Conflict on Memeriol day

[Miner49er_2015]

Conflict on Memorial Day

Ok, spent Memorial day out prospecting. Have been to this particular area off and on for years now, just assumed it was not claimed and would poke around with the high banker or gold pan. Well, this time, a guy rolls up to my truck on a quad as I am walking back to it. I say "Hello" and this guy goes into a tirade about how this is HIS mining claim and that I should not even think about "Claim jumping" him. The thought never crossed my mind. I explained that I did not see any mine claim notices or location notices and also politely informed this guy that if this was indeed his claim, that is was supposed to be marked according to Federal regulations. That comment really seemed to piss him off! He could not produce anything to say whether or not this was his claim or not. I apologized for prospecting on "his" claim, said I didn't see any notices and got in my truck and left as quick as I could. I was not going to argue law, as he was packing some heat. Open carry with a hand gun is not legal here in California, heck, you can't even open carry an unloaded rifle here anymore! Well, I have prospected all over this area over the years and have never seen a single mine claim notice, marker or location notices. Isn't it the responsibility of the claim owner to properly mark all corners and post a location notice? Am I missing something here? Just wanted to post my experience.

 

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[okbasspro]

It is your responsibility to know the status of the land your on. Head over to MyLandMatters and all questions on land status can be found. Claim signs disappear quick in some areas. If on someone's claim without permission that's mineral trespass and can lead to all sorts of problems for you.

 

[Goldwasher]

A few of facts for you
1. It is YOUR responsiblity to KNOW land status.

2.Placer claims in California only require a discovery monument. You can not post " NO TRESPASSING" on your claim so don't expect a lot of signage!
We add extra signs for mainly in futility as it is the guys with intent who don't care about signs....there are those who are out panning and are like "duh...I didn't even know you could still have a claim"


3. What you were douing isn't called "Claim Jumping" it is called " High Grading " in court it would be called "Mineral Trespass"
You don't want to be in court for mineral trespass....That goes full circle back to the responsibility part!!!

4. Open carry on a Federal Mining Claim is absolutely legal!

Hope this helps you through the aftermath of your conflict!

 

[ratled]

What everyone else said. Open carry on your property is 100% legal in CA and a mining claim is real property in the truest of sense and law.

ratled

 

[Aufisher]

Some of you guys don't carry?

 

[NeoTokyo]

I don't carry because my 1911 is a Winchester.
What, you say that Winchester does not make a 1911? Well you are right, this is a Winchester licensed Daisy CO2 gun.

I have not ever taken either of my long guns out with me, I travel light.

 

[NeoTokyo]

Double Post somehow.
Every great once in a while this happens. x_x

 

[delnorter]

Miner, your assumptions and knowledge of federal and California law, regarding mining claims and firearms, are wrong. Keep learning here and you'll be better off for it.

Mike

 

[Miner49er_2015]

It is your responsibility to know the status of the land your on. Head over to MyLandMatters and all questions on land status can be found. Claim signs disappear quick in some areas. If on someone's claim without permission that's mineral trespass and can lead to all sorts of problems for you.

Thank You, I will look into those web sites. It was not my intent to mineral trespass, just out for a day of panning, but I guess I was in the wrong spot.

 

[Miner49er_2015]

Some of you guys don't carry?

I don't carry, don't want to run afoul of the law. I prospect on US Forest Service land and try to do so while not standing on someone's claim. I was in the wrong place. So much for stopping along the side of the road and panning in the nearby creek.

 

[Miner49er_2015]

A few of facts for you
1. It is YOUR responsiblity to KNOW land status.

2.Placer claims in California only require a discovery monument. You can not post " NO TRESPASSING" on your claim so don't expect a lot of signage!
We add extra signs for mainly in futility as it is the guys with intent who don't care about signs....there are those who are out panning and are like "duh...I didn't even know you could still have a claim"


3. What you were douing isn't called "Claim Jumping" it is called " High Grading " in court it would be called "Mineral Trespass"
You don't want to be in court for mineral trespass....That goes full circle back to the responsibility part!!!

4. Open carry on a Federal Mining Claim is absolutely legal!

Hope this helps you through the aftermath of your conflict!

Yea, this helps. Thank You. Now I'm afraid to set foot anywhere in the forest! Just wanted to get out on the weekend to do some panning.
This guy I ran into would not give his name or point me to a discovery monument. I was hoping he would so I'd know that he wasn't just jerking me around.

 

[Hoser John]

You may not drive a vehicle packing a loaded weapon anymore in california unless security for a cash carrier. Unloaded yes,no ammo in the cab either. This was posted with the current laws just a few weeks ago on some thread. Many new insane kalif laws this years...not even on a boat. Read that this weekend on sunday record searchlight under ask the warden column.sic sic sic-John

 

[Asmbandits]

Yea, this helps. Thank You. Now I'm afraid to set foot anywhere in the forest! Just wanted to get out on the weekend to do some panning.
This guy I ran into would not give his name or point me to a discovery monument. I was hoping he would so I'd know that he wasn't just jerking me around.

