Laws Governing Metal Detetecting

[artemis moon]

Does anyone have a good resource for finding laws pertaining to metal detecting in all states? I live in Illinois, and I don't know where to begin to look to see what the laws are out here and if they vary from county to county and town to town. Does anyone know where to look?

 

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[skullhunter.va]

you might want to try your local hobby shop or local md dealer there is a book that has every state-n- md law.I got one but cant think of the name of it -n-iam not around my area right now...

 

[Sandman]

the laws do vary from county to county, town to town and city to city. you need to specifically check the area you are detecting in.

http://fmdac.org/

Find your state on the right side of the page.

 

[CodyCat Borat]

In NYS they now charge $20.00 to get a license. Used to be free.
Now I detect without one.
If asked, I simply tell the cop I left it at home. Never a problem.
What we are doing is nothing more than a hobby and in my opinion no license should be required.
I see people at the beach all the time flying kites, surfing, boogie boarding, snorkeling, etc.
To these people, this is their hobby, and no license is required, so why single out the metal detectors?
just my opinion.
CCB

 

[Tom_in_CA]

I would ask: why would you think you can't detect in certain city or county parks/beaches? (barring obvious historical monuments) Just go. If someone has an issue, they're welcome to tell you. The minute you show up in some bureaucrat's office (be sure to have a shovel in your hand), their image will be geeks leaving messes. I detect all city and county parks here, and have not had a problem. Why is your hobby any different than someone using the swingsets, flying a kite, etc....?

 

[borninok]

Tom, I know that we have had this discussion before, and we probably will keep having it for years to come. So, pls forgive me if I rehash.

The U.S. is NOT the same on the East side as it is on the West. The Eastern half of the U.S. is extremely protective of their State/Federal/....and yes...LOCAL parks, schools, etc. Do they go overboard in protecting their parks? Absolutely...IMHO

The Western half of the U.S. is more lenient with regards to metal detecting. You need to keep this in mind when you give people "advice" like you do. While I know you have been around for awhile...you obviously have not been on the brunt end of expulsion from a park. You also obviously have not been faced with tickets/arrest at your beaches. YOUR beaches and parks are 1,000 times more easier to hunt. However, if I recall TT calling you down in a previous thread, you ALSO have beaches in California that you are not allowed to detect. So, pls don't muddle up the issue for other parts of the U.S. It is safer to know you can or cannot hunt an area, than to be on the wrong side...legally. I think Spez and others will say the same, especially Spez. Sandman provided a website for review. I use that same website. In the past, you have argued that it is better to hunt than to ascertain the legality of it. It is fruitless to try to convince you otherwise, so I won't try. But, I ask that you pls don't put others down just because they happen to ask a legitimate question. If you really think your method is the way to do it, then I encourage you to MD around here........and by the way, I'll be at the auction when they sell your detector.
This is in no way meant to put you down, Tom, but I cringe everytime you give out this "advice".

--Mel

borninok

 

[teverly]

You should always check before you detect..you will leave a worse image if you becaome a law breaker by trespassing.That makes all of us look bad.....thats when people want to start passing laws to keep us from detecting.
I am not sure what they are called out west but most of our towns that are larger have city admnistraters.They can usually tell you the laws for there particular city or town.If it is a smaller town try the police or the mayor.
So far i have never had any trouble in talking to people to find out the law..
GOOD LUCK AND HAPPY HUNTING!!!!

 

[Tom_in_CA]

Borninok, you say: "The Western half of the U.S. is more lenient with regards to metal detecting" On the contrary. I would say it may be more equal than you think. You must be thinking that if we show up at city halls here, that we would get more "yes's", than you east coast guys do? I don't think that's the case. I bet I would get a lot of "no's. (afterall, their image is geeks with shovels leaving messes)

I have been booted from a few parks, but I just take that to mean "just that one park", or "just avoid that one gardener", etc..."

