Is it illegal to give away a fake coin, but charge for shipping? 0

[Just Bob]

There is a counterfeit 1804 dollar on Offerup that is being offered for free, with $3.29 shipping. Is this still technically illegal?

Link here.

Edited December 30, 2019 by Just Bob

[kbbpll]

" Any person engaged in the manufacturing, or importation into the United States for introduction into or distribution in commerce, of imitation political or imitation numismatic items shall be subject to the requirements of the Act "

" It shall be a violation of the Act and the regulations promulgated thereunder for a person to provide substantial assistance or support to any manufacturer, importer, or seller of imitation numismatic items "

Seems like "distribution in commerce" applies no matter whether your profit is in selling price or "shipping & handling", but perhaps there is case law that decided on it. Then there's the "provide substantial assistance or support" piece in the law - the seller had to have bought them somewhere, and is thus supporting the manufacturer. I imagine an attorney could parse the wording in the statute to try to weasel out of the plain meanings, so it's an interesting question.

[Crawtomatic]

I read the listing as if the item is for sale.  The $0 listing value is intended to draw in as many eyes as possible.  Facebook Marketplace or Craigslist has similar marketing techniques.

The description is what leads me to believe it's actually for sale at a higher price:  "1804 Liberty silver dollar in good condition.. will negotiate with best offer"

[Revenant]

I think It's only a replica and subject to the hobby protection act if it's marked as a copy or reproduction.

If ot isn't clearly marked it's counterfeit currency and at that point I don't think it's even technically legal to possess it - you might have to mark it as fake to make it legal to own. Others may know better than me on this.

[RWB]

A counterfeit coin is illegal a priori. The Hobby Protection Act created the ONLY exception.

Simply giving someone a counterfeit, even if you know it is fake, is not illegal. Selling it, even if you tell the buyer it is fake, is illegal.