I would want to give my first name at least and I have signage near the trail on my claims and would refer them to a person if need be on there way out. Giving the first name if they were to look into it at least they could see that I was in fact the claim owner and not some nut bar or pot farmer..

 

[Goldwasher]

per fish and game code a weapon isn't loaded unless there is a round in the chamber. Per other California laws attached is loaded...separate just means not attached not necessarily in a different place.Transporting Guns & Ammo in the car - The Firing Line Forums
You can carry a rifle or shttps://oag.ca.gov/firearms/travelhotgun in the cab with you. You can even have shells in a holder on the stock.
There is no law against ammo and guns in the same place.
I carry mine in a case with a magazine or two in my console.
Doesn't matter what your " Job Title " is.
A ccw allows you do carry locked loaded and hidden or on your seat.....anything "concealable" within your cab and "loaded" is considered "concealed" by your vehicle...even if visible
It is advised that if you want to open carry you get a ccw.
https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/pdf/cfl2013.pdf
Some more reading
Calgunlaws - All of the current California Gun Laws, firearm news, blogs, videos and podcasts.

 

[fowledup]

You can go to Mylandmatters website and find out if the area is claimed, or go to the county recorders. Learn to use Mylandmatters and you'll always know your in a safe legal area.

 

[ratled]

It is advised that if you want to open carry you can TRY and get a ccw.
https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/pdf/cfl2013.pdf
Some more reading
Calgunlaws - All of the current California Gun Laws, firearm news, blogs, videos and podcasts.

I fixed it for you! It depends on what county you are in and your head LEO. Using the "I'm a gold miner in obscure places with little to no LE or cell service" may not be enough - the diamond dealer theory <---ask me how I know this little jem. CA is still a May Grant state not (yet) a Shall Grant state for ccw

ratled

 

[bobw53]

You can go to Mylandmatters website and find out if the area is claimed, or go to the county recorders. Learn to use Mylandmatters and you'll always know your in a safe legal area.

Landmatters is an awesome site loaded with info, BUT, it doesn't give you the whole story... Their data is downloaded every so often from the LR2000... 2 issues with that, first is that only
gets you to the nearest quarter of a section, and also from what I hear the LR2000, at least for CA isn't always updated in a timely manner.

That is assuming that you KNOW you are on BLM land... or Forest Service... Mylandmatters helps there also.. Click on the land manager box.. Where I've been digging, its a smattering of
BLM, some Forest Service, State, and patented lode claims... I even ran across a homestead... (As an aside, you can pull the paperwork for homesteads off the BLM site, pretty darn interesting,
signed by presidents long past, actually probably their secretary, but interesting none the less)..

MyLandMatters, or the LR2000 will give you a starting point, but then you have to haul your butt down to the county clerks office to pull the paperwork to find out EXACTLY where
the active claims are.. The county is the OFFICIAL place to find out this information... Unfortunately they don't have a big old map that shows everything, you actually have to pull
the paperwork.. The LR2000 should give you the book and page(if the info has shown up yet), and if you are lucky, your county will let you search by Township Range Section, and if
you are REALLY lucky, they will let you do it online.

Of course if there are no claims at all in the quarter section, then you are probably good to go... Or if there is only one placer claim in the quarter section, and its 160 acres, then
you aren't good to go.

Then of course, you have 60 or 90 days to even file with the county, and 90 days to file with the BLM, so you still have to look for markers on the ground.

It should be simple, but its not... The hardest part is learning how to do the research, and where to do the research... Once you have that licked, the actual research is pretty simple.


As another thought, for Landmatters, wouldn't it be handy if there was a "note" section for each section? An unofficial accounting of exactly where each claim is in the section that could
be updated by pretty much anybody? Just a thought.

 

[Jeff95531]

Thank You, I will look into those web sites. It was not my intent to mineral trespass, just out for a day of panning, but I guess I was in the wrong spot.

You will be sadly surprised at the number of spots you can't even walk on here in CA, much less prospect.

 

[KevinInColorado]

Yea, this helps. Thank You. Now I'm afraid to set foot anywhere in the forest! Just wanted to get out on the weekend to do some panning.
This guy I ran into would not give his name or point me to a discovery monument. I was hoping he would so I'd know that he wasn't just jerking me around.

My friends and I call these guys "claims trolls". Often they are NOT the claim owner and occasionally there isn't even a claim! They may just be hostile to mining and have learned how to chase us off by saying there's a claim. If you do your research on mylandmatters.org before you go out, you'll be able to show him your notes and printouts.

 

[Jim in Idaho]

You may not drive a vehicle packing a loaded weapon anymore in california unless security for a cash carrier. Unloaded yes,no ammo in the cab either. This was posted with the current laws just a few weeks ago on some thread. Many new insane kalif laws this years...not even on a boat. Read that this weekend on sunday record searchlight under ask the warden column.sic sic sic-John

I'd bet that law is unconstitutional, at best, and would be overturned if it came to a court case.
Jim