Threatened with arrest!

[Rawhide]

Well you can either be right or be happy. As the river bank is a neglected place that tends to grow weeds and collect trash. I am surprised you were even approached. You may have a issue here as the Army Corps of Engineers may have jurisdiction. If that is the truth, you will soon loose your gathering spot. But I would do what you did. Life is too short to spend it talking to stupid people.

 

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[Boatlode]

I don't need the hassel.

And that is exactly why the government is running roughshod over our rights. Because nobody wants to stand up to them.

 

[bzbadger]

Thank you Boatlode, my point exactly. Rights are not given that's the whole concept of the word..you don't give rights you give permission, rights are something we already have and are not to be taken away but they will be if we don't stand up for our rights. Example guns..we have the bill of rights showing this but yet we have a bunch of tree hugging, if we just hold hands rainbows will appear leftists out there that think they can take that right away and if we don't stand up to them and possibly cut their tree down and make a baseball bat out of it to get our point across they might succeed. Sorry I im just tired of good people having to deal with jerks who want is to swallow all their nasty nonsense but not wanting it to be a two way street. If we stand up for our rights we are either labeled an right wing nut, a homophobe, islamaphobe( being phobic means being scared and I've yet to be scared of a gay or a Muslim) a racist etc. Seriously where does it end, how it ends is us not worrying about the labels and stand up with pride for who we.are.and what we do. There needs to be a group like the NRA but for detecting so we can fight the stupid laws.

 

[VernonWalter]

Being a very attractive male individual, I sometimes fear that an aggressive individual may be using the metal detector as a pretense to get close to me so they can sexually assault me, so that's why I always hose them down with pepper spray first and then figure out if they have a valid point or not.

 

[Dave Rishar]

Well look at the word "rights" meaning just, lawful, fair,moral, proper and equal. So by the meaning is having equal to, morally true and lawful and that means yes we have a right to metal detect. We have a right to walk, talk etc so tell me how by digging a hole in dirt we are talking DIRT here a crime..

It depends on the area, doesn't it? I have the right to operate a motorized vehicle on my own property, but I'm required to maintain a license and insurance to do it on public property. Thus, driving in public is not a right - it's a privelege, and like all priveleges, it can be (and sometimes is) taken away.

Likewise, metal detecting is only a right on your own property. It's not a right on public property and it's certainly not a right on private property. Just because it hasn't been banned doesn't mean that we're entitled to it. Like the example above regarding the operation of a motor vehicle, the ability to metal detect can (and often is) outlawed in certain locations.

im not saying break out the back hoe and dig a pool sized hole. If we keep walking on eggshells for people who get their granny panties in a knot because we are doing something that hurts NOBODY then our hobby will be shut down. I think its absolutely stupid to allow the crybabies to run the show. I believe in following rules but not anal retentive rules made up to satisfy a person who just likes to complain. We have rights and it is time we stood up for them. We pay taxes so why can't we have a say about the dang land that we pay for, of I can't be on land that I pay for then why do I have to pay for it that's just dumb.

Go stir things up then. But remember that we as detectorists represent a very small portion of the population, and that politicians seldom listen to small populations. It's easy to find stories about governments enacting metal detecting bans, but it's much more difficult to find stories of such bans being lifted later. Also remember that the actions of one can affect others. The places around here where metal detecting is no longer allowed were not my doing, but they remain my problem. So do as you will, but remember - you were warned.

I sincerely wish you the best.

 

[Red James Cash]

Is metal detecting a right?

Why yes it is,read the declaration of independence.

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness"

 

[MuckyBottles]

If that clown pulled that crap around here, especially with me..well he would be late to Mary lou's supper. I hate people who have to over compensate for what they don't have..

 

[MuckyBottles]

About the rights aspect, I don't know if we are covered, but I know for a fact there is anti - harassment laws for hunters and fisherman, to protect us from the bleeding heart fuzzy bunny club, properly known as groups such as PETA and their spineless ilk.

 

[Dave Rishar]

Why yes it is,read the declaration of independence.

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness"

I am aware of this document, believe it or not. Unfortunately, lines must be drawn.

