a story worth repeating

Tom_in_CA

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Now that Kemper is a member here on T'net, here's a story that's worth repeating. To open up discussion that I'm sure he'll enjoy too:

Back when the internet was young (late '90s), there was a thread on a forum about parks, permission, legalities, solidarities, petitions, etc... type-of-thing. And one particular fellow's input to that thread, has always stuck out in my mind as a "cause celebre" of "oh-so-typical" human nature. Here's the story:

There was an md'r in a midwestern state. I forget which exact state. And there was a particular state park in his area, which he'd md'd for many years up till that time (as had his mentors & friends before him). One day, as he was out plying his luck at this park, a ranger approached him. He was told "you can't do that". Since the md'r wasn't a confrontational type, he apologized and left.

Once he got home, the booting started to get under his skin a little. So he researched all his state's parks rules, and found that, in fact, there was NOTHING specific that actually said "no metal detectors". Oh sure, perhaps something that could be MORPHED to apply (alterations, disturbing, cultural heritage, etc..), yet nothing specific. And while he was researching this, he chanced upon some verbage in his neighboring state's park's state-park wording, that had specific ALLOWANCE for md'ing. Albeit perhaps only on sandy beaches or something, but ... nonetheless, an allowance.

The fellow began to wish that his state also would/could clarify the issue. So that it wasn't up to the arbitrary whims of individual ranger's interpretations or moods. He thought: "Wouldn't it be great if our state too could implement something like what such & such state has!". He gathered up solidarity amongst hunters in his area, like getting a petition signed to mail in. He posted some rallying solidarity posts on md'ing forums, and so forth.

And sent his letter to state capitol lead/head park's dept honchos. In the letter he related the booting inciident. And objected to it as capricous and arbitrary. Pointing out the good we do (remove trash), and how it is innocuous, etc... And the letter cited the neighboring state's specific allowance of md'ing, requesting that this state too should adopt something like this, to clarify the matter.

The md'r sat back and waited. And waited. And waited. After several weeks, no reply was forthcoming. So he picked up the phone and called to the various head honchos he'd written to. Needless to say, he just gets voice-mail heck, and leaves message. No one ever calls back :(

A couple of months later, still with no progress at his mission, he decides one day to go metal detecting. He goes to another state park in his part of the state. One which, like the other, no one had ever had a problem at. And while detecting, guess what? A ranger comes up to boot him ! A ranger, in fact, he'd even recalled seeing before, with nothing more ever than a friendly passing wave in the past! So this time the md'r objected. Asking things like "since when?" and "why?" :icon_scratch: The ranger reaches into his pocket and pulls out a folded up paper. He hands it to the md'r. It was a B.O.L. memo from state park headquarters, to all rank & file rangers. Saying to BOL for md'rs, as this activity is not allowed.

As the md'r is reading this memo letter, he gets to the bottom. Guess who it was signed by? THE VERY TOP DOG HONCHO whom he'd been petitioning, writing, and calling for clarifications! :BangHead:

The man's fellow md'ing buddies couldn't help but make the connection. He was sort of avoided from then-on-out, as a trouble-maker, who had now, single-handedly, gotten ALL his state's parks put off limits.

The md'r relating this experience said that he wished that after that first encounter, that he'd merely treated that as an isolated incident. Avoided *just* that one park. Or avoided *just* that one ranger. He could clearly see the trail of events, which ended up doing more harm, than good.

True story.
 

TheRingFinder

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One of those issues, where there is no correct fix or answer............very sad th[3].jpg
 

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Tom_in_CA

Tom_in_CA

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One of those issues, where there is no correct fix or answer............very sad View attachment 1096444

Well, there IS a "lesser of evils" answer: Avoid that one ranger in the future. If it means detecting when he's off-work for the day, off-shift, so be it. If it means avoiding "just that one park", so be it.
 

TheRingFinder

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I agree with you Tom - Just wish we lived in a free country sometimes???
 

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Tom_in_CA

Tom_in_CA

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Yup, it sucks that not everyone rolls out the red carpets for us. But our hobby has .... uh ... "connotations" to some folks. Eg.: that you might be about to "take" something. Or that you might be about to leave a hole or mark. Or that you might harm cultural heritage or earthworms, etc... So as much as I'd love to convince every last one of those people otherwise, I'm resigned to realize it just aint gonna happen :( Thus rather than run around trying to get everyone to love my hobby, I have just chosen to pick-better-times. When those particular busy-body kill-joys aren't around.
 

