Post By Tom_in_CA
Post By Tom_in_CA
Post By Tom_in_CA
Post By Sandman
Post By dholland02
Oct 12, 2012, 04:29 AM
Where to find laws?
Hey I live in east Tennessee and was wondering where to find out the laws concerning my area when it come to metal detecting. Thanks.
Oct 12, 2012 04:29 AM
Oct 12, 2012, 05:33 AM
*************** WHAT YOU DO WITH THE FINDS YOU DIG UP IS YOUR BUSINESS AND NO ONE ELSES, IGNORE ANYONE ON A SOAPBOX TRYING TO PREACH OTHERWISE! **************
We have a Tennessee forum, could start there and search. You can also do a google search for metal detecting and Tennessee.......I would start by using google and searching the county or city parks your interested in and the words "metal detecting rules" or "metal detecting"..............
HERE IS THE THING ABOUT RIGHTS, THEY'RE NOT SUPPOSED TO BE VOTED ON, THAT IS WHY THEY CALL THEM RIGHTS!
"If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; and posterity forget that ye were our countrymen." --Samuel Adams
MY LIBERTY AND FREEDOMS ARE NOT YOURS TO GIVE OR TAKE!.......THEY DIDN'T MAKE US FREE, WE WERE BORN FREE, AS LONG AS WE HAVE THE 2ND AMENDMENT WE WILL REMAIN FREE!
CLICK LINK BELOW TO READ OUR RULES..
Oct 12, 2012, 06:58 AM
I've done some research and some asking but asking a desk jockey sometimes will get you a no before they even look at a book. I use common sence. Public schools,public parks, public librarys, as long as it is not fenced in with a closed gate i'll hunt without asking and see if i'm approached, if so and asked to leave i'll ask why politly,leave and decide if it is worth researching later.Some place i'd suggest to research first is state parks and national parks are a no no. Go with your gut...if it don't feel right research it. Good Luck
Oct 12, 2012, 08:20 AM
Ride Nude Ride Free!
Look up your laws in the Tennessee Revised Statutes, or you local county codes.
Where ever your at, that's where you are.
Oct 12, 2012, 09:54 AM
dusty-wallen, it depends on which level of laws you are wondering about. Ie.: what type land? Because think of it: there is multiple levels of ownership/oversight: Federal owned, state owned, county owned, city owned, and private owned. So which one are you asking about? And even within each one, there might be sub-layers of usages, codes, and rules.
For example: You know how there is "road right of ways" for state roads, and county roads, etc... where the road's asphalt edge might end at such & such point, but the "right of way" extends much further off into the distance out into the country. So let's say, for example, that you researched out that fruit-stands used to set up shop at a particular intersection, of what is now a state-road. So you decide to hunt the vacant corner of such an intersection, where the right-of-way extends off into the distance for aways.. Odds are, no one cares, even though that is state owned. Because perhaps there's pedestrian paths there currently, etc.... But you can see that this is quite a bit different that a state-owned sacred historically preserved monument park preserve (where no one would argue that we should be allowed to poke around and disturb). So using that example, you can see that whereas state PARKS might have one standard, it doesn't logically follow that all state land (under other state sub-categories of managment) would be held to the same standards or codes or laws. Same for city lands: whereas the rules may be "park closes at sunset", yet city streets (also city owned) you are allowed to be walking/standing "after sunset". So you see, rules differ even within each governmental entity, depending on where/what.
To answer your question, you want to look up the rules for yourself always. Because mfitz70 is right: All too often if you ask a desk-bound clerk, you might get a "no", simply because they choose the easy answer, or simply because they morph something else silly to apply to your question (when there might be no rule that specifically says "no metal detectors".)
All laws, codes, regulations, rules, etc.... from governmental levels, have to be available for public viewing, somewhere (lest how else is the public supposed to know if they're within the bounds of the law?) So for example, at city levels, it is usually made available down at city hall, in binder form, on the front desk, where you can read the city charter, etc..... And most cities (and counties, and state, etc...) are now on-line on the web. So you can simply go to their website, and it's there in the menu somewhere. Some, for example, are now subscribing to this service:
State Listing - Municipal Code Corporation
When looking through such resources, remember, you are not looking for laws which "allow" you to metal detect, but rather, you are checking to see if there's any prohibitions. If it is silent on the subject, well then presto, I guess it must not be dis-allowed then, right? And I'll save you some time, and tell you that almost always, at city and county levels, there is never anything about metal detectors/detecting. Perhaps in a few larger cities, there might be something, or a permit, but it is very rare, across the entire USA. And no, I do not consider verbage about "defacement" and "alterations" to apply to metal detecting. Because all such things implicitly apply to the end result. If you leave no trace of your presence, then by logical conclusion, you have not defaced or altered anything.
