US Mint Criminalizes Melting Pennies and Nickels
Permalink Posted on 12-14-2006 at 10:21:17 am by Aaron Email , 904 words, 6536 views  

The big news for today is that a new crime has been created -- by the US Mint of all places. It is now illegal to melt those pennies and nickels in your pocket, which, thanks to inflation, are now worth more as their constituent base metals than as legal tender.

The new rules allow for fines of up to $10,000 and five years in prison.

You may ship at most $100 of the coins outside of the country -- and only for "legitimate numismatic purposes".

More distressingly, you may now only take up to $5 of these coins out of the country with you.

Having my reservations about the ability of the US Mint to seemingly introduce new jailable offenses, I checked up on the legality of this -- it's unfortunately in the US Code. So the ability to have these rules enacted upon us hangs perpetually over the heads of US citizens.

Why the need for such Draconian measures? The relevant government apparatchik says:

"We are taking this action because the Nation needs its coinage for commerce," said Director Ed Moy. "We don't want to see our pennies and nickels melted down so a few individuals can take advantage of the American taxpayer. Replacing these coins would be an enormous cost to taxpayers."


This is a fantastic example of distraction and official deception.

First of all, the Mint's continuance of issuing these coins at a loss to the taxypayer is it's own decision. That is where the "original sin" lies -- not in the actions of any individuals who might be clever enough to realize they can buy and monetize something freely, on the open market, that is being sold below it's inherent value.

Secondly, it is a pretty damn questionable assertion that the nation "needs" pennies and nickels for commerce. The bulk of commerce now is electronic. Pennies (or their equivalents), at least, have even been eliminated in most other developed countries, and they seem to be doing just fine.

Perhaps most importantly, this whole ordeal is a distraction from the fact that government itself is at fault as it has persistently allowed inflation to happen; indeed, it is the root cause of inflation by issuing too much money and allowing too many "money equivalents" to be created.

So there are plenty of non-Draconian alternatives the Mint could pursue, which don't criminalize Americans for the government's own irresponsibility: they could simply discontinue or refactor the offending coinage, as they have done repeatedly in the past. But they want you to believe that they are the innocent victims of circumstance, and that the real criminals are the "bad people" out there who would dare to use these coins in the ways they are most inherently valuable.

As is so often the case, the heavy hand of the law is being used as a substitute for responsible government, at our peril.

There are two important things concerned and outraged citizens can do:

  1. Write to the Mint. Make sure to mention that the crime starts with them issuing coins at a loss to you, the taxpayer. (Follow the second link in this article to do this).

  2. Start hoarding pennies and nickels. You're effectively giving away free money every time you spend them. At some point in the near future a secondary market will likely develop for these coins, which trades them closer to their inherent value (in fact I've already heard of people assembling and selling 20 lb bags of the worth-2x-face-value pre-1983 pennies). This does not require melting and so is not effected by the law.


Further, hoarding the coins quickly drains them from circulation, forcing the Mint to act sanely and refactor or discontinue the coins, and finally, suspending the criminal penalties. History is once again repeating itself; the government cannot escape the iron laws of the market.

Finally, a few technical points:

  • All modern nickels are 75% copper and 25% nickel, and worth upwards of 130% of their face value.
  • All pennies are worth more than face value, but pre-1982 through mid-1982 pennies are worth the most, as they are 95% copper (the "new" pennies are 97.5% zinc and only clad in copper; you can scrape the copper off in a few seconds with a steel instrument).
  • You can sort the two kinds of 1982 pennies by weight; the copper pennies feel noticeably heavier (try comparing a 1983 or later penny with a 1982 penny in question).
  • "Old" pennies are worth more than 200% of their face value; "new" pennies are worth over 110%.
  • The inherent value premium of these coins promises only to increase over time, as we have no reason to believe inflation will do anything other than continue (if not accelerate), as will commodities prices due to scarcity relative to global growth.