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Tom_in_CA

Tom_in_CA

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Hi Clay. That question was answered in my O.P. As you can see, I say that I forget which state. If my memory serves me right, it was one of the plains states. And if someone now ........ 15+ yrs later was to go to try to verify this, it would be difficult indeed. Because:

a) it sounds like the "memo" was not really a "law" as such . Ie.: that someone could, now-today, "look up. In which to see an enactment date for this, to verify. Rather, this seemed to be more of a "policy", rather than a "rule" or "law".

b) And even if someone could now, all these years later, find the O.P's story which I cite, and get which exact state it is, and, in fact, found a "law" or "rule", then odds are: There is never going to be a listing of the background reasons for such a thing. In other words, for ANY time you ever read of a "no md'ing" rule (or law or policy, or whatever), anywhere, NEVER do any of them say something like "... Because someone asked us 'can I?'"

Instead, they will attribute it to various "go-to" reasons. Like " because of cultural heritage". Or "because of holes", etc.... But when you trace back further, and ask yourself "what brought this 'pressing issue' to their plates in the first place?", then .... sometimes it's cases like this, where md'rs make themselves a giant sore thumb in need of attention and sanction.
 

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Yeah, NEVER ask government for clarification or permission - the answer you get will ALWAYS be negative. Government by the people and for the people is a mythological entity in our modern hyped up world, it only exists in pro-government propaganda. Freedom comes with a price, so just dig Baby dig!!!
 

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Yeah, NEVER ask government for clarification or permission - the answer you get will ALWAYS be negative. Government by the people and for the people is a mythological entity in our modern hyped up world, it only exists in pro-government propaganda. Freedom comes with a price, so just dig Baby dig!!!

Yes, i agree. After all my advice asking and comments I get... I truly believe if you "ask" then you'll get the "no" you don't wanna hear. Somehow it always seems to work that way in life, in any situation.
If not stated on signage otherwise... then.... dig, baby, dig!!
LOL :laughing7: I just wish the park rangers would chase down and pester those who throw down cigarette butts, and leave us MD'ers alone!!
 

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Do our on research on line, if it is public property and no law saying it is illegal then hunt it, don't call or write asking any official for permission..

Posted From My $50 Tablet....

“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
― James Madison
The Constitution of the United States of America
 

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Interesting story from Tom_in_CA. I feel for the OP referenced therein. Seemed like he tried to do the right thing by seeking legal approval from those in power and the result was less than favorable. I don't blame him despite the outcome. While there was no specific law that forbade specifically where he was metal detecting, this "morphed" concept covers that and I think that particular point gets skirted in the OP. Generalized and yes sometimes ambiguous laws are used as a coverall for stuff like metal detecting or relic retrieval. Some states and localities are just better and specifically mentioning MDing, but the morphed concept is still there. If you do not specifically have them by the short hairs on a particular subject by highlighting the fact well...that there is nothing codified to highlight regarding our hobby, you win. Nope.

What I do mind is the general malaise regarding enforcement of specific laws and these morphed coverall laws. I have "jaywalked" in front of cops, not purposefully, yet blatantly done so and they have seen me do it yet i'm not ticketed. It's as if to cover laziness on the part of enforcement of some laws, really random language is used on the off chance an official makes a mistake or someone like us call them on it. Where's the line?

This same malaise and/or application of morphed regulations seems to apply to metal detecting. I have been metal detecting in an area and was approached by an official like the OP and told hey you can't be doing that and should I decide it may be worth explaining a thing or two about the hobby sometimes I'm let go to carry on.

I'm practical in that there are so many regulations no one person knows them all at will, including the enforcers, and that if cops actually busted every possible infraction of any of a number of laws they see broken on a daily basis, nothing would get done or would be so back logged, day to day activity would cease to function (overly litigious society maybe?)

I guess what I'm getting at is I do not feel I am doing a disservice to my community by metal detecting in a public park or other public property. If a few refilled holes and trash collection of items people intentionally discarded or unknowingly dropped and did not attempt to retrieve is going to cause significant cultural heritage destruction and possible dehumanization then the problem is not the hobby we enjoy and protect.
 

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Treasure_Hunter

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So if you got a ticket for jaywalking you wouldn't have complained about the petty ticket with all the other crime going on....

Posted From My $50 Tablet....

“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
― James Madison
The Constitution of the United States of America
 

hbeaton

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Let's get on the same page here. Sure, if I did get a ticket for jaywalking, yea i'd be pissed and possibly complain but it would be clear I had broken the law and got caught. Fine has to be paid. If I'm metal detecting somewhere that may not have a posted sign saying I can't and yet there be a city regulation or catch all law that if some ranger or officer or whatever wants to enforce, I'd have to abide by that too.

What I'm getting at and I did not make this point in my previous post is I do not see mass environmental degradation specifically related to our activity enough to justify the regulations. Yes, the laws have to be written to encompass both little fish and big fish but, again, its not like i'm taking a flame thrower to the place I'm hunting when the cop comes up and says "what are you doing?"

My line of argument is a fine line maybe in the sense that I turn back some of what im saying by agreeing some regulations are written broadly enough to warrant enforcement in a multitude of areas (even ones that those writing the laws may not have thought of...yet).