The issue at hand is public property; private property is a no-brainer. But public property is owned by the public, and the public (through elected officials) establishes the rules under which it may be used by the individual. The reason that we do this is so that my use of it does not infringe upon your rights to use it. As an example, suppose that I began dumping trash and broken appliances at the local park. I'd argue that because I own it, and I'm free to live and pursue my happiness, I'm within my rights to do so. You'd argue (rightfully so) that my doing this is now infringing upon your rights, and I shouldn't be allowed to do this. Thus, we've established that in any society, even rights have limits on them - limits established by respecting the rights of others. As they say, my right to throw a punch ends at your nose.

So back to what I was saying earlier, is escalating a confrontation worth the possibility of having the law changed? I look at it very much like riding a motorcycle: I may have the right of way over that SUV that's going to collide with me, but being on the right side of the law is not going to save my life when we eventually occupy the same position. By getting out of the way, I didn't relinquish my rights...I merely made a decision to back off due to the events that were unfolding. The SUV driver was certainly wrong, but I wasn't willing to collide with it in order to assert myself.

This takes us back to the beginning: is metal detecting a right? On your own property, sure. On someone else's property - including the public's - no, it is not, and that's how it can be banned.

Some may look at this as having a flippant view of the foundational principles of this country, but I don't see it that way at all. To quote Sun Tzu on the subject, "For to win 100 victories in 100 battles is not the acme of skill. To subdue the enemy without fighting is the acme of skill." I can force the issue and probably win the battle, but I risk losing the war so to speak. Or, I can adapt and get what I want without any confrontation whatsoever. I go home with the goodies and Mr. or Ms. Busybody goes home thinking that they sure showed me a thing or two. The only difference at the end of the day was that I got what I wanted, but they didn't, even though they thought that they did. I'm confident enough in myself to let someone walk away thinking that they got over on me, particularly when they actually didn't. After all, I got what I wanted in the end, right?

Does this make sense?

 

[Treasure_Hunter]

We have as much right to detect as people do to walk in a park, throw a Frisbee, play football, kick a soccer bay, play with your dog, play badminton, volleyball or anything else people do in a park...

 

[Davers]

Well Some People Have To B#$%H at someone everyday or they wont feel Right.

IMO You did the Right Thing.

Davers

Nosy ' Empowered ' Neighbors Are the Worst.
Davers

 

[CincinnatiKid]

In this case, metal detecting IS allowed. Retrieving the the target by Digging was the issue Mr. Hater had. He stated we could indeed "sweep" the ground w our detectors, but if we continued to Dig, he would have us arrested.
I'm still looking into this...
Peace

 

[FritoBandido]

I have been detecting that flood wall for over 35 years. Over the years I had Newport police officers come up to me and ask what kind of detector I was using. If that ol Boy gave me that line of BS, I would tell him to kiss my fat hairy butt.

 

[Red James Cash]

suppose that I began dumping trash and broken appliances at the local park. I'd argue that because I own it, and I'm free to live and pursue my happiness, I'm within my rights to do so.

No youre not,youre wrong.That would be breaking the law,littering,illegal dumping.Life liberty and the pursuit of happiness doesnt include breaking the law.

I look at it very much like riding a motorcycle: I may have the right of way over that SUV that's going to collide with me,

Motorcycles do not have right of way over an automobile as automobiles dont have the right of way over trucks.What country are you from?

Does this make sense?

No it doesnt.I'll metal detect on public land when I want to metal detect,not when somebody else lets me.

 

[gleaner1]

You can only dig the finely mowed and manicured grounds of the public park if you can. And, luckily, most people can. A lot of folks hate metal detectors. More than you might at first imagine, if you gave it a second's thought.

 

[Dave Rishar]

We have as much right to detect as people do to walk in a park, throw a Frisbee, play football, kick a soccer bay, play with your dog, play badminton, volleyball or anything else people do in a park...

Any of which can be banned on land that's owned by the public, and has been - ergo, not a right.

I don't think it's the detection that people have a problem with though. I suspect that it's the digging part that they don't like. Look closely at your local laws regarding the useage of parks. Ours have a clause about modifying, digging, removing, et cetera, and I'll bet that yours do too, as it's a very common thing. Does this apply to metal detecting? Not if you don't give anyone a reason to make it apply, no. I strive not to give them that reason. Others have differing opinions on the issue.

