Time to stir up a hornets nest.

[Metal.detective]

Time to stir up a hornet's nest.

So it's 4am where I'm at and I just read a post that got my curious. Started doing research and got even more curious to the point that when I get up today I'm going to call a lawyer buddy of mine here in NC. So this pertains to metal detecting the Cape Hatteras National Seashore. First let me say I'm former law enforcement and I try to stick to the rules. I don't feel like going to jail over my hobbies. I've spent 30 years staying out of there and don't want to start now. Enough ranting....so I've read Supreme Court cases that ruled that from the average high tide mark to the water is considered public property and no one really owns it. So if this be the case why wouldn't detecting be legal from point A to point B? I'd love to press it and see if I can make case law lol. That could get expensive and like I said I ain't ready for jail if it doesn't work out. Let's hear some opinions. Keep it nice...I'm just trying to spark opinion. I've had people get on here and bash the heck out me in the past. I like this forum so in a world that's full of meanness and hatred...be nice here. We can have a friendly debate. Go.

 

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[Metal.detective]

Thanks Buckaroo. You're right it is different everywhere but Supreme Court cases are starting to come out on this and it won't be long until it's adopted all over.

 

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[Tejaas]

Sounds like a plan to me. What state you in Tejaas?

Haha, Texas!

 

[Metal.detective]

I don't know touch about that part of the world lol. I'm just thankful I'm right in the middle of civil and revolutionary war territory. Yeahhhhhhhhh buddyyyyyy!

 

[Fletch88]

Haha well then I suppose we ought to team up and start looking. You go south and I'll go east, we can meet in Key West!!!

When I hit the lotto I'll pick you up on my yacht and go on a 3 month treasure expedition!

 

[Tom_in_CA]

So it's 4am where I'm at and I just read a post that got my curious. Started doing research and got even more curious to the point that when I get up today I'm going to call a lawyer buddy of mine here in NC. So this pertains to metal detecting the Cape Hatteras National Seashore. First let me say I'm former law enforcement and I try to stick to the rules. I don't feel like going to jail over my hobbies. I've spent 30 years staying out of there and don't want to start now. Enough ranting....so I've read Supreme Court cases that ruled that from the average high tide mark to the water is considered public property and no one really owns it. So if this be the case why wouldn't detecting be legal from point A to point B? I'd love to press it and see if I can make case law lol. That could get expensive and like I said I ain't ready for jail if it doesn't work out. Let's hear some opinions. Keep it nice...I'm just trying to spark opinion. I've had people get on here and bash the heck out me in the past. I like this forum so in a world that's full of meanness and hatred...be nice here. We can have a friendly debate. Go.

Metal.detective, I can't comment on the specific geographic locale that you are asking/thinking about. Other than to note it's a form a "federal" land. As opposed to city, state, county, etc... And I don't know if any authorities who may roam there actually care or know. But as for the various supposed "imminent fears" that some people are suggesting (jail, fines, confiscations, etc...), you can ask them this: can they cite any such incident of jail, fines, confiscations there. My hunch is, that any such incidents of those things someone can cite, will invariably be for someone night-sneaking obvious historic monuments, or someone who can't take a warning, etc...

And while there's a popular knee-jerk reaction amongst md'rs that "all federal land is off-limits", this is just simply not true. Now as to whether it's true in YOUR particular case, I also don't know without researching to see .

But to answer your question on what might happen, here's a humorous true story for you, that shows what "might happen":

We too, here in CA, have a particular federal beach that ..... rumor had long since held, was "off-limits to md'ing". And this notion was put into the md'ing info-pipeline since as long as anyone can remember.

Anyhow, one day, a newbie in that area of the state, who simply didn't know any better, went there. He did well enough, that he kept going for subsequent trips. Copious amounts of clad in the dry sand, and an occasional ring. Eventually his totals got impressive enough (gold rings, thousands of easy clad, etc...), that he began to wonder: "Gee, why aren't the locals all over this?". Because you see, he was realizing by then, that there were other hobbyists in the area. And it was a mystery to him why they weren't harvesting these easy pickens. But ... oh well, he wasn't complaining

But alas, as he began to make acquaintances in the md'ing community several months later, he let his guard down and told a few persons where his "honey-hole" was . Imagine his surprise, when a few of them told him "I thought that was off-limits?". At first, he thought they were mistaken. And certainly if it were "illegal", then certainly someone would have said something to him by then, right? Hence THEY were the ones who must be mistaken. Right? He had gone right in broad daylight. Right past manned lifegaurd towers. Rangers in jeeps passing by paid him no mind. No one cared.

However, as time went on, and he looked into these other hobbyists claims, he began to see what they were talking about (that certain things *could* be morphed to apply). And then he realized why the pickens were so good: Because everyone thought it was off-limits, hence no one ever detected there! Doh!

So now you can only imagine the poor fellow's dilema: keep going, because it was obvious that no one cared? I mean, you could hardly blame him if he did, right? Let's be honest now! haha.

Thus perhaps you can go to your spot in mind, and never hear "boo". Oh sure, if you ask enough questions, and parade yourself at an archie convention there and find a "purist", then sure, maybe someone will say something. But to get a ticket? I suppose if you firmly held your ground, refused to take that warning, so that you could make a showdown a purposefully want a ticket to fight.