Detecting in a National Forest or park. Is it Legal?

[patpall22]

Hey All,

Is it legal to detect in A national forest or National park ( like campgrounds)? I keep reading different sides to its legality. My mothers property ends at the beginning of a national forest and Although I don't think I would find much, I would give it a shot if it was not against the law.

 

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[Korban]

I think it depends on which park it is. But i think national parks are usually off limits....

 

[ivan salis]

most national parks (fed property) is off limits to mding but always check cuz there are a few that might not be --- mining for gold is often allowed oddly but not metal detectors go figger --- Ivan

 

[EasyMoney]

National Forests and Parks are only legal to dig in if you have a WRITTEN permit from the National Forestry or National Parks Department. If you do not have a permit and are caught digging or probing you can have your personal items siezed, to include the horse you rode in on and the old yellar dawg that you brought with you. Operating a metal in them is legal though, as long as you are not disturbing animals or human beings, or the environment, and aren't digging or probing without the permit..

Get a permit, it's the only way to go. Also get a copy of the laws allowing it subject to your written permit. Don't do it without it being in writing, and keep the papers with you ALWAYS. Some cops don't know the laws.

 

[patpall22]

I think I get it. prospecting is legal and metal detecting is legal but you cannot dig in national forests without a permit. Is this right?

Thanks for the info but still a bit confused.

 

[PBK]

According to the National Park Service...



Can I use a metal detector to hunt for relics?

NO! Per 36 CFR 2.1(a)(7) it is prohibited and possession of a metal detector on park grounds is a felony.

36 CFR 2.1(a)(7) specifically prohibits the following:

Possessing or using a mineral or metal detector, magnetometer, side scan sonar, other metal detecting device, or subbottom profiler.

This paragraph does not apply to:

(i) A device broken down and stored or packed to prevent its use while in park areas.

(ii) Electronic equipment used primarily for the navigation and safe operation of boats and aircraft.

(iii) Mineral or metal detectors, magnetometers, or subbottom profilers used for authorized scientific, mining, or administrative activities.

 

[ivan salis]

the law is set up so that small timers can not metal detect on federal land --- but leaves open gold or mineral prospecting --with a permit that is --- -- that way say if a big "gold" or important mineral strike is found -- big money folks can get at it by getting permits for the area -- it sucks that "we the common everyday people" for who"s enjoyment these park lands were supposed set aside and paid for by public money and whos upkeep we pay for via taxes can not legally use a metal detector in them --- Ivan

 

[Tom_in_CA]

I was stopped by a ranger in Stanislaus National forest, at a campground that dated back to the 1920s. The ranger watched me for a minute, and says "you can't do that". After some idle chit-chat, he changed his stance and says "well, you're just looking for modern stuff, right?" At that point, I still hadn't found anything old, as I'd just started. So I said "yeah". He says "ok, you can do it, but if you find anything older than 50 yrs. old, you must turn it in to the ranger's station before you leave". He left, and I never saw him again.

That was the mid 1990s, so I'm not sure if anything's changed since then. If not, then it appears that you can do it, for modern losses, if the fellow was correct. At that point, it's up to you and your math skills

 

[EasyMoney]

It seems that we aren't the only ones ignorant of the law. I have had State troopers tell me it's ok to make noise in a National Park or State Park or State Forest or a National Forest with a metal detector as long as I don't dig. I've also had city policemen tell me it's ok to go into a Post Office with a gun as long as it's hidden when I have a permit, and displayed if I don't. Both are wrong, it is a felony to do so. It appears that they too didn't know the law. So far, I have elected to not go into Federally or State owned land to detect, unless I had a permit. Some parks are State owned, and I can obtain a legal written, pre-formed permit for said, but maybe even THEY don't know what they are talking about either. A National Forest permit could be a problem too then, but the law listed by PGK does not include Forests, only National Parks. A lot of people here in Oregon would be in for some real serious problems if it applies to State property and National Forests too, but if that is the ONLY law on the books then that would not apply.

This is what socialism and communism gets us into, state owned EVERYTHING, including us, and I certainly hope that people like Nancy Pelosi and Hilary Clinton start thinking about it too. Maybe they have. Maybe they enjoy it.

 

[Bigcypresshunter]

National Forests and Parks are only legal to dig in if you have a WRITTEN permit from the National Forestry or National Parks Department. If you do not have a permit and are caught digging or probing you can have your personal items siezed, to include the horse you rode in on and the old yellar dawg that you brought with you. Operating a metal in them is legal though, as long as you are not disturbing animals or human beings, or the environment, and aren't digging or probing without the permit..

Get a permit, it's the only way to go. Also get a copy of the laws allowing it subject to your written permit. Don't do it without it being in writing, and keep the papers with you ALWAYS. Some cops don't know the laws.

I don't think it will be easy obtaining this permit in a National Park (State Parks different) unless you are an archaeologist or college professor. Where you ever able to get a permit? There is a loophole that I found. It may be legal to search for one particular recently lost item. You may be allowed to use your detector at a campground, for instance, to find your recently lost watch or wedding band. You may not be allowed to dig for it though.

 

[Bigcypresshunter]

This is what socialism and communism gets us into, state owned EVERYTHING, including us, and I certainly hope that people like Nancy Pelosi and Hilary Clinton start thinking about it too. Maybe they have. Maybe they enjoy it.

I hear you, but if its not government owned, it will be PRIVATELY owned and access can/will be blocked completely.

 

[EasyMoney]

This is why I always suggest that people contact legal council. There could easily be exclusions or addendums to an existing statute or law. If in doubt, either go somewhere else or pay the big bucks for a lawyer. I do know that the law allows for a person who has reasonable and prudent cause, to commit an act and that if that governing agency gives him or her a writ to perform the act, that he or she is not guilty of liable, and that he or she is not bound by the existing law until by court order he or she is told to cease and desist of performing the act. Of course that also includes any preclusive other things too.

I think I'll just stay out of National Parks with my metal detector, or at least have them packed, batteries out of them, and put into a bag in a closet or a drawer in an RV somewhere, or locked in the trunk. I don't trust the government in the least lately. Nobody should, especially since we have the weak and lame piss-poor Congress we now have. The far-left loonies want to take metal detecting away from us, and keep us ALL out of the National Forests and State Forests period, detectors or not. The left has tried this on several occassions but we detectorists keep fighting it and frequently too. In Germany they they have succeeded though. The only thing you can do in a National Forest there, is to go for a walk.

 

[mgdigger]

I asked the forest service and this is what i got

USDA Forest Service Manual Direction (draft): "Metal Detector Use. Metal
detectors may be used on public lands in areas that do not contain or
would not reasonably be expected to contain archaeological or historical
resources. They must be used, however, for lawful purposes. Any act with
a metal detector that violates the proscriptions of the Archaeological
Resources Protection Act (ARPA) or any other law is prosecutable.
Normally, developed campgrounds, swimming beaches, and other developed
recreation sites are open to metal detecting unless there are heritage
resources present. In such cases, Forest Supervisors are authorized to
close these sites by posting notices in such sites."

 

[ivan salis]

basically put clad coin hunt ok -- however if your finding real cool old stuff over 50 years old or stuff worth $50 bucks in value turn it in -- the old 50 /50 rule ---50 years old or $50 bucxks in value --- it sucks in other words - clad hunting & cheap modern junk ==== boring ---- Ivan