There is not some mass movement to tear up public parks and other properties with metal detectors and I seriously doubt if there was little to no regulation at all (save specific areas like documented civil war battlesites, indian reservations or other previously established demarcated areas that have been justly deemed "culturally significant") there would be many more metal detectors swinging. This activity is awesome and almost anyone can do it, its inexpensive *relatively* to get started and provides a lot of tertiary benefits beyond the actual hunt (researching skills, thinking outside the box on how to find good spots), but yet most people frankly may find the concept of digging up buried treasure appealing but are too lazy to physically do it.

I'm not averse to laws and lawmakers but I do think we metal detectors get the short end because of other actions that prompted laws banning or severely limiting where we can go detect.
 

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Treasure_Hunter

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I agree with you, I was just pointing out the humor of what would have happen if you got the ticket..

Posted From My $50 Tablet....

“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
― James Madison
The Constitution of the United States of America
 

hbeaton

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Haha. Understood. Come to think of it, I have never been ticketed nor seen someone ticketed for jaywalking despite having many signs easily viewable saying don't do it and the fine amount if "caught".

In all likelihood, depending on the circumstances, I probably would take one of my few stupid breaths in life and argue with the officer for a second on the merits of said jaywalking and something to do with taxes, city budgets and other legal whathaveyou that won't help my chances of getting the ticket and fine but somewhere, in a parallel reality, would make me feel better.
 

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Tom_in_CA

Tom_in_CA

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H-beaton, thanx for chiming in. A few thoughts:

..... I feel for the OP referenced therein. Seemed like he tried to do the right thing by seeking legal approval from those in power..... .

Question: Why can't doing the "right thing" in cases like that, be to a) avoid just that one park, or b) avoid just that one individual ? I don't see how trying to get every last person to love and approve of us, is necessarily the "right thing".

..... While there was no specific law that forbade specifically where he was metal detecting, this "morphed" concept covers that and I think that particular point gets skirted in the OP. Generalized and yes sometimes ambiguous laws are used as a coverall for stuff like metal detecting or relic retrieval....

Well, yes. That's the legal world of laws and rules purposefully written vaguely/broadly. SO AS TO APPLY to a myriad of circumstances which *could* arise in the field. Because it's impossible to write laws to address every conceivable thing that someone *might* do. That's why we have laws that do things like forbid "annoyances", etc.... So that that way, a LEO can do his job in the field, for varieties of things that arise.

So while those "morph" things could or might apply to md'ing (we "remove", we "disturb", we affect cultural, etc...) yet the fact that various things *could* be morphed to apply does not, to me, mean that the solution-to-such is: to go seeking clarifications and attention. Because otherwise, you might just become a victim of the: "No one cared .... TILL you asked" psychology. Yes I sympathize with the uncomfortable feeling that the OP encountered.
 

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Tom_in_CA

Tom_in_CA

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So if you got a ticket for jaywalking you wouldn't have complained about the petty ticket with all the other crime going on....

Sure. You can complain about that. But I don't think it'll do any good. Reminds me of the time I was a passenger in a buddies car. As we were driving, a car passed us doing nearly 90 mph! We both commented on it. Then, not a few minutes later, my friend got pulled over for speeding. And I recall him saying to the cop" "why aren't you guys out chasing down speeders "like we just saw, who was doing 90+ mph?".

Now ...seriously ..... do you think the cop, in cases like that, would say "gee, you're right, you were only going 10 mph over, while he was doing 30 mph over. Oh forgive me", and tear up the ticket ? I *wish* it worked like that. But alas, it does not :(
 

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Tom_in_CA

Tom_in_CA

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....having many signs easily viewable saying don't do it and the fine amount if "caught"......

Yes, there is no doubt that ALL of us have (gasp) "jaywalked" in our times. Eh ? And believe it or not, some persons have even been ticketed for that. I was in traffic court, waiting my turn for the cattle-call docket scheduling. And I recall a lady who, when it came her turn......... was wanting to fight a "jaywalking" ticket. So it's not like it can never happen. :dontknow:

But the reality of the situation is: how often is something like this bound to happen? NOT OFTEN. As we all know. We count such over-zealous tickets as "flukes", don't we ? But due to the magic of the internet, blasting isolated bootings/tickets/hassles, we might THINK it's something that we need to be in "imminent fear of" So we start thinking in those terms. And pretty soon, it only becomes a self-fulfilling phenomenom. :(
 

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Tom_in_CA

Tom_in_CA

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.... I am fortunate that metal detecting is allowed on city property in my city....

Hi kemper ! glad you finally found this post.

As for your "allowed" ('on city property') , versus "disallowed": Don't forget that if it's not dis-allowed, then presto: it's not disallowed. Doh ! :)
 

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