Is none motorized dredging or high banking legal in California

[et1955]

If you can't use a motor " within a 100ft of the water way" can you use a water wheel to drive the pumps needed to run such equipment. Easy to build. I know electric and gas motors are not allowed. Maybe it is time to think out of the box.

 

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[fowledup]

He's saying there is no magic bullet, you have to interpret your rights and the risk on a case by case situation. I might run a recirc sluice with a motor this year but I am aware the regs (not so much the laws) are so cloudy and open to interpretation that I might get popped, so I may or may not accept this risk and use this device. I believe this device is legal but others may not. I can't really afford to risk a ticket or legal problems but if I could I would be more inclined to take the risk.

Exactly! Well put!

 

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[Asmbandits]

Everything Ive read referring to Executive Order 6102 says that it was illegal to own gold at that time except for some forms of currency and jewelry. What are we missing here Clay?

 

[fowledup]

So in your opinion, doing which activities would not put you in the wrong and be an unacceptable risk of losing your case? (highbanking, dredging, etc.) Or can this only be determined as there are more real examples and precedents?

That's what I'm getting at, my opinion doesn't matter. On a nearby watershed I have friends who are doing both and with the apparent blessings of their local LEO's. The watershed I live on is known for citing for anything and everything they can, as seen on the show Wild Justice, they simply don't care for us. If it's not being enforced or upheld in a consistent manner across the board then everything is mere speculation and opinion and will be done on a case by case basis. What matters is if you feel comfortable enough with your own knowledge and information to risk it and accept the possiblity that you may be called upon to prove it or hire an attorney to prove it for you. This isn't at the point (yet) where you can open up the book, point to a pertainent code or law that unequivocally proves your case, tell them to go harass someone else and then go back to work.

 

[Clay Diggins]

Gee thanks....

I believe it was FDR.....

"I, Franklin D Roosevelt…do declare that said national emergency still continues to exist and…do hereby prohibit the hoarding of gold…”

*snipped - some bs from California School - snip*

Yeah I thought that sounded like California school BS. Here's what the Executive Order actually said about owning gold:

Section 2. All persons are hereby required to deliver on or before May 1, 1933, to a Federal Reserve Bank or a branch or agency thereof or to any member bank of the Federal Reserve System all gold coin, gold bullion and gold certificates now owned by them or coming into their ownership on or before April 28, 1933, except the following:

(a) Such amount of gold as may be required for legitimate and customary use in industry, profession or art within a reasonable time, including gold prior to refining and stocks of gold in reasonable amounts for the usual trade requirements of owners mining and refining such gold.

(b) Gold coin and gold certificates in an amount not exceeding in the aggregate $100 belonging to any one person; and gold coins having a recognized special value to collectors of rare and unusual coins.

(c) Gold coin and bullion earmarked or held in trust for a recognized foreign Government or foreign central bank or the Bank for International Settlements.

(d) Gold coin and bullion licensed for other proper transactions (not involving hoarding) including gold coin and bullion imported for reexport or held pending action on applications for export licenses.

Notice that $100 limit for gold coins per person? With an average wage of .42 (cents) per hour (many made less) and $100 representing nearly five ounces of gold the equivalent today would be $6,250 dollars of gold per person. With an average family size of 5 that would be $31,000 in gold coin today per household. Do you or anyone you know keep $31,000 around the house in cash or gold coin?

How any teacher in California or elsewhere could believe that $31,000 value in gold coin per household could amount to "banning private gold ownership" is beyond me. In fact anyone stating that private gold ownership was banned simply didn't read the law. $100 dollars in gold coin was a lot more money than any but the wealthiest people would have in savings much less pocket money. If anyone was inconvenienced by that limit it wasn't the common working man.

Here is the Presidential Proclamation in full. It's short but you will find it much more detailed than those California school books.

Never has gold possession or prospecting been banned in the United States. After 1933 there was a gold mining boom until 1942. Even during WWII gold mining was still allowed. I've got the laws to back up that statement too. And if you are still on the California school history believing bandwagon I can provide proof that hydraulic mining was never banned in the United States - including California.

Sometimes what you "know" is more about where you grew up than what the facts are.

No you know something else. Educate yourself and prosper!

Heavy Pans

 

[rodoconnor]

There actually was an exception to the infamous Roosavelt Order. In Sierra Co Kal. , they were allowed to continue to mine gold. They had some sort of insider connection.

 

[Clay Diggins]

There actually was an exception to the infamous Roosavelt Order. In Sierra Co Kal. , they were allowed to continue to mine gold. They had some sort of insider connection.

Gold mining was not banned by the order. I gave the link to read the order above.

The 1930's were the second most active gold mining era in U.S. history. Everywhere there was gold to be found many people were mining legally. There was no exception in Sierra County because there never was a ban on gold mining.

Heavy Pans

 

[Asmbandits]

Thanks for the clarification, dont remember what we learned on the subject in school, I simply googled it and found everything that came up did not get into the detail that you posted.

 

[rodoconnor]

Gold mining was not banned by the order. I gave the link to read the order above.

The 1930's were the second most active gold mining era in U.S. history. Everywhere there was gold to be found many people were mining legally. There was no exception in Sierra County because there never was a ban on gold mining.

Heavy Pans

I stand corrected. I was Kalifornia educted. Ha ha!

 

[Goldwasher]

if you ever heve the desire to have a small stroke. Go to the state park in Coloma and stand by the indian shelters across the parking lot. Listen to the things their group leaders and teachers are discussing and telling the kids....its even better over by the mining displays...

I double dog dare Ya!!

