Illegal from Ebay?

[randomlugia]

Does the FDA check packages from Ebay? I live in the USA, and I want to buy a 50mw laser from Ebay (trusted seller), but I don't know if I will get in trouble for it.

I'd really appreciate help, I want to do something for Halloween with it. =D Thanks.

 

[ReaperZ]

this was discussed within the past few days

http://www.laserpointerforums.com/forums/YaBB.pl?num=1220047610

that thread has all the answers

technically YES IT IS ILLEGAL.

will you get caught ? maybe

if you get caught can bad things happen ? YES!

so yes it is possible that you may recieve your laser, however you have been advised this is illegal unless you are buying an FDA approved laser from ebay

 

[JLSE]

Buy things in parts, it cheaper and less hassle if any If its a module or similar you will be better off.

 

[randomlugia]

Even from Ebay? What if the person doesn't lable the package, will it be checked?

 

[pullbangdead]

^Who knows.

Would you import marijuana from a foreign country through the US mail?

It's illegal to import a 50mW laser unless it is approved by the FDA, simple as that. Do lasers sometimes get confiscated, even in unmarked packages? Yes, they do. Will yours get inspected and confiscated? None of us have any idea.

 

[Razako]

1-Don't buy green lasers from ebay. 95% of them are scams.
2-Buy an FDA approved laser from laserglow or optotronics.

 

[randomlugia]

Ok, I'll play it safe and won't get it. :-/ It has been tested, though, so I know it works. I might try building my own...

 

[Ace82]

Ok, I'll play it safe and won't get it. :-/ It has been tested, though, so I know it works. I might try building my own...

You could also try Nova Lasers, they are NOT FDA approved though so technically it's still illegal (and so is Opto). But will you get caught? HIGHLY UNLIKELY. What's the risk? Well, you could potentially get the unit confiscated at customs, but Nova will make it right for you one way or another. Will you go to jail? No. Could it happen? Yes. Will it happen, probably not, but only the future can tell. Would I do it? Yes. I just received my x-75 a few weeks ago no problem, and I live in California.

Just do it.

Stay away from ebay, unless you're a laser expert like us.

Building a 650nm or a 405nm is possible, and pretty easy. Building ANY DPSS (is also possible, but) it's not. Don't try it unless you have lots of experience in physics and DPSS lasers. I wouldn’t do it. I don't have a problem ripping them apart and modifying them, even setting crystals AS A KIT, but that's not going to be cheap or easy. You run a bigger risk of loss that way then just buying from Opto, LG, or Nova IMO.

Peace - Ace

 

[mega]

Buy it from somebody who lives in the USA.

 

[randomlugia]

So, if I buy it from somewhere in the USA, it's not illegal?

 

[daguin]

So, if I buy it from somewhere in the USA, it's not illegal?  

ABSOFRICKENLUTELY!

That's my story and I'm sticking to it.

Peace,
dave

 

[MarioMaster]

So, if I buy it from somewhere in the USA, it's not illegal?  

it's still illegal but stuff shipped within the US doesn't go through customs, therefore it won't get confiscated

 

[mega]

So, if I buy it from somewhere in the USA, it's not illegal?  

People who know what they are doing will legally import the parts, then assemble it into a working laser pointer and thus make it available for US market.  It is still illegal to own a cheap made LP over 5 mW without safety features that is not FDA approved, but all you care is the laser.  
Customs don't put their hands on it because it's no longer import and you are good to order.
Just make sure the person is in the US  

 

[pullbangdead]

[quote author=randomlugia link=1221010145/0#9 date=1221318212]So, if I buy it from somewhere in the USA, it's not illegal?  

People who know what they are doing will legally import the parts, then assemble it into a working laser pointer and and thus make it available for US market.  It is still illegal to own a cheap made LP over 5 mW without safety features that is not FDA approved, but all you care is the laser.  
Customs don't put their hands on it because it's no longer import and you are good to order.
Just make sure the person is in the US  
[/quote]

Not quite right. It is illegal to sell a laser over 5mW in the US unless it has all the safety features and is approved/registered by the FDA. It is legal to import parts and make your own laser, but it is NOT legal to sell that laser to someone else unless you put the safety features in and go through the FDA paperwork.

Ownership is not the problem, the FDA only cares if you are importing *or* selling the laser, the FDA does not regulate ownership. It is still illegal for people in the US to sell you a laser over 5mW unless they have done the proper things in manufacturing and registering the laser, but things inside the US don't go through customs, which is the big place where people get caught with DX and other laser companies. But, if you are buying from someone in the US, if I understand correctly, it is the seller who is breaking the law with the FDA, so I'm not sure how they would handle the buyer.

 

[TheGr8Revealing]

Why would it ever be illegal to mail a laser from the USA to the USA??? Are there laws against that?

 

[pullbangdead]

Why would it ever be illegal to mail a laser from the USA to the USA??? Are there laws against that?

Mailing, not that I know of. SELLING, yes, that' is covered by FDA rules.

If you manufacture a laser over 5mW, that doesn't have the proper safety features and FDA accession number, then selling it is illegal.  FDA rules cover both importing and selling laser in the US.  

The one part where I'm fuzzy is when you are the buyer.  When you buy a laser that is illegal to import from overseas and get it shipped here, you are classified as an importer, so you are subject to the FDA restrictions.  If you are selling a laser in the US, then you are subject to FDA restrictions, even if you are in the US.  But, if you are the buyer and buying a laser that is already in the US, then while the seller is subject to restrictions, I'm not sure how liable/culpable the buyer is in that case.  Either way, the seller is breaking the law by selling you a laser that is not FDA-approved.  But I'm not sure if you, as the buyer, are committing a crime.

Again, there's a very easy way to avoid all this: buy lasers that are FDA approved for import and sale.  There are tons that are easily available.  Or, buy parts, and build one yourself.