Possession is 9/10ths..

StoneWhisper

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Apr 16, 2010
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This has always been one of my confusing questions when it comes to searching for rocks while out and about the country side. Although I have went to several sites that claim that can offer the best advice on how to read this above (Possession is 9/10ths) comment.
Granted I am aware of the trespassing etc and other laws.. but I find myself being looked at while along side the road looking for stones.. and then there is the classic "road cuts' where the state has removed land to create new roads.. prime locations for thunder eggs etc..

But what I need is something I can put in my pocket and pull out just in case someone asks "what are you doing" Could or should there be an official rock hunters registry?.. where all those who register have an official claims vest indicating their intentions when searching for stones etc. I like the idea of having a vest with all the credentials on the lapel.. but there would be a draw back.. it would sort of start to look like big brother.. always wanting to know where we are and where we are digging.

It's gotten to the point where one has said to me while I was picking up a stone off the shoulder of the road, "thats not your put it back" etc.. and there there is the time when I had my hammer along for the trek.. and the cops show up.. wondering what I'm going to do with this hammer.. then I fell guilty about entering a nursing home just because they have a large rock on their site which I wanted to get a sample from.. they claim I can't cause if I get hurt in the process.. they can't be held liable etc..

So here is what I'm needing.. I just want to have someone explain to me (clearly) what we can and can not do while rock hunting
 

BurntBear

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I use guidelines permitted by landowners on private property and adhere to NFS rules in National Forest areas which surround me. Naturally, my best specimens are coming from private property where I have access to pretty much whatever I want. National Parks and National Forests have different guidelines as well.
 

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StoneWhisper

StoneWhisper

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I follow the same principal.. ask those involved and seek out correct areas to dig.. yet on other sites I use to be a member of.. they boasted about their conquest in acquiring stones illegally..
 

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BurntBear

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I don't think you have anything to worry about SW. That's crazy, people boasting about acquiring stones illegally. Yet, humans never cease to amaze me. Kind of on the same plane as people saying they voted for the president 8 times.... :icon_scratch:

Do your thing man, follow the laws and don't let anyone discourage your passion. :occasion14:
 

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hvacker

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Or like a friend of mine does, get a hard hat, a safety vest and a white pick up.
I guess if someone told me to put down a road rock my response would be "Bite Me".
I probably won't willingly break some law but I won't worry about some others misinterpretations.
 

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hvacker

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Never go by ((Possession is 9/10ths of the law)it is totally false and is an old wives tale.

No always. Example I know a plumbing contractor (I'll call him Joe). Joe got a call from another contractor telling him a guy was at his shop trying to sell some tools that had Joe's name on them. Cops were called and Joe went to the contractor's shop.
Arguments back and forth when the cop said to Joe, why don't you just pay the guy for the tools and be done with it. The deal was Joe couldn't prove the guy didn't have legitimate ownership of the tools. Like maybe Joe sold him the tools and now is trying to get them back. Possession in this case constituted ownership. Burden of proof fell on Joe.

Happy ending though. Joe took all he could of this, picked up his tools and walked out.
 

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JLeonhardy

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There isn't any registry that I'm aware of, though I'm sure you could make an ID for any gem/rock/mineral clubs you belong to. The important thing is to be hyper aware of the rules and regulations for the (non private property) area you're hunting in. My challenge has always been around working claims. Ive had one occasion where s fellow got very upset I was rock hunting his claim (in southern oregon). I pointed out that his claim was in no way marked and, after he calmed down, helped him set up some rock piles and put a copy of his claim paperwork in a mayonnaise jar we hung from an obvious tree limb. Sine I was only hunting carnelian, and not the gold he was after, he was happy to let me keep the samples I'd picked up. I'd offered them to him once we'd established his claim was legitimate. It was his first placer claim and he was really good about it -- once he'd calmed down.

Another time, just recently, I was told by border patrol that all rock hunting privileges had been suspended within a mile of the border. When the agent couldn't produce any proof -- basically, he just wanted me out of there, I explained I was going to continue to hunt for the next few days. My car, camp and person were then subjected to searches over the course of the next two days, despite my pointing out that he had no probable cause. He just didn't believe a hippie camping on the AZ/Mx border would be there for rocks -- despite the growing pile of rocks, pile of tools, books, maps, etc.
 

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