Put it this way: let's say you go to a neighboring town in your state, to detect with a new fellow you just met. You guys agree to meet up at a certain park for that day's hunt. You ask your new friend "do you have permission to detect here?" And he says "gee, I never even thought about that. I mean, we've detected here for years, and it never occured to us we needed to ask. But don't worry, no one's ever said anything, and the gardener just gives us a friendly wave each day". So do you think "but that's not permission and I better go down to city hall just in casethere might be a law that my friend doesn't know about"?

You bring up an isolated stretch of federal beach in CA, where, yes, I too heard that they boot people. But the odd thing is, a few years back a fellow came on a CA forum saying he'd found a good beach, and was harvesting hundreds of coins, and some jewelry, as fast as he could dig. It was a long drive for him, and he just couldn't believe that the locales hadn't discovered this, and/or weren't working it. Naturally, he didn't divulge the name of the beach, because this had become his "secret spot". He went for several months, any day he chose, even crowded weekends etc.... One day, I got his confidence up, and he confided in me which beach it was: Stinson! Yup, the "illegal" beach. I told him "I thought that beach was off-limits?" He says "HUH? what do you mean?" Turns out he had no idea! Funny thing was, he was certain he had been detecting right in front of rangers (innocently not knowing there was anything amiss) and no one paid him any mind!

But I know how this mindset gets started: Some places, somewhere, somehow, are admittedly off-limits, or with a permit system. These stories get circulated fast, thanx to the modern internet world. So the newbie reading this thinks "aha, I wonder if there's any rules in my town. I better go ask!" Whereas if he'd have never heard of such things, he would have had no reason to think he might somehow be illegal. Such was the climate of things in the mid to late 1970s, before the advent of the FMDAC and before the internet. We just never had any reason to think otherwise, because afterall, the park is public right? It wasn't till the FMDAC mailers of the mid 1980s that we read about any such state problems or whatever. Then the snow-ball effect happens, as people start inquiring in their locales, where, previously, it was never even given second thought.

 

[borninok]

Tom, although the FDAC mailers MAY or MAY NOT have had anything to do with the enacting of laws against MDng....that is not the point. The point is that you continuously pass out "advice" that newbies in this hobby may take as gospel. It is NOT. I would venture to guess that 99.5% of the laws were enacted because of MDers who stole battlefield treasures, MDers who left huge holes in the ground, MDers who felt it was their "right" and not a priviledge. THAT, my friend, is the reason behind the laws. And, a good percentage of these anti-MDng ordinances/laws are already in the books, and have been for quite a few years. As such, it is our duty to know these laws/ordinances. The days of ignorance of the law went out the window in the 70s.

Like I said earlier, do I think they go overboard? ABSOLUTELY. But that is not the issue in this thread....and you know it. In this thread, a fellow MDer asked a simple question....and you turn it into another diatribe about how YOU feel. Tom, I hate to tell you this, but that was not the intent of Artemis Moon's question. I ask again...pls do not muddle the issue, ok? She asked a very simple question, a very simple website was recommended. Leave it at that, ok? This forum is FULL of threads regarding permission vs not getting permission. That was not AM's question intent...at least I don't believe it was.

And, Tom....you don't have to "show up at city halls".......many of the city/county ordinances and laws are on the city/county's websites. But, my friend, newcomers to this hobby don't know this...so they ask legitimate questions so as not to violate the law. Help educate them with this information, Tom...not with condemnations against asking questions. Ok?

Again, Tom, this is not an affront on you. I have learned a tremendous amount of information from this forum just by asking questions. MDers like Sandman, Spez, Sentinel and others have been gracious in helping to educate members, and they have done so w/o any condemnation or diatribes. Those are the people that I am happy for their willingness to impart knowledge.

As my pappy used to tell me, "The day you stop asking questions is the day you become an "expert". And when you become an "expert" at anything, you tend to close your mind to new ideas and possibilities. So, instead of being an ASSET, you just become an A$$."
--Mel

borninok

 

[Tom_in_CA]

borninok, fair enough. You say: "many of the city/county ordinances and laws are on the city/county's websites" If those websites are silent about md'ing, do you assume then that it is legal?

