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H 3935

An Act relative to ivory and rhinoceros horn trafficking

194th Legislature (2025-2026) Introduced by Jim Arciero and 49 co-sponsors

Bill H 3935 prohibits the sale and possession of ivory and rhinoceros horn in Massachusetts, aiming to protect endangered species and combat illegal trafficking.

Hearing scheduled for 10/21/2025 from 01:00 PM-05:00 PM in A-1
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Bill Summary · H 3935

Summary of Bill H 3935: An Act Relative to Ivory and Rhinoceros Horn Trafficking

Purpose and Intent

Bill H 3935 aims to combat the trafficking of ivory and rhinoceros horn within the Commonwealth of Massachusetts. The legislation seeks to strengthen existing laws by establishing clear definitions, prohibitions, and penalties related to the sale and possession of these materials, which are often linked to illegal wildlife trade and endangerment of species.

Key Provisions

The bill introduces a new chapter, Chapter 131C, to the General Laws of Massachusetts, which includes the following key provisions:

Definitions

  • Ivory: Refers to any tooth or tusk from elephants, mammoths, or mastodons, as well as products containing such materials.
  • Rhinoceros Horn: Includes the horn or any derivative thereof from any rhinoceros species.
  • Total Value: Defined as the greater of the fair market value or the actual price paid for the ivory or rhinoceros horn.

Prohibitions

  • Sales Restrictions: The bill prohibits the sale, purchase, or possession with intent to sell ivory or rhinoceros horn, with specific exceptions outlined below.
  • Prima Facie Evidence: Possession of ivory or rhinoceros horn in retail or wholesale outlets is considered prima facie evidence of intent to sell.

Exceptions

The following activities are exempt from the prohibitions:
1. Law enforcement activities by government employees.
2. Activities authorized by federal law.
3. Ivory or rhinoceros horn as part of musical instruments or antiques, provided they meet specific criteria (e.g., weight limits, age requirements).
4. Items containing a de minimis amount of ivory, with strict conditions regarding their provenance and manufacturing date.
5. Sales to bona fide educational or scientific institutions for educational purposes.

Affected Parties

  • Wildlife Conservation Advocates: The bill is expected to support efforts to protect endangered species by reducing illegal trafficking.
  • Retailers and Collectors: Individuals and businesses dealing in antiques or musical instruments may need to adjust their practices to comply with the new regulations.
  • Law Enforcement: Agencies will have clearer guidelines for enforcing laws against trafficking.

Procedural Aspects

  • Introduced: March 20, 2025
  • Hearing Scheduled: October 21, 2025, from 1:00 PM to 5:00 PM in A-1.
  • Legislative Actions: The bill has been reported and referred to the committee on Environment and Natural Resources, with a Senate concurrence on March 27, 2025.

Conclusion

Bill H 3935 represents a significant step towards addressing the illegal trade of ivory and rhinoceros horn in Massachusetts. By establishing clear definitions, prohibitions, and exceptions, the bill aims to protect endangered species while allowing for certain legitimate uses of these materials. The upcoming hearing will provide an opportunity for stakeholders to discuss the implications and effectiveness of the proposed legislation.

Compiled from official sources — confirm details with the bill’s official record.

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