A few federal laws, such as the Endangered Species Act, implicate a private citizen’s right to possess wild animals as pets, though the focus of this paper is state and local control. For a good overview of relevant federal laws, see Nicole G. Paquette, The Status of Captive Wild Animals in the U.S.: An Overview of the Problem and the Laws, Animal Protection Institute, at
http://www.api4animals.org/1578.htm (2003).
Since regulations at the federal level are significantly limited by Article I of the Constitution, the real ability to regulate private possession of captive wild animals occurs at the state and local level.
Exotic pet regulations vary from state to state. Some states have a complete ban on exotic pets, other states simply require permits for their possession, and some states have no regulations whatsoever.
Fourteen states have complete bans on at least most of the pets considered exotic. In essence, a ban entirely prohibits private possession of captive wildlife, unlike other regulations which only limit or condition private ownership.
Some states do not completely ban exotic pets, though they do seek to monitor them within their borders. These states have created licensing rules to regulate exotic pets by giving the authority to state agencies to issue permits for animals deemed sufficiently safe. These permit rules can ensure at least some degree of public safety and animal welfare. These regulations go by different names: some states issue “permits,” others issue “licenses,” and others issue “registration certificates,” though there is no practical difference
A third important variable in exotic pet laws is the consequences for violation of the statute, in both human and animal terms. The offending owner may be fined, imprisoned, or deprived of the animal. The animal herself may be confiscated, euthanized, or sent to a safer environment, such as a wildlife sanctuary.
