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Can You Legally Sell a Used Toy That Was Banned as Dangerous (Jarts Lawn Darts)
My question involves a consumer law issue in the State of: PA
heres the story,, i was watching youtube last night about people finding hidden gold and stuff in old houses, and the house im in now was built in 1890's so before moving i figured i better search it for treasure before heading to Colorado lol
so i headed down to the basement this morning looking for gold, i didn't come a crossed that, but what i did find was a mint cond, first issue 1960's jarts missile game still in the box!!!
it has never been played, the box is a bit dirty but inside housed a mint set of these, they were also called lawn darts later on,, these are the first ones made with the metal pointed tips, so i took the box upstairs and wanted to see how much i could get for this kids toy, only to find out they have been outlawed and it may even be illegal for me to have this game in my house from what i read, i find it hard to believe that though, but i figured id post this and see what you guys might know,, i would like to sell these things but don't want to break any laws.
i found this from a site that talked about them,, i used to play with a set of these in the 70s early 80s myself,, its how i knew just what these were
"Well, kids will be kids and what kid does’t want to hurl a metal spear at their bully neighbor or pestering sibling? And they did. These toys, um, er I mean weapons, were the cause of numerous backyard injuries and even deaths. In April of 1987 when seven year old Michelle Snow was killed by a thrown jart in Riverside, California that was the last straw.
After the little girl’s death the Consumer Protection Agency issued a federal ban on the manufacturing of Jarts. No more. After 6,500 emergency room visits and several documented deaths, the game was no more. You can still by a Jarts set online or from an overseas company but you risk arrest and fines if you are caught possessing one of these game sets. “Jarts” the “family missile game” soon became known as “The Game of Death” and vanished from the markets."
heres a picture of what they look like for the younger people that have no idea of what im talking about
http://s10.postimg.org/lo6agf4ft/jar..._2_630x472.jpg
http://s29.postimg.org/6x6yy0ufr/jarts_ebay_630x472.jpg
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
Jarts are ILLEGAL to sell. PERIOD. End of Story. The CPSC has made them hazardous material.
Ebay won't tolerate them to be sold. Any listings you find for them will go poof in short order.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
Bring it to a toy collector show. You can Google shows in your area. There is an admission price usually of $5 to $20. Walk around and see if there are venders with vintage toys. I bet he would buy it in a heart beat.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
yea I researched selling it on ebay, others have had issues, it was said once they pull an ad they investigate your other buys/sells so im staying away from ebay with this item,, this is pretty funny though,,, this game is the number one listed most dangerous toy ever on the market,, it has killed 3 kids and injured over 6000.
is it illegal to sell this item to an adult in PA? I was thinking about clist but dealing with locals,, with my luck the police will be knocking on my door again,, lol
I read somewhere that these sets are worth around 100 bucks,, I don't really want to go out of my way to sell it,, I figured ill mail it or someone can stop over and pick it up,, I do find this entire thing pretty funny even talking about the legality of selling a children's toy that I once played with as a child.
here is a video I found that pretty much explains what us kids used to do with these evil things lol
Lawn Darts
https://www.youtube.com/watch?v=NE6415eqzWI
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
AGAIN, It is illegal to sell these in the UNITED STATES. ANYWHERE. ANYHOW. PERIOD. END OF STORY.
They are officially hazardous material.
You are not only breaking the law but you are opening yourself up for incredible liability. DESTROY THESE.
http://www.cpsc.gov//PageFiles/122377/5053.pdf
(The ebay listing above has been removed).
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Re: Can You Legally Sell a Used Toy That Was Banned as Dangerous (Jarts Lawn Darts)
I think the bigger question here would be, if you sold this set, would you be liable for injury or death?
