Is it legal to detect around old graveyards

This is a VERY sore subject. 95.9-percent of metal detecting hobbyists feel it is wrong to disturb a graveyard.
 

The graveyard across from my house is full of CW relics but I wouldn't metal detect there unless I wanted 3 hots and a cot.
I don't see anything wrong with MD'ing near a graveyard but only on the outskirts away from the head stones and it would have to be in the middle of nowhere.
 

reply

Your question is "is it legal ....?". The answer is probably yes. This would be because of a combination of factors:

a) public access is allowed (ie.: there's nothing to stop or prohibit you from meandering about, being there in the first place, etc...).

b) Sure, the permission to pass is no-doubt "revokable by owner" (much like a shopping center or whatever).

c) barring an rules by that owner saying that you can't do such & such, then ... I suppose that technically, they'd have to appraise you of such a thing. Because I mean, they can't say it is "trespassing", since the graveyard is open to the public.

BUT!! this isn't to say that they might not call the police, and try to say you were "vandalizing" or "destroying" or something like that, which WOULD run afoul of existing laws. Now of course you and I know that metal detecting is not "vandalizing" or "destroying" (because you'll leave no trace of your presence). But just saying that anyone can level such accusations, and you're going to be "hard-pressed" to disprove it, d/t the ...... uh ...... image of someone "detecting in a graveyard".

So your question of "is it legal", is probably yes, but is it wise? Is probably no. It just carries too much connotations, sensitivities, etc... Even though you know graves are 6 ft. deep, and you are only looking for coins a few inches, yet there are some observers who are superstitious, etc.... given the location.
 

I wouldn't be caught dead MDing around a graveyard...in all seriousness...I can't think of a better or quicker way to give the hobby a black eye.
 

We have had many threads on this topic,none ended well, ffirst sign of thread turning ugly it will be locked, remember our rules please......
 

I think I would first try to find out who is the Caretaker of the grave yard. I have actually been asked to Detect in grave yards to find the metal pins that mark where the plots are supposed to be. Personally I would stay to the out side of the graveyard if I were detecting for stuff. And STRONGLY suggest finding out who is the Caretaker or has authority in regards to the Graveyard. Last year there was a group of people that mowed and cleaned up a grave yard from the 1700/1800's with out the permission of the Caretakers and they were fined $10000 for doing so with out permission. The caretakers thinking was that if it was overgrown and unmowed people would not know it would be there and therefor it would escape vandalism. Always get permission when it comes to Graveyards.
 

I have seen people metal detecting this grave yard right in the middle of town.
I never heard of a complaint.

Untitledjjj.jpg

Evil Spirits after you ? :icon_scratch: depends on you conscience & belief system.

We had the permission of the State archeologist in order to restore
this one

http://www.bettinger.com/cemetery/

so yes Even restoration needs permission from someone.

but if you plan on staying out of the cemetery I see no problem getting a yes from a caretaker
 

There is a place near me where there is an old cemetery right next to a new park. Between, there are some old trees that were likely planted for the cemetery visitors. The city bought the old church across the highway & turned it into something like a community center. Don't know if city bought the cemetery or the church still owns it. Not sure because the old church was Catholic & don't know if non-Catholics were buried there before or now. I think the church moved half a mile into a new building if that church is Catholic. The new church is on an 1800s fairground site, a big building with a very large asphalt lot. Not sure who/how I should ask about what. Best wishes, George (MN)
 

i have with permission and i even stated i would not go over graves your head stones,, and they said thanks for that reassurance but i did walk though and pick up all the trash and cans ,,,,, and that is when a met the PA Rambler doing pics and story's for his web site,,,happy hunting
 

There is alot of places to metal detect that are not questionable.. This is a simple question in my opinion.. Just stay away from these places and give them their due respect.. There is nothing in there that is going to be worth the trouble or the unwanted attention to this hobby. I say leave these places be and if you have to question wether you should be there or not chances are you should'nt.
 

In my opinion, this really is what you personally feel comfortable with..
Generally speaking I would not hunt a graveyard, but in the last 25 years I have in fact probably hunted 2 or 3 ...
with permission from the owners.
I personally don't think the dead care if you cart away their lost coins...
I think it's more of a personal preference like abortion.... some feel it's OK, most don't.. you know.. if you think you can do it and you feel comfortable with it, and you know that no one will care,
then let your conscience be your guide.
 

If the grave site in the middle of no where, go for it. Out site out of mind, people can't see you what can they say.
 

Here's something to think about.

A lot of cemeteries are owned by a private association. Then it's private property, and they can regulate what activities are possible and which aren't. Even if they have "public" ownership like a township, they do control what goes on there, and I can't think that MDing is an automatically permitted use.

I know a lot of sextons, and I can't think of any I'd ask about MDing.

I like Treasure Hunter's comment. This topic has the potential to give our hobby a very black eye.
 

FloridaHunter said:
Just say no. The average person who drives by is going to freak out. They and the police are not going to understand.
Click to expand...

I would think you run the risk of trying to convince police maybe over many hours in the hot-box you're not there to dig the gold out of the teeth of the residents. There are enough other places to hunt that we don't have to resort to graveyards.
 

A sore subject indeed....I think if people see you in a cemetary, they will assume the worse..(remember, you have a metal detector in one hand and shovel in the other)....we all do it...and nondetectorist are no different...I just would'nt want to put myself in that situation. I don't want bothered and then have it turn into a circus with people looking at me, then trying to ask why I'm doing what I'm doing..and then possibly have the Police show up...not worth it to me.....

Your day may go pretty sour...really quick.
 

I've got some around me here in MA that are 400+ years old and have a WICKED itch to detect JUST THE PERIMETER of them. I've decided that if I do it - AND THAT'S A BIG IF - I would go just prior to dawn in the summer (so I'd be out there around 4-4:30am) when nobody is likely to see me do it. But man... I wouldn't go ANYWHERE NEAR the interior... Just the perimeter.
 

My personal opinion, take it as it is I make no claim to agree with anyone.

I would detect it.

Carry a large bag with you and pick up EVERY piece of trash you come accross, wear a high vis vest, and remember to say thank you if you find anything cool.
 

also, your skill with a plug cutter should be, you know, like expert level.
 

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