Miners Petition to change 43CFR part 3809 & 36CFR part 228

[winners58]

Re: Petition for Rulemaking to Stop State-Law-Based Prohibitions of Mining

A formal petition to cut the states off at the knees where mining on federally controlled land is concerned.
This was supported by all your major mining orgs and submitted earlier today.
Many kudos to James Buchal who spent many hours on this for us on his own dime.

View attachment Miners' Petition 6-18-19 (1).pdf

 

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[Mad Machinist]

Good luck with that. This would require the States to re organize and abide by the Supremacy Clause in the Constitution. That is NEVER going to happen because of the big can of worms it will open. If the States recognize the Supremacy Clause for this, then it can be forced down there throats to recognize the Second Amendment as written. Alot of " dogooders" will basically have to sit down and shut up then.

 

[Clay Diggins]

Silly concept trying to change State law enforcement by means of federal agency regulation changes.

You have a State legislature. If you want to change State laws that is the proper, and only constitutional, path to do it. Trying to do an end run around existing law by changing regulations fails every time.

If the regulations were changed the first lawsuit would shoot those regulations down very quickly. Appealing that loss would be futile and expensive. You could call this effort another full employment bill for lawyers. I see one particular lawyer has already lined up for that payoff.

Heavy Pans

 

[Bejay]

My son-in law is the Colonel for the Utah Hwy Patrol. I have talked to him at great length with the issue of States passing laws that end up getting challenged in Federal Courts because the State Legislative bodies fail to abide by the overriding Fed laws. He says it happens often and the State ends up having to "throw out" or "modify" their law(s) to meet the superseding Federal legality. State Legislators are not the most intelligent group of individuals around. In most cases the legislative body relies on their state's legal power. But in Oregon we saw where the Governor asked for a legal opinion pertaining to the shut down of dredging (motorized mining) and his DOJ advised him that it was not legal to do it; but a fellow political alum in the DOJ told the Governor: "Do It anyway" and we can keep the miners out of the creeks/rivers because we have the "attorney power" to keep it in the courts.

In all cases pertaining to the mining issues "all" the attorneys end up getting the gold.

Bejay

 

[Johnnybravo300]

Yep waste of time there. If a petition is the best they can think of better get new advisors.
It will end up in the trash with all the mass emails and letters you guys send.

Now organize 1000 dredges on the river with miners willing to stand up and say come get us, they cant ignore that. That's what it will take.
Have the county sheriff there as an official witness to anything that happens, then let it happen.

It's going to take you guys physically securing your rights to do this and nothing less.

 

[wildminer]

Yep waste of time there. If a petition is the best they can think of better get new advisors.
It will end up in the trash with all the mass emails and letters you guys send.

Now organize 1000 dredges on the river with miners willing to stand up and say come get us, they cant ignore that. That's what it will take.
Have the county sheriff there as an official witness to anything that happens, then let it happen.

It's going to take you guys physically securing your rights to do this and nothing less.

You are probably right, Johnny. Our rights are being trampled on in Oregon with this emergency clause BS that the legislature and governor are using to pass bills in Oregon, including the anti mining laws. This effectively stops the referendum process allowing no public discussion or recourse to put these bills to a vote on the ballot. Why not use civil disobedience to stand up to the lack of respect by our masters?

 

[Bejay]

Yep waste of time there. If a petition is the best they can think of better get new advisors.
It will end up in the trash with all the mass emails and letters you guys send.

Now organize 1000 dredges on the river with miners willing to stand up and say come get us, they cant ignore that. That's what it will take.
Have the county sheriff there as an official witness to anything that happens, then let it happen.

It's going to take you guys physically securing your rights to do this and nothing less.

There was the Calif case where a miner (dredger) kept working under "protest". He was caught and taken to court where he was told by the court to cease his activity;... but "protesting" is a right "forgiven".

Organized "protesting" gains a lot of momentum pertaining to an issue and the "News Media" jumps at the chance to tell about it. We in Oregon can remember the "tree huggers" getting all the media.

Bejay