Where can you legally metal detect?

[Dwight Frye]

Im fairly new to MD, month. Just got ran off from a park. The park did not have it posted but said all parks have now out lawed them . So i suppose schools would also be the same. So just where can you? Im in Charlotte NC

 

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[jeff of pa]

your own yard.

Seriously though, Do some research find out if you were lied to.

If it's true , start asking permission at school offices, Churches,
Relatives & Friends houses, etc.
Hopefully you'll get some yes's

 

[cudamark]

Yup, do some research to see if there is something definite on the books about metal detecting and not just some catchall phrase that has been morphed into some vague interpretation by some government official. If it's just some "keep off the grass" statement, you may want to hunt in off hours or when the official who chased you isn't on duty. If there is truly something specific banning metal detecting, you may have to get together with other detectorists and present your case to the city council to overturn the ban. Just be prepared to demonstrate the fact that you're not doing damage and will keep the area in better shape than when you found it. An expert horticulturalist on your side will help in that arguement.

 

[Tom_in_CA]

reply

Im fairly new to MD, month. Just got ran off from a park. The park did not have it posted but said all parks have now out lawed them . So i suppose schools would also be the same. So just where can you? Im in Charlotte NC

I agree with cudamark, that even though someone says "scram" or "it's out-lawed", doesn't necessarily mean it is so. They maybe are thinking you'll hurt the earthworms, or leave holes, or some other such nonsense. Or maybe they were just in a bad mood. Who knows? I'm assuming it was a city owned park? Or is it a county or state or federal park? Or what? The way you find out if there REALLY is a rule in that city's park, is to look it up for yourself. City (or county or whatever) codes, laws, rules, charter, etc.... is available somewhere, for public viewing. Ie.: perhaps on their website. Or down at city hall in binder form on the front desk, etc.... You can even ask the front-desk-clerk: "where can a person view the city charter, laws, muni-codes, etc...?" (without mentioning metal detecting). Then once they direct you to that (perhaps at the library? Perhaps they'll pull it out for you to look through, etc...), then see if it's really there.

Because all-too-often, someone simply says "it's illegal" ONLY because they are morphing something else to apply. Usually the dreaded "alterations" or "defacement" type clauses, because they think you'll leave a mess. 'Cuz let's face it, there *is* the admitted connotation in our odd-hobby, that any busy-body can make assumptions about. That's why you need to be a little ... uh .... "discreet" in your timing ANYWHERE you hunt.

But if it's true, that this entity really did have a rule that said "no metal detecting", then here's how you find places you can "legally metal detect" in the future: As I said: you look it up. If there's nothing that says "no metal detecting", then presto, it's not prohibited. Now this is not to say that no one will ever question you, and everyone will roll-out-the-red-carpet for you. ANYone can gripe and make assumptions, if they want. You gotta have a tough skin in this hobby, and know how to pick low traffic times, don't be in the middle of deep retrievals when busy-body lookie-lous are around, etc...

 

[treasurehound]

Most city parks and schools are open to public and ok to hunt in. But there may be some city ordinance in your area that prohibits metal detecting. I have not heard to too many of those so I would double check with the city. Be sure stay out of state and national parks. You will get in trouble big time if caught there. If you need some places to go check with your friends and see if you can hunt some property they or their family own. I have never had a problem hunting city parks or schools. As a matter of fact I have had several police officers visit me while hunting. One even welcomed me to the park and another gave me a great tip on another location to hunt.

 

[vpnavy]

I searched google and found...N.C. Division of Parks & Recreation - Is metal detecting allowed in a state park? ...Metal detectors are not allowed in any park area except to locate lost personal property when authorized by a Special Activity Permit...

 

[TreasurePirate69]

Our local schools and some city parks are now off limits. But it doesn't appear to be posted anywhere in the regulations. Just an FYI for those who claim that you should check the regulations and just go if it is not posted. These people don't actually check the regulations themselves. They are just providing lip service to make it sound like they are concerned citizens that follow the rules. The reality is that many of these people have been caught up in lies out here talking out of both sides of their mouths. Some have been caught saying "I don't go if it is posted" in one thread and then turning around in another and say "I just ignore the sign and go when no one is around". So can you really trust anything they say?

Just trying to provide a balanced view since the "soap boxers" make it their life's work to jump all over threads like this to force their opinion upon others. It doesn't have to be specifically listed as illegal in order for you to get harassed and potentially charged. If there is anything in any of the rules about "disturbing park grounds" (which pretty much all parks have) then this can easily be interpreted as you breaking the law. As for schools, they are not considered "public access property" and never were. Most are getting very strict about who can be on school grounds and when. This does not have to be spelled out in a rule book somewhere. And just because a school doesn't decide to prosecute a family using the swing set doesn't mean they won't turn around and prosecute a metal detectorist detecting right under that very same swing set. The "I pay my taxes" argument doesn't work. Paying taxes does not entitle you to unlimited access to all facilities owned by the government. This includes schools.

