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<p>[QUOTE=&quot;Conder101, post: 2108010, member: 66&quot;]As to the question about whether it would be legal to GIVE someone a counterfeit, I think it would depend on what the clause &quot;distribute in commerce&quot; means.&nbsp; Or whether giving it away provided &quot;substantial assistance or support&quot; to the manufacturer or importer of the counterfeit.</p><p><br /></p><p>Actually the HPA is a little confusing. Sec&nbsp; 2b seems to only apply to the manufacturers or importers of the fakes.&nbsp; Sec 2d seems to be the oly part that applies to people buying and selling them, and it only seems to apply if they are knowing providing substantial assistance or support to those&nbsp; people in violation of Sec 2b the manufacturers or importers.</p><p><br /></p><p>So if I own an unmarked fake made after 1973 and I sell it, I didn&#039;t manufacturer it or import it so I haven&#039;t violated Sec 2b, and whom specifically, manufacturer or importer, am I providing substantial assistance or support to?</p><p><br /></p><p>Since I haven&#039;t violated Sec 2b I am not liable for Private enforcement under Sec 3.</p><p><br /></p><p>I can&#039;t tell if I would be liable for enforcement by the Federal Trade Commission but cause it is not spelled out in the HPA.</p><p><br /></p><p>Under Sec 5 the fake would be liable for confiscation by Customs, if it can be shown to have been imported and not manufactured domestically.&nbsp; There does not appear to be any manditory forfeiture if it was made domestically.</p><p><br /></p><p>So we go to the FTC rules</p><p><br /></p><p>Sec 304.3 once again only seems to apply to manufacturers or importers.</p><p><br /></p><p>Sec 304.6 does require the fake to be marked, but there still seems to be no real penalty in the HPA of the FTC rules except for manufacturer, importers, or those who provide assistance to the manufacturers or importers.</p><p><br /></p><p>It seems like everyday collector to collector transactions would therefor seem to be governed by the US Code Title 18 Sec 489</p><p><br /></p><p>Whoever, within the United States, makes or brings therein from any foreign country, <b>or possesses with intent to sell, give away, or in any other manner uses the same</b>, except under authority of the Secretary of the Treasury or other proper officer of the United States, any token, disk, or device in the likeness or similitude as to design, color, or the inscription thereon of any of the coins of the United States or of any foreign country issued as money, either under the authority of the United States or under the authority of any foreign government shall be fined under this title.</p><p><br /></p><p>Title 18 Sec 489 appears to make even the contemporary counterfeits made before 1973 illegal to buy or sell.</p><p><br /></p><p>Basically our legal code is so complex that if they want to get you for something there is a reason in there somewhere they can use against you.[/QUOTE]</p><p><br /></p>

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