Is It Illegal to Own Gold Bullion? (2024)

There are a lot of misconceptions around the legality of owning gold bullion. Laws have changed quite a bit over the years, so some people may be following outdated information. If you’re considering investing in gold, it’s important to understand whether or not it’s legal to own. Below, the precious metals experts from First National Bullion and Coin, the gold dealers Carlsbad collectors trust for expert advice on buying precious metals, share the facts about the legality of owning gold bullion.

Owning Gold Was Made Illegal as a Response to the Great Depression

The idea that it’s illegal to own gold bullion dates back to the 1920s. When the stock market crashed in 1929, the well-to-do rushed to convert their bank funds to more reliable gold bullion. This left the government without enough gold to back newly printed money. Therefore, President Franklin Roosevelt used his executive powers to make it illegal to own gold coins or bars. People were given a month to turn over their bullion to the Federal Reserve in exchange for paper money, and anyone caught with gold after a certain deadline faced fines and imprisonment.

President Ford Reversed the Prohibition on Owning Gold

This rule continued for decades. Even after President Nixon ended the gold standard, gold bullion ownership continued to be illegal. By that point, Americans were mostly used to the idea that owning gold wasn’t legal, so few questioned it. When President Ford came into office, he was completely unaware of the ban. After Jim Blanchard, an advocate of sound money policies, brought the issue to Ford’s attention, the president then moved to repeal the ban. In 1975, Americans were allowed to own gold again.

There Are Currently No Limitations on Owning Bullion

This state of affairs has continued through modern times. Gold bullion is entirely legal to own. There are no rules about how much gold you can have or what form of gold you’re allowed to own. Furthermore, there are no restrictions on how you purchase the gold. As long as you don’t use currency, you don’t have to report your gold purchases to the government, even if you spend more than $10,000.

Owning Bullion Isn’t Likely to Be Made Illegal Again

With gold bullion’s status changing over the years, many people are cautious about investing in it. If you prefer to let history inform your investing, gold can seem risky. No one likes the idea of suddenly being pressured to turn in their gold for currency at a federally mandated rate. However, the chances of this happening are extremely low. Virtually no major politicians advocate returning to the gold standard, since this would cause financial chaos. Without the existence of the gold standard, the federal government would have no reason to ban gold ownership again. Furthermore, the original gold ban happened during an extreme emergency when the federal government had more power. Current limits on federal oversight make it almost impossible for any official to outlaw gold.

If you’re considering buying gold, don’t let misconceptions guide your decision—seek advice from trustworthy professionals with years of expertise. No matter what type of precious metals they’re looking to buy or sell, from palladium bars to silver bullion or gold coins, Carlsbad residents trust the reputable dealers at First National Bullion and Coin. You can rely on our experienced professionals when you’re looking to add precious metals to your collection or investment portfolio. Call one of our precious metals experts today at (760) 253-8072.

The statements made in this blog are opinions, and past performance is not indicative of future returns. Precious metals, like all investments, carry risk. Precious metals and coins may appreciate, depreciate, or stay the same in cash value depending on a variety of factors. First National Bullion does not guarantee, and its website and employees make no representation, that any metals for sale will appreciate sufficiently to earn the customers a profit. The decision to buy, sell, or borrow precious metals and which precious metals to purchase, borrow, or sell are made at the customer’s sole discretion.

By Jon Cavuoto|2021-10-04T00:33:27-07:00October 4th, 2021|Miscellaneous|0 Comments

Is It Illegal to Own Gold Bullion? (2024)

FAQs

Is It Illegal to Own Gold Bullion? ›

Today, there are no specific limits on how much gold a person can own in the U.S. Whether it's bullion, coins, or jewelry, you can buy, own, and possess as much gold as you like. The only restrictions may come from reporting requirements if you simultaneously buy or sell large amounts of gold.

Why is it illegal to own gold bullion? ›

The stated reason for the order was that hard times had caused "hoarding" of gold, stalling economic growth and worsening the depression as the US was then using the gold standard for its currency.

How much gold can a US citizen own? ›

There is no limit on how much gold jewelry you can keep at home, provided you can explain the source of income that allowed you to buy or invest in case of an income tax investigation.

Can you own gold bullion? ›

Gold is legal to own. However, there was a time when it was illegal for U.S. citizens to own gold. From 1933 to 1974, it was illegal to own gold bullion without a license. On December 31st, 1974, private gold ownership restrictions ended.

How much gold can I buy without reporting? ›

You can purchase gold in any amount using cash. However, if your purchase exceeds $10,000 in value using cash or its equivalents, you must complete Form 8300. This form asks for essential details like your name, address, and social security number.

Can the US government take your gold? ›

Although there is no federal law that explicitly states that the government can call in your gold, during extreme crises the government has the means to seize it whether it comes in the form of an Executive Order or a law.

Does the government know if I buy gold? ›

Purchasing precious metals is typically done with cash, money orders, or cashier's checks. The dealer must use IRS form 8300 to disclose the transaction if it exceeds $10,000.

How does IRS know you sold gold? ›

When a consumer sells a reportable quantity of specific bullion or coins, precious metals dealers are required to file Form 1099-B with the IRS.

Can you physically own the gold you buy? ›

Yes, individuals can physically possess and assert ownership of gold bars. These valuable assets can be acquired from authorized dealers or mints. After purchase, people can store them securely in bank vaults or personal safes at home.

Can I keep gold bars at home? ›

And consider how badly you'd need your gold at a time like that. That's why I recommend this rule: Home storage can be practical for small quantities of bullion. Large quantities pose too much risk and should not be stored in the house.

Do banks accept gold bullion? ›

You may want to simply ask your bank directly if you can sell gold, and in what forms. The only types of gold a bank would accept are those in coin or bullion form (i.e., gold bars), and only those with a letter of authenticity certificate.

Will the U.S. confiscate gold again? ›

Gold confiscation is a rare but real phenomenon that has occurred in the past and could happen again in the future. However, there are many factors that make it less likely today than it was before. Moreover, there are many steps investors can take to protect their gold from potential seizure.

Why are gold certificates illegal? ›

By order of the Secretary of the Treasury dated 28 December 1933, private possession of gold certificates was declared illegal. Due to their (then-) illegal status and public fear that the notes would be devalued and made obsolete, this resulted in the majority of circulating notes being retired.

Why is it illegal to own gold in the USA? ›

As mentioned before, the ban on private ownership of gold in the United States was implemented as an emergency measure to combat the Great Depression. The U.S. was on a gold standard at the time, meaning that the value of the U.S. dollar was tied directly to a specific amount of gold.

When you buy gold, is it tracked? ›

Often, promoters will claim that the coins they offer are not subject to “reporting.” Such statements imply the government requires gold transactions be reported. However, no government regulations require the reporting of the purchases of any precious metals, per se.

Do you pay taxes on gold? ›

Because gold coins are considered assets, any profit you earn from selling them is taxed by the IRS, according to the Apmex website. The amount of taxes you owe depends on numerous factors, including how long you hold the coins before selling, how big your profit is and your tax filing status.

Why gold bullion is a bad investment? ›

There are several potential risks to investing in gold, including: Price volatility: The price of gold can be volatile, and it may fluctuate significantly over short periods of time. This can make it difficult to predict its value and can make it a risky investment.

Why is it illegal to own a 1933 gold coin? ›

Due to the fact that the coin was never released to the public, it is illegal to privately own any of the 1933 double eagles, with the exception of the Weitzman Specimen. The United States Secret Service is said to investigate reports of the existence of other specimens that come to light.

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