Last edited by Tom_in_CA; Oct 12, 2012 at 09:57 AM.
Metal detecting is my one worldy vice!
Oct 12, 2012, 10:06 AM
On the state level, specifically for state PARKS (thus not necessarily all state LAND), you can check this website:
Federation of Metal Detector & Archaeological Clubs Inc.
As you'll see on there, your state has a simple and plain "no", with no further explanations, for your state parks. Other state's have similar dire sounding wording, restrictions, etc...
But a bit of explanation goes along with that FMDAC listing: Such compendium lists, compiled decades ago, came about in the following way: When the originators went to compile such a list, how did they get their info? They ASKED. Sounds innocent and logical enough. This, for example, is how a guy named "Doc Grim" compiled his book "Treasure Laws of the United States", back when he published it in the 1980s. He merely xeroxed off 50 letters, sent them to each state capitol park's dept. headquarters, and asked "what are your laws concerning metal detecting in your state parks?". And when he'd received 50 replies back, he merely put the state's in alphabetic order, and published them in his book. Theoretically then, you could travel around (like RV'rs who go state to state) and know ahead of time, and/or show it to any busy-body who asks, etc.... Sounds logical enough.
But the odd thing was, when that book came out (and lists like this FMDAC link), there were states on there, with dire sounding verbage (or out-right no's) that no one had ever had a problem at! So now you had old-timers scratching their heads saying to themselves "since when?". The reason? The very psychology that mfitz70 alludes to! Whomever is tasked with answering the letter, searches far and wide through dry dusty minutia, finds something to apply to the "pressing question", and gives you the answer. Did that mean that anyone *really* cared, so long as you weren't tromping over obviously sacred historic monuments? Probably not. But doh .... you asked, so here's your answer. And thus, to this day, I can tell you for a fact, that some of those states on that list, with "no's" or variations thereof, detecting still goes on, at state parks, and no one cares. But sure, if you ask enough suits & ties there, they'll be obligated to tell you "no you can't".
Metal detecting is my one worldy vice!
Oct 13, 2012, 04:50 AM
Dusty, if I ever ask at local parks dept. (which is only in special instances), my question is worded like this; "Is there an ordinance that prohibits....". Never ask them if its OK on the occasion that you do ask else they will be happy to say NO.
When it comes to detecting, you will always find me "out standing in the field".
Oct 13, 2012, 11:35 AM
Ism, I've heard that sage advice that if you feel you MUST ask, to be sure to phrase it in such a way, that puts the burden of proof on them, to cite such an actual rule, specifically saying such a thing. Eg.: "Is there any rules or laws saying anything about metal detectors", and so forth. You would *think* this puts the burden on them, to produce such a rule, if there was one (which there rarely is). This is quite different than asking "can I metal detect?", which, as you can see, puts them in the driver's seat of personal whim, arbitrary opinion, etc.....
Originally Posted by Ism
But I have heard of cases of even your tactic falling apart. Strange answers like: "We would prefer you didn't" (as if you had been asking their personal tastes/opinion). Or answers where they don't necessarily produce a specific rule, but instead, morph something else that they say applies to your question (the dreaded "alterations" type verbage, even though you NEVER mentioned "digging" in your question, but simply because it's their knee-jerk reaction).
So while this is an improved way of wording one's question, it's still only a last resort, and it's better to look it up for oneself.
Metal detecting is my one worldy vice!
Oct 13, 2012, 12:14 PM
Perhaps this was mentioned above, if so, sorry for the repeat: Check with your local MD club members for their opinion.
Oct 13, 2012, 12:24 PM
Director-Search & Recovery Team of Oakland County.
If you gotta ask if it is OK, you are in the wrong hobby. You don't ask if you can throw baseballs to your kid, or if you can toss a Frisbee. Why do you think you need to ask if it is OK to play outside? Just do it and don't make a mess and take all the trash with you. Even go so far as to pick up any paper trash you see in a park and hang the bag on your belt. If this is beneath you, take up collecting dolls.
(C) Sandman, 2005. All Rights Reserved.
"TIME IS THE ONLY THING YOU NEVER GET BACK, WHY WASTE IT SWINGING A DETECTOR THAT ISN'T UP TO THE TASK."
Oct 13, 2012, 07:08 PM
The only places u need to worry bout permission is private property such as someone home. If it's a public park, school etc just detect it unless there's signs saying other wise.
Oct 13, 2012, 09:21 PM
Hey thanks. Just now starting to venture outside the yard and didn't want to get in trouble.
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