 

[Goldwasher]

I got into gold prospecting when a bunch of Gpaa guys came to our little ghetto Socal school. They had a bunch of equipment and gold to show. They told us there was gold right there in "OUR HILLS"...hooked in sixth grade like eighteen years ago!! glad they talked about it in a positive ay back then....too bad now

 

[Alex Burke]

if you ever heve the desire to have a small stroke. Go to the state park in Coloma and stand by the indian shelters across the parking lot. Listen to the things their group leaders and teachers are discussing and telling the kids....its even better over by the mining displays...

I double dog dare Ya!!

Oh I know... I was checking the gigs section of craigslist recently looking for extra work and found this gem


Hard to compete against people that see a career path making money in environmentalism. They aren't interested in helping the environment they are trying to pay their rent which is blatantly obvious in this ad.

 

[Au dave]

I would say YES - it can be considered a "mechanized" instrument made by MAN to speed up and aid in the process..
They could say that about a plastic or steel Gold pan too if they wanted to get down and dirty.
Shovels and picks are also form of mechanized instruments to aid in what ever your doing.

Just curious, is Canada or Australia dealing with this kind of environmental radicalism?

G-Bone ...dredging in any form (hydraulic or mechanised) has been banned in my state; Victoria Aust. since the late 70s: I'm not sure about the other states (each state has its own specific laws concerning mining/ prospecting) In Victoria using a shrimp/bait/worm pump falls into a grey area- whether it is mechanised or not...rarely do I see any rangers out bush and most I have read on forums over here it seems to depend on the rangers mood and or his interpretation of the law on the day- if they know it. Some even have trouble with the difference between a dredge and a highbanker. I myself use a bait pump, but for the amount of material I move with it, I feel that they wouldn't bother with the paperwork. Just to be sure I haven't fitted a valve to it so I have more grey area to work with. We do have rivers and creeks listed that cannot be touched - typically ones that definately have gold, and anywhere in a National park is taboo, so are forest reserves. When it comes to claims ..I'm still trying to work that out but I do know that you have to seek permission to prospect anyones claim.

Sent from my GT-I9305 using Tapatalk

 

[fowledup]

Oh I know... I was checking the gigs section of craigslist recently looking for extra work and found this gem View attachment 1322981
View attachment 1322982

Hard to compete against people that see a career path making money in environmentalism. They aren't interested in helping the environment they are trying to pay their rent which is blatantly obvious in this ad.

Grant writing is big money here in California. Outfits always always looking for good grant writers. Pretty soon they'll make it a mandatory part of the enviro warrior curriculum. If your a student, look into this area of work, our side could sure use some of our own grant writers. I believe they tend look at ya in a more favorable light if they've been footing the bill for your work- lol.

 

[Alex Burke]

Yeah it's how the fringe groups start. Look at the group suing to shut down the ranches around here and at other national parks. They don't have support of locals or even the other enviro groups but they went ahead and started their own group and raised the money partnering with a group from out of state.

This same group suing the NPS also donated 5 or 10k can't remember to a reward fund for a crime on NPS property right after filing the suit, conflict of interest much! If someone was suing you wouldn't it seem weird that they want to offer you money before the trial lol. So I'm not feeling too confident about the outcome of that particular case.

 

[rodoconnor]

My exwife is a grant writer. I never knew such an occupation existed. You just ask a corporation for some dough and they can't wait to give it to you.Year after year. I know i'm simplifying it ,but not by much!

 

[spaghettigold]

Yeah I thought that sounded like California school BS. Here's what the Executive Order actually said about owning gold:


Notice that $100 limit for gold coins per person? With an average wage of .42 (cents) per hour (many made less) and $100 representing nearly five ounces of gold the equivalent today would be $6,250 dollars of gold per person. With an average family size of 5 that would be $31,000 in gold coin today per household. Do you or anyone you know keep $31,000 around the house in cash or gold coin?

How any teacher in California or elsewhere could believe that $31,000 value in gold coin per household could amount to "banning private gold ownership" is beyond me. In fact anyone stating that private gold ownership was banned simply didn't read the law. $100 dollars in gold coin was a lot more money than any but the wealthiest people would have in savings much less pocket money. If anyone was inconvenienced by that limit it wasn't the common working man.

Here is the Presidential Proclamation in full. It's short but you will find it much more detailed than those California school books.

Never has gold possession or prospecting been banned in the United States. After 1933 there was a gold mining boom until 1942. Even during WWII gold mining was still allowed. I've got the laws to back up that statement too. And if you are still on the California school history believing bandwagon I can provide proof that hydraulic mining was never banned in the United States - including California.

Sometimes what you "know" is more about where you grew up than what the facts are.

No you know something else. Educate yourself and prosper!

Heavy Pans

Now what if we transfer this in to today..lets say that today there are quite many people that have 31000$ and more in savings in theire bankaccount.
Now what will the people do if the banks continue to push negativ interest rates?

 

[ratled]

To get back on topic, here is some video this last weekend's gravity highbanking outing



ratled

 

[Jeff95531]

Here's a video on how one member of the new 49'ers got around the non motorized maddness this year.

 

[Goldwasher]

To get back on topic, here is some video this last weekend's gravity highbanking outing



ratled

awesome

 

[fishnfacts]

I know I have no say in what any miner does or doesn't do but If I lived in Cali. I would try and get every miner on the water. Keep going and even if arrest, appeal and be back out tomorrow. Do they have enough officers of their law to continuously arrest 100's of miners daily. Eventually the courts would be so clogged that they couldn't do anything. Just a thought.