And what of my scenario where your newfound friend is detecting a park, that this never crossed his mind, yet he'd never been bothered? Do you stop the hunt, and research, or take his "never was bothered" history, and just hunt?

 

[borninok]

Tom,

Regarding your first: I think I answered that in another thread where you AGAIN gave your "xpert" advice to a fellow MDer asking about Oregon parks. There are some cities/towns/counties that post the prohibition on signs in parks. Sometimes, they are posted in the brochures that are from the Parks and Recreation Dept. And, sometimes, they are on their websites...either under the Parks/Recreation or under the City ordinances.

For example: Fairfax County, VA derives their jurisdictional statutes from the state law. In their parks/recreation brochures it spells it out that MDs are prohibited in the park...not just prohibiting using one, but also just having one. No other signs indicate same. Their website does however. This prohibition extends to all public parks, tot lots, etc in the county of Fairfax, VA.

Now, in Manassas, VA which is not under a county jurisdiction (they have their own city govt) ..of course the Manassas Battlefield is off limits. That's a no brainer. Federal. However, on the city's website under ordinances, metal detectors are prohibited on public land, i.e., parks, tot lots, schools, etc.

Regarding your second: I don't MD unless I know I have permission. Plain and simple. I check the local ordinances/laws/statutes...the whole scenario. You can categorize me as a geek, that's ok. But, I had one close call where I doggone near ended up losing my detector and getting arrested...all because I "thought" public parks were ok to detect.

NOW AGAIN, Tom, this may or may not be the case where you live. As I have told you before, you live in the "don't ask" area. Great! But, pls don't go putting ideas in people's heads that it is the norm for every jurisdiction. You blame asking questions as to the reason for the MDng laws. I adamantly disagree. As I stated before, it has been ABUSE of the metal detecting hobby/privilege that has enacted the causation of those laws.

Again, do they go overboard? Again and again, ABSOLUTELY. The situation that I cited earlier happened on a torn up soccer field, where it looked as if the entire U.S. had played soccer on that field. And, yet...I was booted and almost arrested because I didn't know the law. It wasn't posted anywhere............ahhhhh, except in the parks/recreation pamphlet.....and clearly stated in the county's website.

All I am saying, Tom, is that people should do their homework before MDng. If you are going to MD a 600 acre farm that you have been given permission to hunt...are you going to wander aimlessly with your detector? Or...would you do some research, find out where the boundary lines are, research the history behind the area. Heck, maybe there is a tale that Jesse James robbed a bank 5 miles up the road, and that it is rumored that he hid the money under an apple tree on that property. Wouldn't you research things out before trying to dig up 600 acres?

Again, Tom, THINK before you put your xpert advice for all to see. You may or may not be giving the right advice.

Now, again, the purpose of this thread was a simple question from Artemis Moon. Adhere to the question asked, ok? Thank you.

--Mel

borninok

 

[Tom_in_CA]

Borninok, still waiting for an answer: If a city's websites are silent on the issue of detecting, (and there are no signs posted), do you assume that that means it's legal?

 

[borninok]

Tom, in your haste to reply, you must have overlooked the obvious. Pls see above:

"Regarding your first: I think I answered that in another thread where you AGAIN gave your "xpert" advice to a fellow MDer asking about Oregon parks. There are some cities/towns/counties that post the prohibition on signs in parks. Sometimes, they are posted in the brochures that are from the Parks and Recreation Dept. And, sometimes, they are on their websites...either under the Parks/Recreation or under the City ordinances."

In other words, Tom, after you have done your research and have gained permission, then hunt. Otherwise....