Make up your own mind and take everything you read out here concerning permission with a grain of salt. Don't let the "soap boxers" force their belief systems on you. They do not have your best interests in mind. Just remember: metal detecting is not like throwing a Frisbee or walking a dog. It is not looked upon favorably by most people. That is the cold hard reality that we must deal with.

I've spoken my peace so I won't be following this thread for rebuttals so the "soap boxers" can save their breath. Or waste your breath, I really don't care either way.

 

[Tom_in_CA]

I searched google and found...N.C. Division of Parks & Recreation - Is metal detecting allowed in a state park? ...Metal detectors are not allowed in any park area except to locate lost personal property when authorized by a Special Activity Permit...

VPnavy, this is for state parks only. So it would have no bearing on city, county, and privately owned sites.

 

[Tom_in_CA]

... so I would double check with the city.

Yes, and the way to "doublecheck with the city", is to look it up for oneself.

 

[Tom_in_CA]

I've spoken my peace so I won't be following this thread for rebuttals so the "soap boxers" can save their breath. Or waste your breath, I really don't care either way.

Ok then, won't address the points on this then.

 

[Duffala]

I did a quick search in Charlotte city code.. I added a link below and was unable to find anything about metal detecting.. But go ahead and take a look for yourself. I lived in Charlotte near lake Wylie in 2007 and never had and issues.. Good Luck


Municode

 

[Dwight Frye]

The park was in Harrisburg NC and there wasn't a sign saying no . It was the grounds keeper . Then at a park in Charlotte I was told it was prohibited by a nice ranger . No signs were posted and he could not find the prohibitiin in his paper work so he let me . Damn I did not know it was going to be this hard finding places . So much for individual rights and being a tax payer . I guess the state isms everything and we are just slaves like I always said . I just started and like this hobby but may vibe it up if no place to hunt . I don't suppose he would have liked it that I was carrying concelled . Lol I guess I will just go and break the Damn law .

 

[Dwight Frye]

Also looking for a pro who can help me out and teach me pointers . In the charlotte area .

 

[vpnavy]

Dwight Frye - the Metal Detecting Association of the Carolinas lists Charles Jones of Charlotte, NC as a contact person. He lives in your city - you might consider giving him a call. My goodness - he should be able to answer all your questions that relate to where you can hunt...

 

[cudamark]

Our local schools and some city parks are now off limits. But it doesn't appear to be posted anywhere in the regulations. Just an FYI for those who claim that you should check the regulations and just go if it is not posted. These people don't actually check the regulations themselves. They are just providing lip service to make it sound like they are concerned citizens that follow the rules. The reality is that many of these people have been caught up in lies out here talking out of both sides of their mouths. Some have been caught saying "I don't go if it is posted" in one thread and then turning around in another and say "I just ignore the sign and go when no one is around". So can you really trust anything they say?

Just trying to provide a balanced view since the "soap boxers" make it their life's work to jump all over threads like this to force their opinion upon others. It doesn't have to be specifically listed as illegal in order for you to get harassed and potentially charged. If there is anything in any of the rules about "disturbing park grounds" (which pretty much all parks have) then this can easily be interpreted as you breaking the law. As for schools, they are not considered "public access property" and never were. Most are getting very strict about who can be on school grounds and when. This does not have to be spelled out in a rule book somewhere. And just because a school doesn't decide to prosecute a family using the swing set doesn't mean they won't turn around and prosecute a metal detectorist detecting right under that very same swing set. The "I pay my taxes" argument doesn't work. Paying taxes does not entitle you to unlimited access to all facilities owned by the government. This includes schools.

Make up your own mind and take everything you read out here concerning permission with a grain of salt. Don't let the "soap boxers" force their belief systems on you. They do not have your best interests in mind. Just remember: metal detecting is not like throwing a Frisbee or walking a dog. It is not looked upon favorably by most people. That is the cold hard reality that we must deal with.

I've spoken my peace so I won't be following this thread for rebuttals so the "soap boxers" can save their breath. Or waste your breath, I really don't care either way.

If Tom won't, I will. Nobody is suggesting that if a No Metal Detecting sign is posted that you ignore it and detect anyway. The gray area is when there is NO sign but things on the books that can be twisted into regulating our hobby. If you know others that have been hassled in a particular area, you'll have to decide for yourself if it's worth the trouble. If it is, do it at off times when no one is around to complain. I've never heard of anyone being prosecuted for metal detecting when there isn't a specific metal detecting statute on the books. If they bend the rules to include it, they just give you a warning or kick you out. If I'm a "soap boxer", so be it. I presume my interests are the same as yours.......to keep parks, schools, etc open to us metal detectorists. If you think sending you to jail by giving you false info helps in that matter, you need to think again.

 

[Dwight Frye]

I had already sent him a email . Lol Just trying to decide if thus a hobby that like all rights are being taken . Before I drop more money . Don't want to have to drive all over the place .