 

[Dave Rishar]

No youre not,youre wrong.That would be breaking the law,littering,illegal dumping.Life liberty and the pursuit of happiness doesnt include breaking the law.

And what is that oh-so-sacred law based on? Did you read my post? Once again, I could argue that because I'm a part owner of that land, I can dump trash there. You could argue (and again, rightfully so) that this impacts your right to enjoy that land, and a law is passed to prevent me from dumping trash on it.

Consider that last bit carefully, as some folks don't like seeing people digging up lawns. If they have enough free time to argue with a metal detectorist about what they're doing, they have enough time to write letters to officials and attend city council meetings. Just keep that in mind when you're demonstrating your rights. (And again, they're not rights outside of your own land. If they were, I'd be able to dump trash because that's what makes ME happy and we're all free to do what makes us happy on public land. Do you see how that idea doesn't actually work in practice?)

Motorcycles do not have right of way over an automobile as automobiles dont have the right of way over trucks.What country are you from?

But it's the law. You just said that that was important. If I'm in a lane and someone else blows through a yield sign to take my spot, they broke the law, not me. I had the right of way, but now I'm dead because I didn't give up my spot for them.

No it doesnt.I'll metal detect on public land when I want to metal detect,not when somebody else lets me.

The front lawn of the White House is public property. Do you metal detect there? Ought to be some great stuff actually. I'd love to find one of the casings from Lincoln's test of the Spencer carbine.

 

[MuckyBottles]

And what is that oh-so-sacred law based on? Did you read my post? Once again, I could argue that because I'm a part owner of that land, I can dump trash there. You could argue (and again, rightfully so) that this impacts your right to enjoy that land, and a law is passed to prevent me from dumping trash on it.

Consider that last bit carefully, as some folks don't like seeing people digging up lawns. If they have enough free time to argue with a metal detectorist about what they're doing, they have enough time to write letters to officials and attend city council meetings. Just keep that in mind when you're demonstrating your rights. (And again, they're not rights outside of your own land. If they were, I'd be able to dump trash because that's what makes ME happy and we're all free to do what makes us happy on public land. Do you see how that idea doesn't actually work in practice?)



But it's the law. You just said that that was important. If I'm in a lane and someone else blows through a yield sign to take my spot, they broke the law, not me. I had the right of way, but now I'm dead because I didn't give up my spot for them.



The front lawn of the White House is public property. Do you metal detect there? Ought to be some great stuff actually. I'd love to find one of the casings from Lincoln's test of the Spencer carbine.

Please look up Riparian rights laws, depending on the distance from the waters he was and if the water is considered navigable, he pretty much can dig away. Since most states have listed in their riparian rights laws, that the banks of navigable waters are open for the public for recreational purposes.
I have gone to court and public hearings with the state and feds regarding this issue. If people actually studied up and knew what rights they have, it would benefit us all.
At another time I will tell you a story about me, my machine, the banks of the hudson and a self pretentious land owner. In court, I won.

 

[bzbadger]

I was only stating that our rights as metal detectorists are equal to others rights. I have a right to walk and swing a detector and dig a hole as long as there isn't a law stating I can't and even then some of those laws are forcing something on us that was put into place by someone who had nothing more to do than ***** and moan. I have seen anal retentive people get all upset about a hole being dug while they themselves walk their little rat dogs who drop turds everywhere, and until they had a cop there to show them the grass was really weeds, the holes could be found yet their dog's turds could did that person shut up. I'm not saying have a riot planned and we all march on Washington waving our detectors in the air, just stand up to those people who look down their noses at us and think they can bully is around with idle threats. Most of these people can be called if we explain things, others can be shut up with a little intimidating and others need help from an officer who will tell them how wrong they are.

 

[Boatlode]

It's not a right on public property. Just because it hasn't been banned doesn't mean that we're entitled to it.

Go stir things up then. But remember that we as detectorists represent a very small portion of the population, and that politicians seldom listen to small populations.

If its public property it belongs to me as much as it does anyone else. My taxes pay for that land. And unless there are specific laws prohibiting it, yes, I have the right to use that property as I please.

You need to grow a pair, Dave. Instead of cowering in the dark, stand up and fight. Politicians listen to voters, so speak up and be heard. Haven't you ever heard 'the squeekiest wheel gets the oil'?