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
ok,,I understand that stores cannot sell these anymore to the public on shelves or manufacture them anymore, but im talking about the private sale to an adult for collecting reasons, I could even get the buyer to sign a waiver stating im not liable etc?
does anyone know how much power the CPSC really has over private collecting sales to an adult? would really be my next question here, my take on the CPSC is that they only govern retailors/manufactures not the private sales to the public, I could be wrong, I just never came a crossed such an issue like this before,, I don't want to destroy these things, if I cant legally sell them I will keep them for my own use, as it does bring back some fond memories.
where did you see it was classified as hazardous material? that seems to be some really harsh wording there
ps., I did call that 800 number to the CPSC link you posted,, they are closed till monday
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
I still think your best bet is to sell them at a toy show. If they are only worth $100, you wouldn't get $100 for them, you would get maybe $60 or $70 because the vendor would want to make a profit.
Remember, the vendor isn't going to hurt him self with them because he isn't going to play with them. If you sell them for $100 to a collector, he may want to show his friends how it works and hurt someone. For $30, I wouldn't risk getting a letter in the mail from a lawyer.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
Can You Legally Sell a Used Toy That Was Banned as Dangerous (Jarts Lawn Darts)
No. You cannot legally sell a used toy that was banned as dangerous.
I hope that this is now clear to you.
Next irrelevant question, please.
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Re: Can You Legally Sell a Used Toy That Was Banned as Dangerous (Jarts Lawn Darts)
It sounds to me after watching the video this is one of those gov't regulations designed to maintain a substandard polluted gene pool.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
cbg, you SIR are wrong, as I have just found proof
some digging just now on the cpsc site,,, "I have found "Under the law, it is illegal for retailers to sell or offer for sale a product in violation of the CPSIA or other CPSC laws."
so it would seem I was correct that CPSC only has power over retailers, I on the other hand not a retailer, thus making this legal to sell in a private sale. whos that guy does have a point about liability,, but I would suspect I could write up some type of contract and make the buyer sign for it, so that's what im going to do, ill run an AD in the local paper, as clist will probably not allow banned toy ADS, with an AD placed over the phone to the paper nobody will be able to remove it once they find out its a banned toy. if the said paper has some rules about such ADS. im off to place my AD, if they are still open.
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Disagreeable
It sounds to me after watching the video this is one of those gov't regulations designed to maintain a substandard polluted gene pool.
its a great toy,, I had lots of fun as a child playing with these,, we would see how high we could toss them up and run before they fell on us
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
Cut and pasted directly from the CPSC website:
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.
That's, person. Not, retailer. Person. You are a person, are you not? Then it is illegal for you to sell a product that has been recalled by the Commission.
http://www.cpsc.gov/en/Newsroom/News...-Be-Destroyed/
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
AGAIN it is ILLEGAL under federal law to sell these interstate. It matters not if you are a "retailer" or a "collector" or whatever. It is ILLEGAL.
Similarly the PENNSYLVANIA statutes defines SUPPLIER as anyone who sells things in the Commonwealth. It makes no distinction as to whether you are a retail store or someone doing causal sales.
You are 100% WRONG about both the CPSC and the laws in Pennsylvania. They apply to EVERYONE.
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Re: Can You Legally Sell a Used Toy That Was Banned as Dangerous (Jarts Lawn Darts)
Once the CPSC bans an item as dangerous, it becomes unlawful for any person to sell the item. 15 U.S.C. § 2068. Violation of that provision can be prosecuted as a federal felony, and can trigger civil penalties.
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Re: Can You Legally Sell a Used Toy That Was Banned as Dangerous (Jarts Lawn Darts)
They oughta ban cigarettes and guns as dangerous. Both kill one heck of a lot of people- including kids- every year.