Update, 1:37pm: This article has a little more. Did you know that, adding production costs, the Mint spends $173 for every $100 of new (zinc) pennies it makes? Your tax dollars at work!

Update, 4:27pm: Here's another fun fact (thanks to Neal for posing this question): if base metal values continue to increase by 5% per year on average, and the dollar continues to depreciate by about the same, then in about 26 and a half years, a nickel will be worth a dollar in inherent value. If the rates are 10% per year, then in a bit over 13 years this milestone will be reached. None of this, of course, takes into account a dramatic, sudden drop in value of the dollar or increase in base metals values.

Comments, Pingbacks:

Comment from: halve [Visitor] Email
absolute BS!
PermalinkPermalink 12-14-2006 @ 13:35
Comment from: Idaho_Spud [Visitor] Email
I'd been told as a kid that it was a felony to deface or destroying coinage/bills. I suppose slagging down nickels and pennies might be considered destruction ;)

Are you aware of a law already in effect covering this? Don't have time to google it right now as I have to go to work.

I think it's hysterical (and telling) that they can't even find a *base* metal to make coins out of that isn't worth more than the face value of the coin itself. Looks like it's about time to do away with coinage altogether. I'm sure they'll find a way to rationalize and explain it away this to Joe Six.

Here's a dystopian nightmare: How about a fully digital virtual wallet, tied to your SS number? And of course they'd *never* consider tracking your purchases/spending habits/whereabouts! Echelon on steroids.

http://en.wikipedia.org/wiki/ECHELON

PermalinkPermalink 12-14-2006 @ 17:29
Comment from: Aaron [Member] Email
Spud,

No, there is no permanent law against coin destruction. US Code only provides that one cannot "deface" official coinage and then attempt to pass it off as legal tender.

Incidentally, neither is it true that pennies aren't legal tender (this is another urban legend). Pennies are as legal tender as any other official US currency. However, any form of US currency can be refused by a vendor if they state in advance what forms are acceptable. Otherwise, they must accept whatever the buyer offers.
PermalinkPermalink 12-14-2006 @ 18:08
Comment from: Asatar Bair [Visitor] Email · http://heartoftheeconomy.blogspot.com
Nice analysis -- I linked to it in my blog. Check it out
PermalinkPermalink 12-14-2006 @ 23:10
Comment from: greg [Visitor] Email
I'm buying Silver Eagles for $13 but the face value say $1. What happens if someday they say I can't melt them down? Also, didn't they melt down silver quarters by the boatload in the 1970's?
PermalinkPermalink 12-15-2006 @ 13:18
Comment from: Justin [Member]
greg,

Apparently, the face value of silver and gold eagles (or gold buffalos) is the legal tender amount. In other words, my $650 gold eagle is only worth $50 if I accidentally tried to buy something with it (obviously, this wouldn't happen). Seems absurd to put those obviously false values on these coins, but the State thrives on confusion and obscurity, so maybe it's intentional.
PermalinkPermalink 12-15-2006 @ 13:30
Comment from: Aaron [Member] Email
Greg,

