Monkeys are not legal to keep as pets in California. The state classifies every non-human primate as a restricted species, from marmosets to macaques, and no permit category allows private pet ownership. Breaking the rule is a misdemeanor that can bring jail time, thousands of dollars in penalties, confiscation of the animal, and automatic personal liability if it ever injures someone.
The Two Laws That Ban Primate Ownership
California’s prohibition sits in two places. Fish and Game Code Section 2118 makes it unlawful to import, transport, possess, or release alive any wild animal on a long list of restricted species, which includes every member of the order Primates except humans.1California Legislative Information. California Fish and Game Code FGC 2118 Title 14, Section 671 of the California Code of Regulations independently lists all primates as restricted and bars possession without a department-issued permit.2Legal Information Institute. California Code of Regulations Title 14 671 – Importation, Transportation and Possession of Live Restricted Animals
Species doesn’t matter. Spider monkeys, capuchins, squirrel monkeys, macaques, and marmosets all fall under the same ban.
Can Anyone Get a Permit?
The California Department of Fish and Wildlife issues Restricted Species Permits, but only for professional purposes under Section 671.1 of the regulations.3New York Codes, Rules and Regulations. California Code of Regulations 14 CCR 671.1 – Permits for Restricted Species The CDFW states this directly on its website: “Permits are not issued to import or possess any wild animal for pet purposes.”4California Department of Fish and Wildlife. Restricted Species Permits
Permits that can cover primates go to research institutions, accredited zoos, licensed exhibitors, brokers who move animals between other permittees, and shelters approved by a CDFW regional manager. There is also an Animal Care category that functions as a narrow grandfather clause: it was open to California residents who already legally possessed the animal before January 1992 and could demonstrate proper housing. It covers only the specific animals already on the holder’s inventory, not any new ones, and more than three decades on, these permits have largely run their course.4California Department of Fish and Wildlife. Restricted Species Permits
There is no application a private person can submit to keep a pet monkey. The question isn’t how hard the paperwork is. The paperwork doesn’t exist.
Penalties for Illegal Possession
Illegally possessing a monkey is a misdemeanor under the Fish and Game Code. Section 2125 sets criminal punishment at up to six months in county jail, a fine of up to $1,000, or both. On top of the criminal case, the statute authorizes a separate civil penalty of $500 to $10,000 per violation, which the Attorney General, a district attorney, or a city attorney can pursue in a civil action.5California Legislative Information. California Fish and Game Code FGC 2125
The government can also recover reasonable investigation costs, attorney’s fees, and expert witness fees from the person charged. The $1,000 criminal fine is not the ceiling. Added together, the civil penalty, legal fees, and care costs described below often dwarf it.
You Lose the Animal and Pay for Its Care
Any monkey found in unlawful possession is confiscated. Under Section 2125(d), the person claiming the animal has to pay the department or the new custodian enough to cover all reasonable care expenses for at least 30 days, including food, medical care, and housing. If the owner cannot bring themselves into compliance (and for a pet owner, there is no way to come into compliance, because no pet permit exists), they can pay for a second 30-day period. After that, the CDFW can euthanize the animal or place it with a licensed sanctuary or zoo.5California Legislative Information. California Fish and Game Code FGC 2125 Either way, the former owner permanently loses the animal and pays for its care in the meantime.
Strict Liability if the Monkey Injures Anyone
This is the consequence that catches people off guard. California applies strict liability to anyone who keeps a wild animal. If your monkey bites, scratches, or otherwise injures another person, you are automatically liable for their damages, no matter how careful you were. California’s civil jury instructions put it plainly: “People who own, keep, or control wild animals are responsible for the harm that these animals cause to others, no matter how carefully they guard or restrain their animals.”6Justia. CACI No. 461 – Strict Liability for Injury Caused by Wild Animal
California courts have specifically identified monkeys as animals subject to this rule. The injured person doesn’t need to prove negligence. They only need to show you kept the animal and that it caused the injury. Because you were breaking the law by possessing it, any homeowner’s or renter’s policy you carry will almost certainly deny coverage, which leaves you personally responsible for the full amount of any judgment.
Service Animals and Emotional Support Animals
A monkey cannot be registered around the ban as a service or support animal. Under the federal Americans with Disabilities Act, only dogs qualify as service animals, with a separate narrower accommodation for miniature horses. The ADA defines a service animal as “a dog that has been individually trained to do work or perform tasks for an individual with a disability.”7ADA.gov. Frequently Asked Questions about Service Animals and the ADA No other species qualifies.8ADA.gov. ADA Requirements: Service Animals
Emotional support animals operate under a different legal framework, but the answer is the same. An ESA designation does not override state wildlife possession laws, and a therapist’s letter calling your monkey an emotional support animal does not create a legal right to keep it in California.
Bringing a Monkey Across the State Line
Legal ownership in another state does not transfer. Section 2118 makes it unlawful to “import, transport, possess, or release alive” any restricted species without a permit, and there is no pet category.1California Legislative Information. California Fish and Game Code FGC 2118 If you are moving to California from a state where your monkey is legal, you cannot bring it with you.
Transit is a problem too. The CDFW requires a Restricted Species Permit to transport a restricted animal, and the department’s published guidance contains no exemption for passing through.4California Department of Fish and Wildlife. Restricted Species Permits If you are driving between two states where ownership is legal and your route cuts through California, contact the CDFW before the trip or plan a route around the state.
Reporting a Monkey Kept Illegally
California runs a 24-hour tip line through the CDFW called CalTIP (Californians Turn In Poachers and Polluters). The number is 1-888-334-2258. Callers can stay anonymous, and information that leads to an arrest may qualify for a reward.9California Department of Fish and Wildlife. CalTIP – Californians Turn In Poachers and Polluters Useful details include the location, a description of the person, and any photos or video you can safely take.
For situations that cross state lines or involve suspected federal wildlife violations, the U.S. Fish and Wildlife Service accepts tips online or by phone at 1-844-397-8477.10U.S. Fish & Wildlife Service. How to Report Wildlife Crime