End of rant.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
ok,, just to be on the safe side, ill sell a photograph of a dog, that I will print out on my printer and sell that for 100 bucks plus ill give the darts away for free as a "free girt"
I learn this from people on the Denver clist selling marijuana,, as its against the law in Colorado to privately sell marijuana, but you get it free with a photo that costs 60bucks, they deliver it to, and the ads have never been deleted.
theres no law that states that you need to destroy this toy, they only urged/asked that you do, its legal to have this in your possession if your a private party.
so what about doing that?
on a different note this game is a wonderful piece of Americana that needs to remain and not be destroyed, that's just my personal opinion, its games like these that have brought lots of joy to children in the 60s,70s and even into the 80s, im really shocked to learn about such strict laws damming this product to the point where its illegal. its really ridiculous,, I can see banning the manufacturing of course, but private sales decades later,, that's just going to far.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
Toni, is someones life worth that little to you? Just off it to a serious toy collector for what you can get.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
really?,, im not handing out a loaded gun to a 4year old here, ill make sure its an adult for god sake, anyone that is going to pay 100bucks will be a collector anyway,,i would feel safe about such a transaction, this lawn dart thing is out of hand,, I googled arrests due to lawn darts just to be sure, and found that someone was in fact arrested over these things,, it happened in Canada though no US laws,, in Canada you cannot even own a set.
Trudeau Charged by Ottawa Police with Possession of Illegal Darts
http://thelapine.ca/trudeau-charged-...illegal-darts/
update,,, PS, this was the only thing I found on my treasure hunt of this entire old house, I really want that hundred bucks so I can say I found something worth taking the time to look all around,, I had cob webs in my hair and got really dirty on that hunt around this house.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
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tonynewman
ok,, just to be on the safe side, ill sell a photograph of a dog, that I will print out on my printer and sell that for 100 bucks plus ill give the darts away for free as a "free girt"
I learn this from people on the Denver clist selling marijuana,, as its against the law in Colorado to privately sell marijuana, but you get it free with a photo that costs 60bucks, they deliver it to, and the ads have never been deleted.
theres no law that states that you need to destroy this toy, they only urged/asked that you do, its legal to have this in your possession if your a private party.
so what about doing that?
on a different note this game is a wonderful piece of Americana that needs to remain and not be destroyed, that's just my personal opinion, its games like these that have brought lots of joy to children in the 60s,70s and even into the 80s, im really shocked to learn about such strict laws damming this product to the point where its illegal. its really ridiculous,, I can see banning the manufacturing of course, but private sales decades later,, that's just going to far.
Well, nobody is forcing you to tolerate the laws in this fair country.
Have at 'em, Tone.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
Dis, honey, consider the source. We all know that that Tony has the brains of a pea hen and the common sense of a billy goat.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
hahaha im going to rebel!!! im going outside right now and tossing these lawn darts up in the air like I did when I was a kid,, and if those coppers show up, im just going to yell out,, im I being detained!!!! im I free to go!!! and I don't answer questions! show them a copy of the US constitution and explain how they are in violation of some amendments,, later ill post it to youtube under "lawn dart Nazis arrest"
:cool:
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
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cbg
Dis, honey, consider the source. We all know that that Tony has the brains of a pea hen and the common sense of a billy goat.
at least I don't have a stuttering problem while while typing
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
Okay.....:confused:
I just calls them as I sees them, Tony boy.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
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tonynewman
at least I don't have a stuttering problem while while typing
That's the best you have?! BWAAAHAHAHAHAHA.
Honey, my "special needs" puppy could run circles around you.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
you two should come on over,, I need someone to help catch the lawn jarts :friendly_wink:
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
Sorry, can't.
Got some grapes to microwave.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
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tonynewman
ok,, just to be on the safe side, ill sell a photograph of a dog, that I will print out on my printer and sell that for 100 bucks plus ill give the darts away for free as a "free girt"
Unfortunately for you, Tony, even if that worked and the court considered the lawn darts a “free gift” (and very likely it would not, it would see the substance of the transaction as a disguised sale of the lawn darts) the federal Consumer Product Safety Act (15 U.S.C. § 2015n et seq) makes it illegal even to just distribute a banned hazardous substance. Thus giving the lawn darts away as part of a sale of other items is also illegal. You may face a civil penalty of up to $100,000 (which will increase over time due to an inflation adjustment provision) and/or imprisonment in a federal prison for up to 5 years and a criminal fine of up to $250,000. Even if you avoided much prison time, the potential fines and civil penalties could make a huge dent in your upcoming inheritance. The max money penalties of $350,000 would buy you a lot of legal weed in Colorado over the years. And that doesn't include all the legal fees you’ll incur along the way if the feds come after you. Finally, the buyer can sue you for damages they may suffer from use of the banned substance that you sold or distributed to them. You really want to risk a criminal record, imprisonment, and potentially expensive fines to sell these lawn darts? The smart thing to do here is just chuck these darts, as others have mentioned. Continue on with the idea of doing stupid stuff like selling banned substances and your inheritance won’t last you long.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
I just think it is neat you can own hunting arrows, play with hunting arrows, but not sell lawn darts.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
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Disagreeable
I just think it is neat you can own hunting arrows, play with hunting arrows, but not sell lawn darts.