You'll be fine as long as there's a "secondary market" for the silver coins, which there is likely to be, as long as there's a decent supply of people (and merchants) who recognize their intrinsic value.
PermalinkPermalink 12-15-2006 @ 17:04
Comment from: 44R 32L 12GA [Visitor]
the common moron looks at a silver bar and asks?
what are you going to do with it!
PermalinkPermalink 12-22-2006 @ 01:30
Comment from: Ryan Best [Visitor] Email · http://www.tradingintl.com
Well folks as I read this I realize the coin collecting me and my father did in my early years was more than a hobby. I also see that the smart people may be buying money for the current "face" value in hopes that someday others will see the "true" value of the metal it was made with. Worst case the penny is going to be worth a .01 of a dollar. Best case a lot more. As a Foreign Exchange Broker I can tell you one thing for sure you seldom if ever by currency with an inverted spread. Sounds like trading pennies is in my future!
PermalinkPermalink 03-11-2007 @ 15:27
Comment from: Gary Nonemaker [Visitor] Email
Great article, and I am taking your advice. So far I have several bags of coppers. By the way, I believe that cents were only legal to 25 cents, nickels to $1, dimes to $5, quarters and halves to $10, and dollars to any amount. At least this is the way it was years ago. Otherwise you could pay your taxes in cents which would REALLY annoy Uncle Sam.
PermalinkPermalink 03-21-2007 @ 20:07
Comment from: stolen from [Visitor] Email
I am heart broken by these facist law makers wasnt it the founding fathers goal to get the wealth into the hands of the american people not this crime family they call the goverment. they stole our money in 1929 and 1933 and again in 2007 I have saved copper pennies since 1984 i agree with the other comment i believe they are going to take your american gold and silver coins too. I will never invest in an american coin again I am only investing in world coins never again am I putting one cent into these facist crime familys thanks for your time.
PermalinkPermalink 04-25-2007 @ 14:25
Comment from: stolen from [Visitor] Email
They are going to mess with us for a few pennies and nickles and no one is going to hold them accountable for stealing 3.4 trillion dollors from the war budget. thats one hundred dollor bills stacked to the moon. they made the law about the copper pennies so their facist buisness partners can get them not the american people. If you think I am a nut just go to cspan and look the senate has two large faces on their stage. hitler said the best way to hide somthing is to put it in plain sight....
PermalinkPermalink 04-25-2007 @ 14:30
Comment from: Tom [Visitor] Email
I am surprized at the increased cost of copper. Sounds like I will save my 1982 and earlier for the increased value. I checked the weight of 1983 against the weight of the 1982 earlier coinage and is heavier. So copper being a valuable and I will save them from now on.

Good that I found this blog, it is worth it's weight in copper.

Thanks for writing this blog!








PermalinkPermalink 10-17-2007 @ 23:43
Comment from: fred [Visitor] Email
i'm thirteen years old and i have just began
to collect pennies i have 1958 1962-1964 1966-1968 1972
-1991,1993-2007
how much would they be worth
PermalinkPermalink 11-21-2007 @ 14:36
Comment from: Peter [Visitor] Email
Apparently at least one school system believes it is illegal to use 'zinc' pennys to produce hydrogen gas in a simple experiment using hydrocholic acid. The resulting copper 'foil' after etching away the zinc 'concerned, the teaching staff..

After reading these posts, I have wonder if using zinc pennys to produce hydrogen is a profitable measure and falls under this statute.

Contacting the FBI and Secret Service provided no useful direction.

PermalinkPermalink 12-12-2007 @ 21:36
Comment from: Theryman [Visitor] Email
Aaron/Spud:

There most certainly is a law that makes it illegal to deface coins or bills:

"United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 17 - COINS AND CURRENCY
§ 333. Mutilation of national bank obligations

“Whoever mutilates, cuts, defaces, disfigures, or perforates, or
unites or cements together, or does any other thing to any bank bill,
draft, note, or other evidence of debt issued by any national banking
association, or Federal Reserve bank, or the Federal Reserve System,
with intent to render such bank bill, draft, note, or other evidence
of debt unfit to be reissued, shall be fined under this title or
imprisoned not more than six months, or both.”"

While melting is not specifically mentioned, it certainly is 'any other thing.' So melting coins down to get their base metals has long been illegal. The only new thing that was added was the limit on shipping coins outside of the US, which is to keep people from sending the coins to the Phillippines to be melted down without consequence.

Heck, it is even illegal to deface foreign coins in America! §331 of the same Title, Part, and Chapter makes it illegal to do that.

So this law does not add too much new stuff.
http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/17/sections/section_333.html
PermalinkPermalink 03-24-2008 @ 14:04

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