 

[Dwight Frye]

Public parks are not public I guess . Now if you are making a mess then I could see it . Hell in the sand pits I'm cleaning out trash . Things children could step on . Maybe I can start a business protecting the kiddes . Lol

 

[Tom_in_CA]

Dwight Frye, there is the harsh-cruel reality that detecting is an eye-magnet, for curious on-lookers. No getting around that. LOTS of people see us, and think "wow, I wonder if he's finding anything" and "gee, how deep does it go" and "what's the best thing you've ever found" and "gee, I wonder if he'll leave holes" and so forth. Everyone wants to know what the "man with the geiger-counter-thingy" is doing. I mean, put yourself in their shoes. We're in an admittedly odd hobby. No amount of "getting permission" changes that. If ANYTHING, thinking you need to ask permission JUST PERPETUATES and FURTHERS that notion, that it's something dangerous, or risky, etc... that you "needed permission" to begin with (lest why would you be asking, if it were inherently harmless?) This is not subconsciously lost on the person you are asking, so .... guess what the easy answer is going to be?

Thus I hate to say it, but this hobby is a little like nose-picking. Nothing *technically* illegal about nose-picking, but ...... if you did it on the corner of Main and 4th St. long enough, then sure, someone could morph something and say you were being an "annoyance" or that you need a parade permit for "demonstrations", or whatever. Thus, just like nose-picking, you learn to be .... uh .... a little discreet in your timing. I've gotten to where I hunt parks at the most low-trafficked times (even at night!). NOT because I think there's necessarily any rule forbidding detecting, but JUST so that no one comes up and morphs something else to apply, or objects, etc....

And just to be clear, I don't doubt that if someone got permission (a "yes") from a city-hall somewhere that ..... yes, there are probably times where that "permission" did and could indeed deflect a busy-body. Ie.: you merely whip out your "permission", and the gardener or cop slinks away and apologizes. There *could* be examples of that happening. But there is also the risk (and the greater risk in my opinion), of either of the following 2 things happening: a) that you get a "no", simply because you asked, and you'd have been ignored if you'd just gone, or b) that you get a "yes", only to get it promptly revoked the minute the gardener or cop gets on his cell-phone, calls down to city hall, and says ".... but he's tearing the place up" (even though that's not true).

So, I wish the red carpets were rolled out wherever we go. And I wish there were neon signs saying "detecting and digging welcome here". But alas, it's simply not going to happen. If someone is that skittish and worried that everyone might not love them and their hobby, then ...... alas, I fear they have chosen the wrong hobby.

 

[Dwight Frye]

Well I just started , and I do go at off times . I have been there three times before . I do not see the harm myself . He said they tear up the field . I said I don't do playing fields . I fill my plugs which will disapear after it rains of course . I'm going to check to see if he's full of **** . I wonder if nothing is on the books and they ask you to leave and you refuse , what happens

 

[Tom_in_CA]

... I wonder if nothing is on the books and they ask you to leave and you refuse , what happens

Ah, excellent legal question. Here's the scoop: There is nothing to stop a "duly appointed public official" from making a judgement call that you are afoul of some law (even if not "specific"). And then yes, their superiors will usually side with them, if it came up for appeals, etc... . Because you see Dwight, some laws are PURPOSEFULLY written vaguely, so as to as to apply to a myriad of circumstances that may arise in the field. In other words, it's impossible to truly list every-single-thing that is "illegal". That's why there's vague laws that .... for example .... forbid "annoyances" or "disturbances", and so forth. Then officer (or any public worker) can do his job, when odd-ball things arise. I mean, if it WASN'T that way, then society would all into chaos, and people would be forever debating cops about semantics, in the field. There HAS to be leeway for a cop to do his job, because various nuances of issues can arise.

Yes it's arbitrary. Yes it's capricious. Yes it can be "whimsical". But barring something glaringly un-fair, most of the time, when it comes to routine things like "whether or not something was harming the grass", then .... truth-be-told ..... most superiors down at city hall, or judges, or whatever, are going to side with the rank-&-file person in the field. Because if they didn't (if they perpetually sided with the John-Q-public), then as I say, cops could never get their jobs done, and would effectively have no power to do their job, and their job morale would plummit.

But the mere fact that something *could* be morphed to apply to my hobby (the usual damage or alterations type verbage) does NOT mean that .... therefore, I need to, or should, go down and "head it off" at the pass, and ask "can I?" type questions. I mean, so too could a frisbee "poke someone's eye out" or "annoy" someone, etc... But no, even though that *might* happen, no one thinks they need to ask "can I fly frisbees". Sure we can debate that one is more inherently prone to produce damage to the other. We can debate how accurate or analogous that comparison is. Sure they're not identical in associated risks or complaints. But it does serve a point. And if you START with the ASSUMPTION that your hobby is inherently dangerous, wrong, evil, damaging, stealing, avoiding taxes, and breaks harvesting and collecting clauses (if all those things are "automatically" equivalent to detecting), then I have to ask that person: Why the heck did you ever get into detecting? I mean, didn't it occur to them that they might have to "Dig" to find the target? Or that not all archies are going to love them?

Thus yes, to answer your question, if told to "move on", then sure, give lip service. (and then avoid "just that one person" or "just that one park" in the future for awhile). But no, it doesn't mean that therefore, we need to ask.