. Lacey Act.

ocitalis Jul 01, 2007 07:07 PM

Thank you for the reply but the animal is legally owned in the home state, and not wild caught.

rpelaez Jul 01, 2007 05:37 PM

You've received two opinions, each are diametrically opposed-lol!!!

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