Look, you will never convince me that your position on the issue is the correct method. And, I will never convince you that my position on the issue is the correct method. You have this thing in your postings that you want to prove something. Sorry that you can't see that these postings are not about you. Ok? Again, I reiterate....Artemis Moon asked a simple question. Obviously you feel compelled to debate this issue over and over and over and over, why I don't know. And your "issue" hasn't a doggone thing to do with AM's question. So, enuf is enuf, ok?
Thank you and goodbye.
Mel

borninok

 

[Tom_in_CA]

No, I am not overlooking your text, I am asking what do you do when the law is SILENT (ie.: says nothing)? I guess, since you go on with "and get permission", means that to know there are no laws in NOT enough? You have to go beyond that and get permission as well? Ok, you've answered my question (if that was what you are suggesting).

I could *possibly* understand checking with a city website, and not asking a live person (lest they morph something the think applies) But if were silent, I would take that as that! Why go further? If it's not specifically disalllowed, why do you go another notch up and "get permission"? I just don't get that part.

No, you are right, you will never convince me that there is something inherently wrong with this hobby. We can agree to check printed city code, and at least we've come half way on that part.

 

[borninok]

Agreed.

Now, I have to go...IT'S RAINING OUTSIDE...YIPPPPPPEEEEEEE FINALLY!!!
--Mel

borninok

 

[artemis moon]

I forgot all about this question until today. When I finally checked the responses, it seems as if I started a feud. Sorry! Didn't mean to do that.

I've been detecting a park with a very old house in it and having some success. There is a sign posted in the park that has rules listed: No playing golf, no walking dogs, etc. No mention of using metal detectors. To be on the safe side, I called the town police. They gave me the go ahead, but I could tell that the officer wasn't really sure and didn't feel like researching. I then called the parks and recreation department and was given a very emphatic "NO" response. The rationale being is that they want to "preserve the historical artifacts". I'm wondering why they are still in the ground if that's really the case. In any event, I'm now confused about who has the final say in this matter and was looking for what resources some of the more experienced members use. I'll check the suggested website and am interested to see what others have to say about my dilemma.

Now, Since I'm the one that asked the question, I'm going to be the one to put an end to the wrangling. Sometimes it's just better to agree to disagree. Let's all just get along!

 

[soar697877]

artemis moon ,

I understand your situation. I have had my share of "park dept director's", and aides, etc tell me conflicting information as well. You can view some of my recent experiences in my other posts like "king of the park", or "run in with police", etc.

Crazy thing about us MDers...we are usually pretty stern if we think we are in the right.

But there are so many people out there that really are uneducated about our hobby, and exactly how & what we do, that it makes it very difficult for us all.

In your case, the park director says "No", your town police say "yes". well, the police would be the enforcers of any law that the park stipulates to you, so you could just do it and then
if a park employee calls the cops, you have the name of the cop that told you yes, you should be ok I would think.

My local park dept sent me an email that said all other sports, hobbies, etc were allowed to dig in my parks here in the city, but MDers cannot do the same thing. Now how
redundant is that?

 

[Tom_in_CA]

Artemis, we had a situation like that in my town, where someone (a newbie who just moved to our town) took it upon himself to go down to city hall and ask if md'ing was allowed in our central park. They told him "no". So the newbie came to us oldtimers and says "why are you detecting in this park? I thought it was illegal?" We say "since when?", and he proceeds to tell us how he'd gone to city hall to ask.

What was wierd is, it had been detected for years prior, and has been detected ever since, and no one has ever said a thing. Yup, in full view of traffic, gardeners, etc... All I can figure is some bureaucrat at a desk gives the safe answer, when in fact, no one really cares (until you ask).

 

[soar697877]

and 95% of people in this forum probably would say it is better safe than sorry, Tom.
remember the old adage==== "Ignorance of the Law is no excuse" ?

 

[CodyCat Borat]

Artemis'
I would just go on with your detecting and have fun. Really, what are the chances somebody would stop and say something to you, and if they do simply tell them the signs didn't state no metal detecting.

[glow=red,2,300](Certainly if they didn't want you doing it,it would be posted.Right?)[/glow]

As far as I'm concerned the hobby should be for fun and relaxation, not worrying about breaking silly rules.

This is just my opinion so please no lectures from anybody who disagrees.
Thank you...
CCB