posted 11-04-2001 11:35 AM               

I've written asking for pictures, documentation, provenance, etc. If its anything but a Russian moon rock sample or lunar meteorite, this guy/gal is in a heap of trouble.

posted 11-04-2001 08:00 PM               

Can you give everyone the proper information concerning moonrocks. A lot of people don't really seems to know.

I have some questions that maybe you (or anybody else) can answer.

1.) Is lunar dust illegal? (does size matter ?)

2.) What is the size of an illegal moonrock?

3.) Can anybody outside the US sell an Apollo moonrock (and worry about proscution in his own country)?

More dust and samples are appearing now. I think we, as collectors, would all be interested in some answers.

This reminds me of the controversy that the sale of space artifacts caused a few years ago.

Thanks

posted 11-04-2001 09:10 PM               

You see, other than lunar meteorites and the rare Russian sample returned by robotic probe, all the lunar material on Earth was recovered by the Apollo astronauts at the American tax payers expense. Its from this supply, 842 pounds of material, that questions are raised as to the legality of private ownership.

Here's a breakdown of the whereabouts of the 842 lbs of moon rocks returned:

In NASA, military vaults: 711 lbs
Studied, returned to NASA: 60 lbs
Sent out for study: 15 lbs
Loaned to museums or schools: 24 lbs
Gifts to foreign heads of state: 0.6 lbs
Destroyed in experiments: 22 lbs
Used but not destroyed in experiments: 7 lbs
Lost: 0.078 lbs

As you can see, less than a pound of material is outside U.S. control. The remainder, deemed a national treasure, cannot be sold, given away or otherwise permanently assigned to any private entity or individual.

So, if you own a moon rock and you're not a foreign diplomat (or you didn't buy it from a foreign diplomat) than you are guilty of the theft of government property. The following is an excerpt from a briefing given by NASA to FBI agents pursuing the return of lunar material:

"Where there is evidence that lunar material was wrongfully taken from NASA or one of its exhibitors, a federal prosecutor might invoke the general theft statute, 18 USC 641. The statute is broad, covering many types of theft: outright stealing, embezzlement, receiving of stolen goods as well as pilfering. It covers anything of value to the United States or any of its agencies. If the federal government can prove that a moon rock was knowingly converted to an unauthorized use or sold to another without authority, the statute is violated. Assuming the value of the lunar material is in excess of $1,000, the violation is a felony.

"If a prosecutor does not proceed criminally, a civil lawsuit for conversion of government property is another option. Under Federal Rule of Civil Procedure 64, the United States can petition the federal district court to "replevy" (return) the lunar material to the custody of the United States. Unlawful conversion need only be proven by a preponderance of the evidence."

So, what about the lunar dust samples we have seen for sale recently? Well, they are legal for the very reasons given above. Take for example, Spaceflori's recent offering of Apollo 15 moon dust.

From where was that material recovered? If you remember, it was lifted from the inside of a storage bag which was legally transferred from NASA to a contractor to an employee of the contractor and then to an auction where it was acquired. No where in the chain of custody can a case be made for theft. Therefore, the lunar samples within are free and clear to own and sell.