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Old 01-26-2011, 09:25 PM   #1
repticland
 
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Default Is it illegal

is it against the law to fight Betta in the US(illinois) i did a seach and am getting alot of mixed answers. There is a lot of hate for betta fighting on the web but i dont think any of them understand Betta or atleast plakat betta
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Old 01-26-2011, 09:50 PM   #2
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I saw your shoutbox on Flowerhorncraze. No it is not illegal to fight bettas. It is only illegal because of the unorganized gambling with betta fighting. No law is stated anywhere that it is illegal to fight "bettas". They only mentioned all mammals and warm blooded animals such as cock fighting and dog fighting. All these rumors about betta fighting is not true at all so don't get skeptic about it. If they are truly illegal, don't you think they would bust anyone that try to sell any bettas that is listed as "5 stars" or any other bettas that is listed as "fighters"? The forum and the internet is public, easy to get caught if its illegal. So by all means, no it is not illegal and yes I know you are trying to sell fighters. Saw your post on MFK also. Good luck with your sale, and maybe you can find some buyers on this forum.
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Old 01-26-2011, 09:51 PM   #3
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The only laws im aware of are thoughs for warm blooded animals being
fought.
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Old 01-26-2011, 09:55 PM   #4
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id test some eventually going to need a bit of them to test quality of my projects and for fun in my starting new ring.
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Old 01-27-2011, 11:08 AM   #5
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as far as I know any animal fighting legislation on the books applies to dogs, bulls, and gamecocks. I've read a few of the newer laws they've passed that covered gamecocks and dogs and do not recall seeing anything about fish.
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Old 01-27-2011, 12:43 PM   #6
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but don't all that falls into animal cruelty?
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Old 01-27-2011, 01:53 PM   #7
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Public Law 94-279
94th Congress, S. 1941
April 22, 1976
[ http://awic.nal.usda.gov/nal_display...ment_default=0 ]


[Animal fighting venture, prohibition. 7 USC 2156.] "SEC. 26. (a) It shall be unlawful for any person to knowingly sponsor or exhibit any animal in any animal fighting venture to which any animal was moved in interstate or foreign commerce.

"(b) It shall be unlawful for any person to knowingly sell, buy, transport, or deliver to another person or receive from another person for purposes of transportation, in interstate for foreign commerce, any dog or other animal for purposes of having the dog or other animal participate in an animal fighting venture.

[Penalties.] "(c) It shall be unlawful for any person to knowingly use the mail service of the United States Postal Service or any interstate instrumentality for purposes of promoting or in any other manner furthering an animal fighting venture except as performed outside the limits of the States of the United States.

"(d) Not withstanding the provisions of subsection (a), (b), or (c) of this section, the activities prohibited by such subsection shall be unlawful with respect to fighting ventures involving live birds only if the fight is to take place in a State where it would be in violation of the laws thereof.

"(e) Any person who violates subsection (a), (b), or (c) shall be fined not more than $5,000 or imprisoned for not more than 1 year, or both, for each such violation.

[Investigation. Warrant. Costs, recovery.] "(f) The Secretary or any other person authorized by him shall make such investigations as the Secretary deems necessary to determine whether any person has violated or is violating any provision of this section, and the Secretary may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, or other law enforcement agencies of the United States, and State and local governmental agencies, in the conduct of such investigations, under cooperative agreements with such agencies. A warrant to search for and seize any animal which there is probable cause to believe was involved in any violation of this section may be issued by any judge of the United States or of a State court of record or by a United States magistrate within the district wherein the animal sought is located. Any United States marshal or any person authorized under this section to conduct investigations may apply for and execute any such warrant, and any animal seized under such a warrant shall be held by the United States marshal or other authorized person pending disposition thereof by the court in accordance with this paragraph (f). Necessary care including veterinary treatment shall be provided while the animals are so held in custody. Any animal involved in any violation of this section shall be liable to be proceeded against and forfeited to the United States at any time on complaint filed in any United States district court or other court of the United States for any jurisdiction in which the animal is found and upon a judgement of forfeiture shall be disposed of by sale for lawful purposes or by other humane means, as the court may direct. Costs incurred by the United States for care of animals seized and forfeited under this section shall be recoverable from the owner of the animals if he appears in such forfeiture proceeding or in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business.

[Definitions.] "(g) For purposes of this section--

"(1) the term `animal fighting venture' means any event which involves a fight between at least two animals and is conducted for purposes of sport, wagering, or entertainment except that the term for `animal fighting venture' shall not be deemed to include any activity the primary purpose of which involves the use of one or more animals in hunting another animal or animals, such as waterfowl, bird, raccoon, or fox hunting;

"(2) the term `interstate or foreign commerce' means--

"(A) any movement between any place in a State to any place in another State or between places in the same State through another State; or

"(B) any movement from a foreign country into any State;

"(3) the term `interstate instrumentality' means telegraph, telephone, radio, or television operating interstate or foreign commerce;

"(4) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory orpossession of the United States;

"(5) the term `animal' means any live bird, or any live dog or other mammal, except man; and

"(6) the conduct by any person of any activity prohibited by this section shall not render such person subject to the other sections of this Act as a dealer, exhibitor, or otherwise.

