Comments on new legislation for relic hunting in KY?

[epi-hunter]

Hi... I am a 43 year old female who just moved to KY (Lexington area) from Iowa, so I am new to MD'ing in this state and have been researching the detecting laws here. I love MD'ing and I usually post at metaldetectingforum.com but I do read and follow this forum also.

In a forum on that site I was recently made aware that there is legislation pending in KY to require a permit for all digging, even on private property. This was also noted in the most recent issue of W&E Treasures magazine. And the "permit" required for digging would never be granted unless you were an archaeologist.

The bill focuses on burial mounds and prehistoric artifacts but the way it's worded, it would also cover all digging and metal detecting, even on private property.

I'd be interested to get your input as to how you think that might affect things here in KY. I think I will turn around and move back to Iowa (or any other state) if I have to give up MD'ing

Thanks... any other MD'ing info for a new KY resident would be very welcome

[epi-hunter]

Sorry... I meant to post the link to the bill:

http://www.kentuckyvotes.org/2007-HB-117

[snake35]

All that this bill will do is make criminals out of normally law abiding people.

[epi-hunter]

Yes, that was my thought too.

After reading some of the back posts here (particularly the one titled "Fayette county"), I'm afraid to even get out of my car with a metal detector in this state. Things were much more laid back in Iowa.

Seems like the penalties for murder and rape are more lenient than those for metal detecting on federal property (or parking on federal property and walking to private property with a metal detector in hand!)

[BuckleBoy]

This is HORRIBLE! And this type of legislation is being pushed in other states as well. Although the information contained above affects Kentuckians specifically, this thread really belongs in a thread where more folks will see it. We need their help too in writing letters! Please PM Jeff and have it moved to "Legal Issues." You should change the title to "Law to Ban Metal Detecting" or something like that. We need folks to know, and we need to get some responses going to this...it really affects all of us, because anyone's state could be next.


-Buckleboy

[epi-hunter]

This is HORRIBLE! And this type of legislation is being pushed in other states as well. Although the information contained above affects Kentuckians specifically, this thread really belongs in a thread where more folks will see it. We need their help too in writing letters! Please PM Jeff and have it moved to "Legal Issues." You should change the title to "Law to Ban Metal Detecting" or something like that. We need folks to know, and we need to get some responses going to this...it really affects all of us, because anyone's state could be next.


-Buckleboy

Thanks Buckleboy. I agree and I did PM Jeff about it.

I'm not sure how they would enforce any such thing, but it would be horrible for something like this to pass. I am planning to buy some land in rural KY with an old homestead site on it, and as a landowner I would not be happy (understatement) if some state law tried to tell me that I couldn't metal detect on my own private land, paid for by me. Apparently from reading that bill, I couldn't even walk the land and pick up an arrowhead on the surface if I found one. Ridiculous.

[teverly]

Be aware that this bill has been DEFEATED..3 times according to Marks story in W/E treasures!!!!!!!

[greywolf]

When a bill is proposed and then defeated three times there is usuially a lobby behind it .. That lobby represents some one who will make MONEY from it so look at the sponsor and look and look at who is in support for the bill and you will find the greed factor.

[epi-hunter]

The state archaeologists are in support of the bill.

Thanks; I didn't read the part about it being defeated three times. That makes me feel better. Although the persistence might pay off for them down the road.

[Kentucky Kache]

Hi epi-hunter. Welcome to the state, and to Treasurenet. Stick around a little longer and see where this goes. If this idiotic proposal becomes law, then I'll move out of state with you.

[epi-hunter]

Hi epi-hunter. Welcome to the state, and to Treasurenet. Stick around a little longer and see where this goes. If this idiotic proposal becomes law, then I'll move out of state with you.

Thanks jbot... so far I like KY, although I haven't found any silver yet. It seems like many of the public places have been pounded. I'm hoping other more rural areas of the state might be less hunted out. I will do some day traveling to SW Kentucky for my job so maybe I will check out those areas.

[Tom_in_CA]

Something like this already got defeated in OR, and somewhere else, thank goodness. If anything like this ever passed in CA, I would take up full time night detecting. Out of site is out of mind. That's just too stoopid.

I heard of a lady archie, walking down an east coast beach one day. She chanced upon a guy metal detecting on the beach (I forget if it was state, city, county, or whatever owned). She started harping at the guy that he was "pot digging", perhaps breaking the law, etc... blah blah blah. The md'r pointed out to her that all he had was modern clad, and was only angling for modern jewelry. The lady archie was taken back by that remark (I guess she thought he was scarfing up on Mel Fisher type stuff?). So she thought for a minute, and retorts: "Well, it may be modern now, but 100 yrs from now, it will be an archaeological resource for FUTURE generations!" Doh! See why I'd just rather them never see me? It's useless!

[Mark S.]

I just love that "future generations" statement. Exactly which future generation is it being saved for? They are all "saving" it. But for who?

These bills that go after private property do not get very far. Most legislators do not want to tread on private property rights. Once word gets out these things generally go down in flames, but not without a fight. This one was disguised. That is how they have begun going about it because they know it will not pass on its own. This one was very cleverly inserted in a manner to make it look like something else. Due to this one I read all legislation I encounter in its entirety and carefully.

The plus side is that they are going way to far and are now stomping on not just amateur archaeologists but also ticking off alot of professionals. Its not just us fighting them now, we have been joined by people in their own profession.

The one in Oregon actually passed the Senate but was never brought up in the house. There was one in VA a few years back but that also met with failure. They did get some small sections of it thru but not the private property parts. I am sure they will keep trying.


Mark S.

[epi-hunter]

Great story Tom. Too funny. Sad thing is, it's not that surprising that someone would actually say that.

I am not sure how they would expect to enforce something like this on private property if it did pass. I am a law-abiding citizen but do you think this kind of a law would keep me from detecting on my own farm? Or bending over to pick up an arrowhead if I found one?

[mxtswinger]

Hey Epi- Welcome to KY. Sorry you had such an unwelcome welcome, but hopefully this will spark a nationwide epiphany among detectorists. They are out to get us.

Anytime you want to swing through NE KY, you have a guide at your disposal.

HH
Kevin

[epi-hunter]

Hey Epi- Welcome to KY. Sorry you had such an unwelcome welcome, but hopefully this will spark a nationwide epiphany among detectorists. They are out to get us.

Anytime you want to swing through NE KY, you have a guide at your disposal.

HH
Kevin

Thanks Kevin. I may take you up on that someday

I know of you from the other forum of course.... and glad to learn you are from KY too.

[sixguns]

I cant leave the State for a few months, and it gets crazy I hope this doesnt go far.

[weldermark]

i posted this same thread back in april on the kentucky forum and i also e mailed senator Clark, voiceing my veiw on this matter!
nobody seemed concerned then


Mark

[wildrider]

Epi,

It's safe, you can come out and play.

[cavers5]

Well, folks,

That's why, as a Kentucky archaeologist, I have problems with several of the other Kentucky archaeologists. There's a few that have absolutely no common sense and think they rule Kentucky!

I could really use some help in dealing with these people. Any kind of letters that you can write your legislators and/or if some of you would go with me to address some legislators, I would certainly appreciate it. These folks are INTENT on getting this passed as quickly as they can. They will keep trying until they can sneak it through. That's the kind of people they are.

Sincerely,
Cavers5