jimf
Newbie
? Saw this on the WWATS website.? I'm NOT happy about this at all, and nor should any other metal detectorists out there.? Actions like this impact all of us who enjoy this hobby.? If you want to make some noise about this, go to the GA House website:? http://www.legis.state.ga.us/legis/2005_06/house/? and send Mr. Richardson (Speaker of the House) a note.Thanks in advance for your help.
http://www.wwats.org/modules.php?op...e=article&sid=574&mode=thread&order=0&thold=0
Court held in Cobb County, Georgia for DNR citations
Posted by: Gizmo on Apr 16, 2005 - 05:03 AM?
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I went to the Cobb County (Georgia) Magistrates court with one of my hunting buddies that had received a citation in Feb. from the DNR (Dept. of Natural Resources)for detecting on private property (a construction site that had already been cleared). The charge was for unlawfully excavating archaeological artifacts. A misdemeaner but it still goes on a criminal record. He had 3 bullets that he had found. They took the bullets, treated him like a felon and cited another person on the same property. My friend had received verbal permission from workers on the site to detect. The other hunter I don't think did but thought it would be OK.
Now I am not a lawyer but I have been in law enforcement for about 35 years and I have been detecting for about 8 years. I didn't hold myself out as a law enforcement officer but as a fellow detectorist and rescurer of artifacts. After his "arrest" I was able to make contact with the owners of the property (the developers)and I was able to receive written permission to hunt the site along with my friends that would be with me. He also stated that what the DNR did was "bogus" (his words)and they were not interested in prosecuting anyone. I also contacted the DNR and spoke with several persons there including one of the state archaeologist. I could not get a direct answer to several important questions to include why DNR was on private property without the owners permission and what is an archaeological site.
GA law also requires that you notify the state archeologist 5 days prior to any dig.. So I also sent a letter to the DNR state archeaoligist.
Yesterday I was able to get hold of the solicitor for the state and talked with him for about 5 minutes. This was after getting a run-a-round for several weeks.
Today in court we found that there were several people that had received citations on different days for detecting on that property and elsewhere and were present for court. One had hired an attorney. There were several others that had hired attorneys and had their cases waived over for trial and were not present.
I was impressed that there were seveal members of the local detecting club present to give support.
It was not my intention at first to speak for everyone but I was able to get the solicitor to listen to us and showed him the paperwork I had giving permission and explained that these sites were construction sites and that in effect what we were doing was rescuing the relics from permanent destruction. I showed where the law was flawed and how the site was already being excavated for condos. The lawyer for the other hunter didn't say a thing but wanted me to continue with my argument. He was getting a lesson as well.
Well to make a long story short, I was able to talk the solicitor into dismissing all charges on everyone.
GA law also states that after July 1st, 2001 , just having possession of an artifact is prima facia evidence that you are in violation of the law if you don't have a letter from the property owner from where the artifact came from. I told the solicitor that he would have to go to the Civil War show and check for permission letters or write a bunch of tickets.
I have included a link to the GA law. http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=12-3-621
Remember to get that WRITTEN permission and have it with you while detecting. Take care of the property, fill in your holes and share some of the finds with the owner. Know the law in your area. If it's wrong then lets fight it the right way. I am sending letters to the proper state representitives and offices to try to get them to listen to us and change the law.
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