2015 CALIFORNIA dredging season is here

[ratled]

The New 49'ers

Dave Mack just posted this
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Anybody who has been paying attention is aware that on 12 January 2015, the San Bernardino Superior Court Ruled that both the Legislature's Moratorium against suction dredging, along with the Department of Fish & Wildlife's (DFW) recent adoption of dredge regulations in 2012, are illegal and not enforceable as a matter of law. Here is the court's Decision:

http://www.goldgold.com/wp-content/uploads/2015/01/113806-1-Ruling.pdf

Since that time, DFW has been acting as if the Superior Court never Ruled. They have been informing the public that they intend to continue enforcing the State's illegal Moratorium. This is quite clear on DFW's web page which was updated as recently as the 2nd of March. Check it out right here:

http://www.wildlife.ca.gov/Licensing/Suction-Dredge-Permits

At the same time, based upon the San Bernardino Ruling, suction dredgers statewide have been preparing for the upcoming mining season, which has already begun on those waterways which have historically been open to dredging year-round within all previous State regulations. Suction dredging is already taking place along the mid-Klamath River near Happy Camp!

New 49'er policy concerning suction dredging is that we will follow the San Bernardino Ruling and direct our legal resources to strenuously defend any member or supporter who is harassed or prosecuted by State authorities attempting to enforce regulations which have already been deemed illegal by the California court system.

We fully intend to have a productive 2015 suction dredge season on the Klamath River!

Because we believe this is all coming to a head very quickly, today our attorney served the following revised Proposed Order to the San Bernardino Court and all parties within the ongoing litigation. Our revised Proposed Order directs California to immediately begin issuing suction dredge permits pursuant to the previous regulations which were adopted in 1994; and during the meanwhile also Orders State authorities to not prosecute anyone who is operating within those regulations. All exhibits, including the Proposed Order, follow the document here:

http://www.goldgold.com/wp-content/...ent-support-amended-proposed-order-4-2-15.pdf

This is all coming to some kind of standoff! Please stay closely tuned and keep your fingers crossed for our side.

We will provide more information about how the situation develops on this forum and in our April newsletter.

 

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[okbasspro]

The Leo's must be getting lazy only taking hose and nozzle. They use to take the whole dredge.

 

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[Hoser John]

Just another lamb to the slaughter as cannon fodder. Cancer on the klamath will cost us all--again--again---again-sic sic sic-John

 

[Oakview2]

They have no LEGAL authority under the current statues to confiscate anything. NOWHERE is that granted to them, and Buchall should rip them a new one.

 

[fowledup]

Ugh I miss my memory, what is the statute that states an Leo or government offiial can be personally charged with interference of a mining endeavor or operation? Something to that effect. Gonna drive me nuts til I find it.

 

[2cmorau]

Oakview thats funny, since when did California respect fed law, or the Constitution, rights inherit to ensure that that government would be just, and would protect its citizens from internal strife and from attack of environmentals
remember that mantra the sheeple kept repeaating, with this nonsense free health care, nothing free about it, taxes will prove this, thats wht your dealing with, about 98% of the people on this site
congarts to them 2% that are doing something to get attention to the benifits of mining with a dredge

census shows 38 million people in california, only 17 million regs voters, when ya run into a pot smokin miner which way ya think they will most likely vote?
this drought could be a blessing, when the people complain about the fine and peniltys of water use that Moonbeam sign executive order , strike while the iron is hot, tell them they (dem/lib people) voted for this
don't beleaive me, 70s faced a drought and many proposal were made to store waters, guess who shot this down,
want clean drinkin water, dredge

 

[rodoconnor]

Ugh I miss my memory, what is the statute that states an Leo or government offiial can be personally charged with interference of a mining endeavor or operation? Something to that effect. Gonna drive me nuts til I find it.

These slugs that abuse their authority should be held criminally accountable.Sue them for their retirement , their homes . Got any dreams take them too. And don't stop with the individual officers go after the supervisors as well

 

[Asmbandits]

Fowled is right I do remember reading that stopping or interfering with a valid mining operation is a punishable offense, just can't remember the code.. so basically there the ones breaking the law at this point.. what a load of crap we need to find that code and post and carry as well, then when they try and take your hose place them under civilian arrest and see how well they handle that..

 

[diverrick]

Plus you now have the added potential from the water board requiring permit to drdge and being given permission to ban dredging. I knew something was up with the water board asking to opt out of our lawsuit. My bet is, that given the option to manage water usage or ban dredging, they will go with the ban. We got it coming in both sides, and we are bailing as fast as we can. How long can we continue this onslaught of law suit after law suit, senate bill after senate bill? I see no end in sight. They are planning on wearing us down and milking us dry financially. They will win by default in time. Thats why my dredge is for sale.

 

[goldenmojo]

I believe the law that you are referring to is a two paragraph item that goes something like Any person who acts under the color of law and impedes a miner from .. Is punishable by death...

You might be able to search "color of law" and find it . It is on TNET from last year but is lost in one of the legal wrangling threads. Good Luck. If I find it I will post it.

 

[northern_sierras]

Why not bring out the dredge at 12am? Do the DFW minions come lurking around at that time?

 

[goldenmojo]

You might at that time be disturbing a piece...........

 

[Oakview2]

Tilte 18, Section 242....

 

[fowledup]

That's it, thanks Oak

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

 

[2cmorau]

good thread too, thanks Oak
http://www.treasurenet.com/forums/gold-prospecting/418834-keep-your-wallet-use-if-you-have.html

 

[2cmorau]

another good thread
http://www.treasurenet.com/forums/gold-prospecting/393596-forrest-service-regs-keep-your-wallet.html

 

[2cmorau]

i enjoy listeningto this great guy Judge Andrew Napolitano
Judge Andrew Napolitano | Tenth Amendment Center

 

[winners58]

if a LEO is aware of Judge Ochoa's decision then they are acting to take away your rights.

42 U.S.C. § 1983
Enforcement Act of 1871 (third act) - Wikipedia, the free encyclopedia

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

copy of the judge's ruling http://www.goldgold.com/wp-content/uploads/2015/01/113806-1-Ruling.pdf

this is what is stated in the second paragraph by James Buchal
all LEO's are trained on Section 1983 and are at risk of being held accountable for civil rights violations.
http://www.goldgold.com/wp-content/...ent-support-amended-proposed-order-4-2-15.pdf