How to Dispose of Ivory Without Breaking the Law

To dispose of ivory legally, you have four realistic paths: surrender it to the U.S. Fish and Wildlife Service, donate it to a museum or educational institution, sell it only if it fits a narrow federal exemption and your state allows it, or destroy it. Owning ivory you acquired lawfully is not illegal, but a near-total federal ban on commercial trade in African elephant ivory took effect on July 6, 2016, and it sharply limits what you can do with a piece once you decide to let it go.¹

Figure Out Your Ivory’s Legal Status First

Before you pick a disposal path, know what you have. If your ivory is legal to sell, all four options are open. If it isn’t, or you can’t prove it, your realistic choices narrow to surrender, uncompensated donation, or destruction.

Federal law draws its lines by date and origin. African elephant ivory can be sold within your state only if you can show it was lawfully imported before January 18, 1990. Selling it across state lines requires more: it must have been legally acquired and removed from the wild before February 26, 1976, and meet additional conditions, or it must qualify as an antique under the Endangered Species Act.¹ Asian elephant ivory is stricter still: it must have been legally imported before July 1, 1975, or meet the antique exemption. If you cannot tell whether a piece is African or Asian ivory, federal guidance says you may only do what would be legal for both.²

The ESA antique exemption requires all of the following: the piece is at least 100 years old, it has not been repaired or modified with ivory or other protected wildlife materials after December 28, 1973, and it entered the country through a legal port of entry. Both African and Asian ivory can qualify.

The burden of proof is on you. Useful documentation includes CITES pre-Convention certificates, dated family photographs, correspondence referencing the item, purchase receipts, and estate or probate records.¹ For antique items, a qualified appraisal from an expert who can assess age and provenance carries real weight, typically at $150 to $500 per hour. If you have nothing on paper and no way to prove age or import date, treat the item as unsaleable and move on to the other options.

Surrendering Ivory to Wildlife Authorities

Surrender is the cleanest option when you don’t want the item anymore and don’t want to worry about provenance. The U.S. Fish and Wildlife Service operates the National Wildlife Property Repository in Commerce City, Colorado, which accepts public donations of wildlife products including ivory. Surrendered items are used for law enforcement training, educational programs, and public exhibits rather than resold.³

The USFWS also partners with the Association of Zoos and Aquariums and its Wildlife Trafficking Alliance to run periodic “Toss the Tusk” ivory surrender events at accredited zoos. You walk in, hand over your ivory, and walk out. No questions are asked about how you acquired it, and the events are designed to be judgment-free.⁴ They aren’t held on a fixed schedule, so check the AZA or USFWS websites for dates near you.

Donating Ivory to Museums and Educational Institutions

Federal law does not prohibit giving ivory away as long as nothing of value is exchanged in return.² Donating to a museum, university, or conservation organization keeps the piece out of commercial channels and puts it to educational use.

Contact the institution first. Most will want to see your provenance documentation and may authenticate the item themselves before accepting it. The transfer usually involves a written donation agreement describing the item, its provenance, and confirming that ownership is transferring without payment. Hand over every document you have; the Fish and Wildlife Service recommends keeping documentation with the item through any future transfer.²

Tax Considerations for Donations

A donation to a qualified charitable organization may support a federal tax deduction, but the IRS has specific rules. If your noncash contributions total more than $500, you must file IRS Form 8283 with your return.⁵ For donations valued above $5,000, you generally need a qualified appraisal from an independent appraiser; you cannot set the value yourself. Deductions for donated appreciated property to a public charity are typically capped at 30% of your adjusted gross income, with excess carried forward up to five years. Given the cost of an appraisal, this route makes the most sense for pieces likely worth several thousand dollars.

Selling Ivory Only if You Qualify

Selling is available in narrow circumstances, and the rules split by whether the sale crosses state lines.

Within your state, you can sell African elephant ivory if you can demonstrate it was lawfully imported before January 18, 1990.¹ Across state lines, the ivory must either qualify as an ESA antique or be a manufactured item containing only a de minimis quantity of ivory. For de minimis, the ivory must be a minor component of a larger manufactured product rather than the primary material. An ivory-handled letter opener may qualify; a carved tusk will not.

Be careful with online listings. Selling on a platform that operates nationally or internationally is treated as interstate or foreign commerce even if the buyer turns out to be local, and several major marketplaces have banned ivory listings outright regardless of legal status.

State Laws Can Override Federal Allowances

Federal law is the floor. Roughly ten states have their own ivory trade restrictions, and several go further than the federal rules. California, New York, New Jersey, Hawaii, and Illinois are among the states with the broadest bans, some of which cover mammoth and walrus ivory in addition to elephant ivory. A few eliminate the antique exemption entirely, meaning a piece that federal law would let you sell may still be illegal to sell where you live. Check your state’s wildlife trade laws before you list anything.

Destroying Ivory

Physical destruction is a recognized disposal method. There is no federal prohibition against destroying ivory you own. This is a reasonable choice when you have a piece that lacks provenance, isn’t a candidate for donation, and you simply want it gone. Consider photographing and documenting the destruction for your own records so the item cannot later be linked to illegal trade.

Penalties for Getting It Wrong

The consequences of an illegal sale or transfer are serious. The Endangered Species Act authorizes civil penalties of up to $25,000 per violation for knowingly violating the Act or its permits, up to $12,000 per violation for knowingly violating regulations issued under it, and up to $500 per violation even for unknowing violations.⁶ Willful violations can bring criminal prosecution, and the Lacey Act adds a separate federal layer that can carry felony charges and imprisonment for trafficking in illegally taken wildlife. Ignorance of the law is not a reliable defense, which is why documentation matters so much before you attempt any sale. If you can’t prove your ivory’s status and you sell it anyway, the risk is real.

1
U.S. Fish & Wildlife Service. What Can I Do With My Ivory
2
U.S. Fish and Wildlife Service. Elephant Ivory FAQs
3
U.S. Fish & Wildlife Service. About the National Wildlife Property Repository
4
Saint Louis Zoo. Ivory Surrender Events Invite Public to Toss the Tusk to Save Elephants
5
Internal Revenue Service. About Form 8283, Noncash Charitable Contributions
6
U.S. Fish & Wildlife Service. Section 11 – Penalties and Enforcement