"(h)(1) The provisions of this Act shall not supersede or otherwise invalidate any such State, local, or municipal legislation or ordinance relating to animal fighting ventures except in case of a direct and irreconcilable conflict between any requirements thereunder and this Act or any rule, regulation, or standard hereunder.
---------------------------------------------------------------------------------

Here's my take on this

*Note that fish arent included in this. Only mammals.
But yes, Gambling is prohibited though haha.
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Old 01-27-2011, 03:35 PM   #8
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Quote:
Originally Posted by bettaJ View Post
Public Law 94-279
94th Congress, S. 1941
April 22, 1976
[ http://awic.nal.usda.gov/nal_display...ment_default=0 ]


[Animal fighting venture, prohibition. 7 USC 2156.] "SEC. 26. (a) It shall be unlawful for any person to knowingly sponsor or exhibit any animal in any animal fighting venture to which any animal was moved in interstate or foreign commerce.

"(b) It shall be unlawful for any person to knowingly sell, buy, transport, or deliver to another person or receive from another person for purposes of transportation, in interstate for foreign commerce, any dog or other animal for purposes of having the dog or other animal participate in an animal fighting venture.

[Penalties.] "(c) It shall be unlawful for any person to knowingly use the mail service of the United States Postal Service or any interstate instrumentality for purposes of promoting or in any other manner furthering an animal fighting venture except as performed outside the limits of the States of the United States.

"(d) Not withstanding the provisions of subsection (a), (b), or (c) of this section, the activities prohibited by such subsection shall be unlawful with respect to fighting ventures involving live birds only if the fight is to take place in a State where it would be in violation of the laws thereof.

"(e) Any person who violates subsection (a), (b), or (c) shall be fined not more than $5,000 or imprisoned for not more than 1 year, or both, for each such violation.

[Investigation. Warrant. Costs, recovery.] "(f) The Secretary or any other person authorized by him shall make such investigations as the Secretary deems necessary to determine whether any person has violated or is violating any provision of this section, and the Secretary may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, or other law enforcement agencies of the United States, and State and local governmental agencies, in the conduct of such investigations, under cooperative agreements with such agencies. A warrant to search for and seize any animal which there is probable cause to believe was involved in any violation of this section may be issued by any judge of the United States or of a State court of record or by a United States magistrate within the district wherein the animal sought is located. Any United States marshal or any person authorized under this section to conduct investigations may apply for and execute any such warrant, and any animal seized under such a warrant shall be held by the United States marshal or other authorized person pending disposition thereof by the court in accordance with this paragraph (f). Necessary care including veterinary treatment shall be provided while the animals are so held in custody. Any animal involved in any violation of this section shall be liable to be proceeded against and forfeited to the United States at any time on complaint filed in any United States district court or other court of the United States for any jurisdiction in which the animal is found and upon a judgement of forfeiture shall be disposed of by sale for lawful purposes or by other humane means, as the court may direct. Costs incurred by the United States for care of animals seized and forfeited under this section shall be recoverable from the owner of the animals if he appears in such forfeiture proceeding or in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business.

[Definitions.] "(g) For purposes of this section--

"(1) the term `animal fighting venture' means any event which involves a fight between at least two animals and is conducted for purposes of sport, wagering, or entertainment except that the term for `animal fighting venture' shall not be deemed to include any activity the primary purpose of which involves the use of one or more animals in hunting another animal or animals, such as waterfowl, bird, raccoon, or fox hunting;

"(2) the term `interstate or foreign commerce' means--

"(A) any movement between any place in a State to any place in another State or between places in the same State through another State; or

"(B) any movement from a foreign country into any State;

"(3) the term `interstate instrumentality' means telegraph, telephone, radio, or television operating interstate or foreign commerce;

"(4) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory orpossession of the United States;

"(5) the term `animal' means any live bird, or any live dog or other mammal, except man; and

"(6) the conduct by any person of any activity prohibited by this section shall not render such person subject to the other sections of this Act as a dealer, exhibitor, or otherwise.

"(h)(1) The provisions of this Act shall not supersede or otherwise invalidate any such State, local, or municipal legislation or ordinance relating to animal fighting ventures except in case of a direct and irreconcilable conflict between any requirements thereunder and this Act or any rule, regulation, or standard hereunder.
---------------------------------------------------------------------------------

Here's my take on this

*Note that fish arent included in this. Only mammals.
But yes, Gambling is prohibited though haha.

And it also restates that you have to check state laws because this was a guideline and some states dont have the same laws as others.
i like how humans get to show our aggression in fights that could end in death, but likely will not.
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Last edited by Titustc; 01-27-2011 at 03:52 PM.
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Old 01-27-2011, 07:16 PM   #9
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thanks guys
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Old 01-28-2011, 01:06 PM   #10
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fighting fish isnt illegal, but gambling and betting money on it sure is.
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