Toy soldiers.
Lead.
Can't have those, either.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
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Disagreeable
I just think it is neat you can own hunting arrows, play with hunting arrows, but not sell lawn darts.
If they were marketed as a hunting weapon they would probably never be outlawed. Just the same if you market an ar-15 as a kids game where you tag each other with bullets, that would cause the weapon to be outlawed.
Jarts were marketed as a game, including as kids their target market.
i suspect that if you did pass this find on to others and there was an injury or death caused by it yes, you would be on the hook for providing the user with knowingly providing them with an unsafe product.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
ok ok ok ,, let me ask you guys this,, can I sue my land lord for having these dangerous deadly hazardous materials in the basement of my rental house, its probably only a matter of time until I injure myself due to his negligence lol
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
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tonynewman
ok ok ok ,, let me ask you guys this,, can I sue my land lord for having these dangerous deadly hazardous materials in the basement of my rental house, its probably only a matter of time until I injure myself due to his negligence lol
Honey, anyone can sue anybody...
You should know that :cool:
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
But not successfully.
How many thousand times have you seen us ask people - What are your damages?
Unless you can show that you have been harmed by your landlord having them in the cellar (not, that you could have been harmed but weren't), you've got nowhere to go with this unless you get your kicks listening to the judge bawl you out for wasting his time.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
to be honest,, now knowing the story behind this and how hard these are to come by,, im just going to keep them myself, I think it makes them even more fun to own and use, plus its really fascinating the laws etc to keep them from being sold and how it all came to be, these are in fact the number one deadliest toy ever on the market, even beating out the 1951 atomic lab kit for kids that came with real uranium samples. no joke.
im looking forward to playing yard darts in Colorado now,, these are coming with me.
hey, I also found 2 big glass water bottles down there, the ones for a water cooler, but these are glass, they must be pre 70s, I might sell them. people use those for coin collecting.
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Re: Can You Legally Sell a Used Toy That Was Banned as Dangerous (Jarts Lawn Darts)
Didn't you mention having a landlord?
do you really intend on stealing the Jarts from your landlord?
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
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tonynewman
ok,, just to be on the safe side, ill sell a photograph of a dog, that I will print out on my printer and sell that for 100 bucks plus ill give the darts away for free as a "free girt"
You would be better off placing an add in the paper or Craigslist giving it away for free, but add that the shipping cost is $110. You profit $100 and pay about $10 for shipping.
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Re: Can You Legally Sell a Used Toy That Was Banned as Dangerous (Jarts Lawn Darts)
he told me I could throw away anything in the basement when I first moved in there to make room for my own stuff, as it was full of old junk,, its a dirt floor storage area full of a dead relative of his stuff that is just rotting away that's how he got the house and decided to make it into a rental,I never really went down there nor stored anything,, so its not stealing, im just cleaning the basement out,, and he wont mind that one bit. I did plenty of work on the house some of it free of charge we are friends and all.
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Re: I Just Found a Jarts Missile Game (Later Called the Game of Death)
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tonynewman
hey, I also found 2 big glass water bottles down there, the ones for a water cooler, but these are glass, they must be pre 70s, I might sell them. people use those for coin collecting.
Are they Great Bear bottles? Great Bear bottles go for about $50 to $60 each. If you have the wooden crate, that adds value too.