Legalize
Ferrets

After all, they’re called Domestic Ferrets!

Ferret Legalization Now a Property Rights Battle

Note: I’ve been searching for an attorney for awhile without luck. Previously I searched  for an Animal Attorney. But our issue is better defined as a property rights issue. And I found on the Internet a poorly worded document:

The California Constitution guarantees its citizens certain inalienable rights, one of which is the right to acquire, possess and protect property.[FN3] Property in California encompasses a broad class of “things” and is defined in terms of ownership. [FN4] Accordingly, California’s Civil Code includes “all domestic animals” as property subject to ownership.[FN5]

I misread that to say the state constitution gave us the right to own domestic animals. Nope, that is in the civil code. So I am backtracking in my conversation with a property rights attorney. Here is my message to him:


Thank you for speaking to me about our concerns regarding the domestic and illegal status of ferrets in California. I called you back last week in a state of discouragement. I’d like to quickly outline our issue and hope that you are still interested. If, however, you don’t see a legal challenge as viable I will accept that and move on.

The issue:

CIVIL CODE – CIV
DIVISION 2. PROPERTY [654 – 1422]
( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. )
PART 1. PROPERTY IN GENERAL [654 – 749]
( Part 1 enacted 1872. )
TITLE 1. NATURE OF PROPERTY [654 – 663]
( Title 1 enacted 1872. )
655.
There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, trade marks and signs, and of rights created or granted by statute.
(Enacted 1872.)

The point is domestic ferrets are domestic. You will not find any disagreement to this statement, but you will be hard pressed to find anyone in state government willing to discuss it.
The laws being used to continue the illegal of status are:

FISH AND GAME CODE – FGC
DIVISION 3. FISH AND GAME GENERALLY [2000 – 2945]
(Division 3 enacted by Stats. 1957, Ch. 456. )
CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 – 2210]
(Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. )
ARTICLE 1. Generally [2116 – 2128]
(Article 1 enacted by Stats. 1957, Ch. 456. )

2116.

As used in this chapter, “wild animal” means any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class Osteichtyes (bony fishes), class Monorhina (lampreys), class Reptilia (reptiles), class Crustacea (crayfish), or class Gastropoda (slugs, snails) which is not normally domesticated in this state as determined by the commission.
(Amended by Stats. 1974, Ch. 1503.)

I am not including pages of animals which are not relevant to me

FISH AND GAME CODE – FGC
DIVISION 3. FISH AND GAME GENERALLY [2000 – 2945]
( Division 3 enacted by Stats. 1957, Ch. 456. )
CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 – 2210]
( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. )
ARTICLE 1. Generally [2116 – 2128]
( Article 1 enacted by Stats. 1957, Ch. 456. )

2118.

It is unlawful to import, transport, possess, or release alive into this state, except under a revocable, nontransferable permit as provided in this chapter and the regulations pertaining thereto, any wild animal of the following species:
Class Mammalia (mammals)
(b)
Mammals of the orders Primates, Edentata, Dermoptera, Monotremata, Pholidota, Tubulidentata, Proboscidea, Perissodactyla, Hyracoidea, Sirenia and Carnivora are restricted for the welfare of the animals, except animals of the families Viverridae and Mustelidae in the order Carnivora are restricted because such animals are undesirable and a menace to native wildlife, the agricultural interests of the state, or to the public health or safety.
(Amended by Stats. 2003, Ch. 62, Sec. 97. Effective January 1, 2004.)

California Code of Regulations

(CCR), title 14, section 671

§ 671. Importation, Transportation and Possession of Live Restricted Animals.
(a) It shall be unlawful to import, transport, or possess live animals restricted in subsection (c) below except under permit issued by the department. Permits may be issued by the department as specified herein and for purposes designated in Section 671.1 subject to the conditions and restrictions designated by the department. Except for mammals listed in Fish and Game Code Section 3950 or live aquatic animals requiring a permit pursuant to Fish and Game Code Section 2271, no permit is required by this section for any animal being imported, transported, or possessed pursuant to any other permit issued by the department. Cities and counties may also prohibit possession or require a permit for these and other species not requiring a state permit.
(b) The commission has determined the below listed animals are not normally domesticated in this state. Mammals listed to prevent the depletion of wild populations and to provide for animal welfare are termed “welfare animals” and are designated by the letter “W”. Those species listed because they pose a threat to native wildlife, the agriculture interests of the state or to public health or safety are termed “detrimental animals” and are designated by the letter “D”. The department shall include the list of welfare and detrimental wild animals as part of DFG MANUAL NO. 671 (2/25/92) IMPORTATION, TRANSPORTATION AND POSSESSION OF RESTRICTED SPECIES, to be made available to all permittees and other interested individuals.

These codes are in conflict, or more directly Codes 2116, 2118 and 671 wouldn’t work to ban ferrets if domestic ferrets were properly classified as domestic animals.

But you are the attorney. And we need your help.

We have exhausted all other avenues. There is some legal defeats on our plate. But do you see this as a battle you would be willing to engage in?

Thank you,

Pat Wright

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