Highbankers also illegal in California?

[mcordell]

I spoke with the DFW today and they told me any use of an engine is illegal. The dredging ban was expanded Jan 1, 2016 to include the processing of material not just suction of material. Anyone run into trouble yet?

 

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[fowledup]

I'm still not quite walking right yet (yes, another surgery), it'll be a couple more months before I can go up to the claim and play. In the meantime would one or two of you nice gentlemen (or ladies as the case may be) mind doing me a solid and test out these legal waters? That way when I can get back to diggin I'll have some case precedence to cite for when I get popped and have to defend myself. Thanks in advance!!!!!!!!

 

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[Jeff95531]

IF I run into some good gold this year, I'll be steppin it up for sure and I'll see what I can do.

 

[ClaimStake]

english. the elements of a paragraph make up a whole and all elements pertain to that whole. also in procedment (one thing after another)

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB637
SB-637. SEC 2 5653(a) and SEC 3 13172.5.(a); states the first thing as "vacuum or suction dredge" //"implying" power jets/infinities(vacuum) and venturies suction heads(suction){powered with an engine/motor gas/elec}.

nowhere is the terms "high banker" or "power sluice" used. why would the lawmakers put this "or" that if they weren't being specific?

the statement; "or the processing of" isn't just in the same paragraph it's also in the same sentence. everything must be taken together.

also the state can not arbitrarily define something. eg. they can't define a cat as a dog. a dredge is a dredge. or one thing as many things(involving pronouns).

anything that floats on the water falls under boating laws;http://www.dbw.ca.gov/PDF/LawEnforc/2012CBL.pdf

their effect on the water goes under water laws;CALIFORNIA WATER CODE
this also includes laws on pumping water.

whether a vessel must be registered is defined by the state;California Boat Registration Instructions | DMV.org
if it's small and it's not propelled by the motor it carries than it is the equivalent of a canoe.

you may dig within the high water line,(the creek or river itself including gravel bars).
you can not undercut a bank. from above the high water line, 300 ft away is off limits. past that is fair game.

any water you pump must be returned to the waterway as clean as it was taken.
you don't have to worry about this if the material came from within the high water line. (obviously if you weren't aloud to you wouldn't be able to dirty the water by panning such material)

regulations do not define laws, laws define regulations.

I would also advise people start using the term "power sluice" instead of "high banker". "high banking" is a type of mining implying mining high up a bank. a power sluice it the tool used in the practice and therefore dubbed the "high banker".

also get a video recorder or 3. and record everything you do and what any agents or LEO does. a lense can be far more powerful than a gun.

 

[ClaimStake]

also on wrongful arrest. you can sue and be compensated for all the fees.

https://enlightenme.com/wrongful-arrest/

 

[jcazgoldchaser]

Not saying I disagree or agree with you or the others who have responded, but all I can picture is the incredibly nice and cordial LEO nodding his head and saying "Yes sir that may well be your interpretation, however mine is different, you'll notice as you peruse your citation that it gives you two options. One you can pay the fine, or two you can be at the court house on the day listed and we will both get a chance to plead our interpretations to the judge or magistrate. Now if you'd be so kind as to sign here, I'll let you get on your way. Thanks, be safe, and Have a nice day".
Doesn't matter, either way it will cost me time and money and set myself up for even more trouble down the road if I lose and I get caught again. I do have to say tho, I have never lost challenging a citation, I have a grand record of something like 3-0. However the only thing I "won" was the satisfaction of proving I was right, woohoo! As I said earlier it still cost me time and money.

Yep. Until Americans stop allowing the cowards their illegal actions, this rubbish will continue.

 

[ncclaymaker]

Why is everyone moaning and crying? Someone helped elect "conservatives", well, that's what they are doing, "conserving". I call them "Californicators". Move to a state that doesn't regulate your life to such a high degree. In the golden state, if you smile too long while doing something, they tax it, require a permit or regulate the hell out of it. Did I mention... welcome to the "land of the free".

 

[Goldwasher]

The state can support millions of "illegals"....yet its actuaul citizens have a laundry list of 'illegal" things e can get in trouble for

Hi banking is not illegal....running a motor near a stream,lake ,or river is technically only doable if you posess a permit that doesnt exist.....the eir's and stream classifacation is up in the aitr AGAIN.....thet don't even have the ability to enforce as thre are millions of others running motors on or near these rivers lakes and streams. The difference is that they are in boats jet skis and vehicles. The difference is they are only going after prospectors because of our type of activity.

You can't make rules against one type of resource user that you don't enforce across the board. It's gonna end up challenged hopefully on that logical basis.

I live here for a reason I moved right on top of gold for a reason. Turning tail has never been the right solution.

 

[Alex Burke]

The state can support millions of "illegals"....yet its actaul citizens have a laundry list of 'illegal" things e can get in trouble for

Hi banking is not illegal....running a motor near a stream,lake ,or river is technically only doable if you posess a permit that doesnt exist.....the eir's and stream classifacation is up in the aitr AGAIN.....thet don't even have the ability to enforce as thre are millions of others running motors on or near these rivers lakes and streams. The difference is that they are in boats jet skis and vehicles. The difference is they are only going after prospectors because of our type of activity.

you can't make rules against one type of resource user that you don't enforce across the board. It's gonna end up challenged hopefully on that logical basis.

I live here for a reason I moved right on top of gold for a reason. Turning tail has never been the right solution.

I agree, I just got fined $2508 for no healthcare and I work full time haha. If I renounced my citizenship I would probably have better healthcare, food and housing opportunities here in Ca more to the point of the other poster we complain because we should and have an obligation to create awareness about the insanity and profits being made in these misguided crackdowns being done under the guise of environmentalism!

 

[winners58]

legal in some places in Caliphony except where it's not
.
home made Rocking Gold Grabber

 

[placertogo]

Let''s face it "they" don't want "us" on the stream beds and "they" are going to get any laws passed that make it difficult for "us."

 

[Hoser John]

Last week 5 bills that had absolutely nothing to do with mining in any way shape or form metamorphacised into anti mining bills in the legislature...hate hate hate insanity-John

 

[SailorDan]

legal in some places in Caliphony except where it's not
.
home made Rocking Gold Grabber

That's pretty cool!

 

[SailorDan]

Last week 5 bills that had absolutely nothing to do with mining in any way shape or form metamorphacised into anti mining bills in the legislature...hate hate hate insanity-John

Yep. The Sacramento turkeys are doing the same thing with guns. Tacking on gun control measures to innocuous sounding bills that have nothing to do with guns.