National Forests allow metal detecting?

[Bigcypresshunter]

This is the message I got back from the national forest by me:



"It's OK to surface collect gems and fossils, but digging for them is
not
recommended.

Metal detecting is not allowed because most places that would be
impacted
are historical and archaeological sites protected by federal law from
any
disturbance."

This pretty much sums it up.

 

[TerryC]

Detecting in the Stanislaus Natl Forest is ok. Last spring, I was told by the Hathaway Pines (CA) ranger to "go for it". She also suggested I go armed as it was cubbing season and mama bears would be aggressive. Neat! TTC

 

[Tom_in_CA]

Detecting in the Stanislaus Natl Forest is ok. Last spring, I was told by the Hathaway Pines (CA) ranger to "go for it". She also suggested I go armed as it was cubbing season and mama bears would be aggressive. Neat! TTC

Hi Terry. Back in the early 1990s, I too was detecting in the Stanislaus national forest, at a CCC era campground. A forest service truck drove past me, and slowed to stop and look at me. He rolled down his window and said "you can't be doing that". So I walked over to him, and struck up casual conversation. He then changed his tune to "you can detect, but if you find any coins over 50 yrs. old, you need to turn them in to the ranger station". He then drove off.

Actually, you too might have gotten a "yes", but others will come on forums and threads saying they got a "no". So it depends on how you ask the question, what the mood of the person is, whether they really know or care, etc... Because ...... sure ANY OF US can fetch a "NO" at even the most INNOCUOUS of city sandoxes, if we asked with the right combination of buzz-words. You know, like be sure to mention "dig" and "cultural resource" and "indian bones" and so forth, and I bet even that person you asked would say "no".

Thus I do not put myself at the arbitrary whims of desk-bound bureaucrats. If I feel skittish about any particular site (which I don't often feel skittish, but if I were ....) I would look it up myself. If I don't see anything SPECIFICALLY saying "no metal detectors", then for me, that's my answer.

 

[TerryC]

Tom, It is my nature to get to know the people and agencies around me. I have a very positive relationship with those there and the BLR at highway 49. It helps alot and straight scoop is always forthcoming from people you know well. TTC

 

[N.J.THer]

I would be very careful and although there are some very smart people on T-Net I would do your own research for the specific forest you want to hunt.

The federal rangers aren't going to say 'Oh Mr. Treasure on T-Net said it was okay so just go ahead and detect'...lol. Like mentioned above if it is not allowed they can take your equipment, car, fine you and throw you in jail. Just not worth the risk.

Good luck
NJ

 

[Tom_in_CA]

reply

.... I would do your own research for the specific forest you want to hunt.....

Sure. And to clarify, "doing ones own research" is not to be interpretted as "go ask permission" or "go ask can I?" etc.... Doing ones own research can be looking up the laws for onseself. If there is nothing there that specifically says "no metal detecting", then presto, there's one's answer

 

[TerryC]

Sure. And to clarify, "doing ones own research" is not to be interpretted as "go ask permission" or "go ask can I?" etc.... Doing ones own research can be looking up the laws for onseself. If there is nothing there that specifically says "no metal detecting", then presto, there's one's answer

Just to add... the BLM law specifically states, in writing, that detecting is allowed on BLM land. Must have been a lawsuit awhile back. Barbara at the BLR (Bureau of Land Reclaimation) made it clear that detecting is not allowed on BLR land. TTC

 

[Treasure_Hunter]

Each state is different, search the law for
where you want to hunt, that does not mean call someone on the phone, do your own research for the laws, when you find it print it out and carry it with you.

 

[Bigcypresshunter]

Keep in mind that ignorance of the law is no excuse. Just because you have gotten away with it in the past or someone in charge said its OK with them, does not necessarily mean its not illegal. Try telling the judge that someone on the phone said it was OK or that a Park Ranger drove by and didnt say anything and or you have done it many times before and no one stopped you.

 

[Bigcypresshunter]

Like mentioned above if it is not allowed they can take your equipment, car, fine you and throw you in jail. Just not worth the risk.

Good luck
NJ

I agree and if illegal, its most likely a felony.

 

[Tom_in_CA]

Keep in mind that ignorance of the law is no excuse. Just because you have gotten away with it in the past or someone in charge said its OK with them, does not necessarily mean its not illegal. Try telling the judge that someone on the phone said it was OK or that a Park Ranger drove by and didnt say anything and or you have done it many times before and no one stopped you.

Bigcypresshunter, if "someone in charge said it's ok with them", then I digress from your post. If "someone in charge" tells me it's ok, then that become their problem. And .... yes ......... that works with a judge, etc... (how can you argue with a "yes" from someone "in authority"?). If they are wrong, then why is that MY problem? The worst then, that would happen, is you would be appraised (and that authority would be corrected), and so what??

And all this talk of "Judges" "felonies", "confiscations of cars", "fines", "jail", etc.... PLEASE PLEASE PLEASE tell me of ANY such incident where it was allowed by "someone in authority" that any such thing happened, and I will send you a crisp $100 bill.

