I think perhaps that some people aren't aware that the United States, as a country, has had a ban on imported elephant ivory since 1976. That ban is still in place today and is strictly enforced by the Obama administration. Whether the New Jersey law passes or not that federal ban will still remain in place, and no one here is saying that it shouldn't.
And the federal government is now going farther -- though not as far as NY and NJ: http://www.doi.gov/news/pressreleas...t-to-combat-poaching-wildlife-trafficking.cfm . But the states have the right to go that extra step.
Since there is already a national ban in place, whether the New Jersey law passes or not will have no affect on poaching, or the lives of elephants, because the federal law already prohibits the importation of elephant ivory. A state law that affects only that one state isn't going to have more power than the federal law, or add any power to a federal law that already covers the entire country.
But the states have a right to enact their own laws if they feel a stricter enforcement is useful. And NY and NJ are large markets. We're not talking about Wyoming.
All the New Jersey law does is address the trafficking of ivory in that state alone, it has no affect on the trafficking of ivory in other states. More specifically, all it does is prohibit ivory from being brought into New Jersey, and prohibits people from selling legally owned ivory in New Jersey that is already in New Jersey. What it doesn't do is prohibit ivory owners from taking their ivory out of New Jersey and selling it in other states. Whether the law passes or not, the buying and selling of ivory will continue in other states.
Nope. See above re new federal rules.
What the law does do is deny citizens of that state the freedom to sell legally obtained, and legally owned property, as they wish in that state. And personally, I consider a law that infringes on the freedoms of a citizen of this country in such a way to be un-American. Neither a state government, nor the federal government should infringe on a persons right to sell legally obtained, and legally owned property, as they see fit, when that property can't possibly cause harm to anyone.
Furthermore, this law would require the criminal prosecution of people in that state who choose to sell their legally obtained, and legally owned property, despite the fact that doing so would not cause harm to anyone. If a person were arrested, prosecuted, and denied of their liberty because they choose to sell a family heirloom made of ivory, or any other item that contained even the smallest piece of ivory, I would call that an injustice.
You are unfamiliar with landmark law, which severely restricts the ability to deal with real property. It's a far harsher result, but, under federal law and the law of all 50 states, regulation of property isn't an unconstitutional "taking" and may be felt to be unjust. But where there are countervailing interests (e.g., wildlife conservation or, in the case of landmarks, some historical significance) that need to be taken into account, regulation is perfectly permissible, despite perceived injustice.
As far as telling the difference between ivory products, there is a big difference between fossilized ivory and non-fossilized ivory. Fossilized ivory is ivory that has undergone a process of mineralization that takes at least 10,000 years. There are no expensive tests that need to be performed, and no carbon dating required to distinguish fossilized ivory from non-fossilized ivory. And it is impossible to fake the mineralization process that creates fossilized ivory. Therefore, since fossilized ivory can easily and definitively be distinguished from non-fossilized ivory, and since fossilized ivory didn't come from any poached elephants, there is no logical reason to prohibit trade in fossilized ivory, which this law does.
No your facts are incorrect. See this discussion: http://www.gia.edu/gems-gemology-Spring-2013-zuowei-ivory . A quote: "The two materials [fossilized ivory and modern elephant ivory] look similar, and it is difficult to distinguish them with the unaided eye, especially when the fossil ivory is relatively unweathered."
As far as legally owned items already in New Jersey that are made of non-fossilized elephant ivory, again, a simple method of certification that shows the item was in the state before the law, paid for by the ivory owner, could be used to allow them to sell their legally owned ivory in that state.
The proposed federal rules adopt such an approach: "We will finalize a proposed rule that will reaffirm and clarify that sales across state lines are prohibited, except for bona fide antiques, and 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." NJ wants to go farther. You may disagree, but the state may feels its own enforcement is more cost-efficient than the federal approach.
And then there are the non-elephant species of ivory that are legal to own and import into this country (walrus, boar, etc). Such forms of ivory are easily distinguishable from elephant ivory. The sale of such items has no impact on the lives of elephants. And once again, the New Jersey law would deny its citizens the freedom to import and/or sell such legal items inside that state, and make criminals of those who do.
Walrus, hippo and narwhal are clearly included. Boar certainly could be, but it isn't expressly mentioned. And yes, total freedom is being curtailed -- but in the cause of wildlife conservation. It's a balancing of interests that you may not like, but as I posted earlier, 80% of NYers polled were in favor of the proposed NY law. I'd be surprised if the result in NJ were different.
As far as saving elephants is concerned, I'm all in favor of it, but there are other countries on this planet who have a high demand for ivory, and no law here in the US is going to stop that. The people outside the US who want elephant ivory are buying up as much as they can get, so it's not like the poachers will loose any business as the result of any US, or New Jersey state law. Even with the total import ban on elephant ivory here in the US, the elephant ivory trade is booming in other countries. And the laws of New Jersey aren't going to have the slightest effect on that, or save a single elephant.