Cross The Border, Lose Your Bentley; The Lacey Act Applies To Automobiles, Too

By Jack Baruth:

The music world is going nuts over the Federal Government’s second major raid of Gibson Guitars in just two years. Agents stopped production at Gibson’s facilities and confiscated massive quantities of wood, unfinished guitars, and finished products. This article covers the basics, including Gibson owner Henry Juszkiewicz’s decision to defy the federal government and continue shipping finished guitars to retailers after the raid.

Why would the government use armed agents to attack one of the few major manufacturers of anything remaining in the United States? The political motivations for such an action are outside the scope of this article, but the justification for the action is the Lacey Act, which regulates the importation of plants, animals, and products thereof into the United States. The Lacey Act effectively permits wooden musical instruments to be seized indefinitely, without compensation, and places the burden of proof on the owner, not the government. Do you own an $11,000 2011 Gibson Eric Clapton Edition Les Paul? Want to take it to Canada and back? You’d better be prepared to document the source of all materials to the government’s satisfaction upon your return, or you could lose it indefinitely. If you thinking documenting that is tough, what if you’re ZZ Top’s Billy Gibbons returning from an overseas tour with your real 1959 sunburst Les Paul, for which you’ve already turned down at least one $5,000,000 offer? Good luck documenting the wood from a fifty-two-year-old guitar.

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