 

[Bigcypresshunter]

Bigcypresshunter, if "someone in charge said it's ok with them", then I digress from your post. If "someone in charge" tells me it's ok, then that become their problem. And .... yes ......... that works with a judge, etc... (how can you argue with a "yes" from someone "in authority"?). If they are wrong, then why is that MY problem? The worst then, that would happen, is you would be appraised (and that authority would be corrected), and so what??

And all this talk of "Judges" "felonies", "confiscations of cars", "fines", "jail", etc.... PLEASE PLEASE PLEASE tell me of ANY such incident where it was allowed by "someone in authority" that any such thing happened, and I will send you a crisp $100 bill.

"Someone in charge" covers a wide range of people. And how do you know what they will say in court? Tom, if you want to metal detect on Federal land with verbal permission from a caretaker, camp host, maintenence man, lady on the phone or even local police or park ranger looking the other way, then go ahead. Im just saying that even a park ranger may not know the law and its your responsibility to know. Metal detecting in a National Park is a felony. I dont know about National Forests. I cant give you an example because I dont metal detect on Federal land. However I know of detectorists that have been arrested.

I would need something in writing before I ever consider detecting on Federal land in Florida. But thats just me and you are entitled to your beliefs.

ADDED: It seems that all states are different in the interpretation of Federal metal detecting laws. Advice from members in Florida or New Mexico may not be the same for California or West Virginia. http://www.metaldetectinghobby.com/using_metal_detectors_in_parks.html

 

[Bigcypresshunter]

I did a quick search using key words "national park", "felony" and "metal detecting" and I found this informative site. Check it out.
http://www.mdhtalk.org/articles/certification-program/MD-102.pdf

 

[Bigcypresshunter]

Here you go Tom. Metal Detecting in National Parks is a Felony. You may want to read up on National Forests. Myself, Im just not interested.

 

[Tom_in_CA]

Big-cypress-hunter, I don't doubt that certain places disallow detecting ( ft. Knox, shiloh, ghettysburg, etc...). I was just catching on to the assertion that someone could be arrested blah blah EVEN when they had permission from someone in authority . Seems to me that sure .... you're "permission" might be over-ridden , but no , not that other long list of ills given here. Unless you persisted, despite the new information.

 

[Bigcypresshunter]

Big-cypress-hunter, I don't doubt that certain places disallow detecting ( ft. Knox, shiloh, ghettysburg, etc...). I was just catching on to the assertion that someone could be arrested blah blah EVEN when they had permission from someone in authority . Seems to me that sure .... you're "permission" might be over-ridden , but no , not that other long list of ills given here. Unless you persisted, despite the new information.

Are you serious? Its not just Ft, Knox, Shiloh and Gettysburg. The law clearly covers EVERY National Park, Monument and Seashore not just "certain places".

But like I said, I didnt read the section on National Forests.

As far as verbal permission, I would have to have it in writing and I doubt that a written permission would ever be granted unless you work with an archaeologist.

 

[Tom_in_CA]

I'm not disputing any such areas that have actual rules. Forget whether or not a "rule exists", for a minute, at any place, anywhere. The part I'm addressing is when "someone in authority" tells you "go ahead" (and sure, get it in writing, or record it with your voice-recorder as you chat with them on your android phone). Because for sake of discussion, there is NO SHORTAGE of persons on forums, who will advise us all to "go ask if you can detect" (for parks, schools, forests, beaches, or wherever). Presumably you would "ask", because ........ doh ... you don't know yet whether an actual rule exists or not (lest why would you be asking, if you didn't know). And thus if a "person in authority" says "you can detect", then at that point, ...... you're merely going by the authority of that person (assuming, as I say, they have the authority, whether or not they are mistaken or not, becomes their problem). You can be appraised thereafter (if someone wishes to over-ride that "yes"), but no, you will not "be arrested" "fined", etc.... if you acted in good faith on the authority of someone who was duly vested and appointed with answering the very question you posed.

 

[Tom_in_CA]

Oh, and by the way, we're not talking about a situation like, where if a nut-case "authority" said "it's ok to kill someone", etc... Ie.: I'm not saying that in that case, that if I "killed someone" and said "but so & so park ranger said it was ok", that I'd be "off the hook". Because in that case, there is an over-riding all encompassing law, at every level, everywhere, that murder is always wrong. Contrast to metal detecting, and it is quite common that rules differ everywhere. Metal detecting goes on all the time, at a myriad of public places, so there is no reason to think that "someone should have known". It would be quite common for people here to ask "can I metal detect?". So since rules do differ on this subject, there is no analogy to murder, or whatever.

 

[kuger]

If you are in gold bearing areas make certain you are not detecting on an active mine claim,Claim Jumping is not taken lightly even if you arent "looking",for precious minerals

 

[calisdad]

Here in the Stanislaus NF I was told I couldn't KEEP anything older than 50 years. I was even directed to a homestead site by a ranger. Archies have a different attitude. National PARKS are a different animal. YMMV. Inquire locally.