who do you call to find out about laws in your state?

[kronos416]

If your wanting to detect in a certain state but cant find any laws pertaining to that state then who in turn can you contact to find out?

 

[Ant]

If your wanting to detect in a certain state but cant find any laws pertaining to that state then who in turn can you contact to find out?

My state only regulates state public land and Historical Sites. One would need to seek information form the agency or administer of the land, be it state, county, city, town, and so on. If the land is private, the permission of the owner is needed.

 

[kronos416]

Thank you

 

[Tom_in_CA]

Ant, by telling him he "needs to ask the state", brings him right back around to his initial question: "if you can't find any laws, who do you contact?". The way I read it, that's his dilema, is where does he go, to do just that.

Kronos: There is an FMDAC site, where you can click on tabs to arrive at a list of all 50 states laws. But bear in mind as you read through those, that all it was, was someone sending out a letter to each of the 50 states (state parks dept. headquarters?) asking "what, if any, rules are there that affect metal detecting in state lands there?" (or something to that effect). The only problem I see to this approach is, that .... let's face it, in ANY given state, there are bound to be some sensitive historical monument type stuff. And in those same states, there will be innocuous non-historical-monument parks and land, where no one gives a hoot. So what is the easy answer if you were a bureaucrat trying to answer that letter? To try to say "yes here, but no there, yes at this park, but not once you cross over to the turf" blah blah. The easy answer is just to say "No" to all, or "inquire at each park you arrive at". And the problem with asking at each park you arrive at, is you're really up to the whims of whomever's at the park kiosk you are driving through. One ranger or cop might say "sure, have a blast", but the next may morph something he thinks applies, like "don't disturb the vegetation", etc... and tell you "no".

But at least the FMDAC website is a start. Just be aware that some states look pretty dire (sandbox hunting only, all else is a no-go, etc...). But oddly, in some of those same states, the state parks get detected routinely, and no one seems to care, unless you're snooping around obvious off-limits monuments, leaving holes, etc....

 

[luckyinkentucky]

Call an Archaeologist at your local university.

 

[LadyDigger]

Each town, city, county, state are different. Just for Va Beach alone, you can detect on city property, but of course, private requires permission from the owner(s).

And as for "Archies"...from personal experiences....I prefer NOT to discuss anything with them (not all...just a select few). If the city says it's ok...that's ok with me!!

 

[Tom_in_CA]

Lucky-in-Kentucky, you say to "ask an archaeologist at a local university"? Tell me you're kidding The average archaeologist ANYWHERE would tell you that you can't detect anywhere, in the world. And even if they couldn't cite an actual law, they would probably morph anything they can to lead you to the same conclusion. I got into a long email dialogue with Kentucky archies over this similar issue, and they finally resorted to "well, it's not advisable" and "you can't go around destroying history", etc... You see how, when they can't cite an actual law (or are made to admit that not all public land falls under a law their trying to apply), that they fall back on what is "advisable" (but not necessarily law).

 

[LadyDigger]

Lucky-in-Kentucky, you say to "ask an archaeologist at a local university"? Tell me you're kidding The average archaeologist ANYWHERE would tell you that you can't detect anywhere, in the world. And even if they couldn't cite an actual law, they would probably morph anything they can to lead you to the same conclusion. I got into a long email dialogue with Kentucky archies over this similar issue, and they finally resorted to "well, it's not advisable" and "you can't go around destroying history", etc... You see how, when they can't cite an actual law (or are made to admit that not all public land falls under a law their trying to apply), that they fall back on what is "advisable" (but not necessarily law).

Tom...you are so right....as a recent experience I had...."We are NOT finding history...WE ARE DESTROYING IT!"....Well, we now have permission to hunt

Only time I would even consider calling an "archie" would be of a find that is beyond words...and it would have to be an amazing find! I have "Archie" friends too...and they would be the first I would call anyways...as I know them and they know me

Just call the city office, as I did with my city....usually construction sites, as here in Va Beach, I called the City Manager's Office...also Public Works when it comes to construction sites...atleast here...I can't say about other places. Results of my recent calls: Detecting Authorized

 

[Ghalt]

I find that I am having NO luck calling the bureaucrats...even with someone as 'friendly' as a county parks and recreation department.

They toss out blanket statements, but my searching of the municipal and state code online doesn't jive with what they say.

Now, I'm no lawyer, and if I get fined or worse and it goes before the judge, I can guarantee that 'ignorance of the law is no excuse'.

So, I'm going straight to the horses' mouth.

I've got friends who are county police officers. I figure that since they would be the ones to issue a ticket, they would know the law better than anyone. They're good folks from my church, so I can get the straight skinny from them.

I'd recommend finding a friendly cop. Friend of a friend, ask around at work or church if anyone knows a local cop...as I said, it's those guys who will issue the ticket or not. (Unless you're on a park where there are rangers...then ask a ranger.)

I live on the border of 3 counties, so I'm actually getting my buddy to look up the law on the other counties as well.

Good luck!

 

[Tom_in_CA]

ghalt, your advice, to someone who feels they just MUST talk to a live person, to talk to a cop, is a good idea. Because they don't make the laws, they just enforce them. But I would not extend that to asking a park personell or ranger though. Only city cops, or sherrifs. Reason is, park personell work at the very location, instead of city-wide, like cops do. And in a way, these park personell/rangers DO "decide" what can and can't be done "on their watch". Unlike a city cop, who is dealing with violent crimes, robberies, rapes, etc... Your question will sound like you're an angel to a cop But a park personell/ranger, whose only focus is just on the park he works at, can merely put out a "no", just because he feels like it. Yup, there doesn't even have to be an actual rule or law. He has the authority to interprett and enforce things as remote as "don't disturb the vegetation", as a reason to tell you "no". And if you fight it, the law will stand on his side, since he is an appointed agent, given that latitude to interpret rules "for the public good". And you might get a "no", when in fact, no one would've cared or noticed if you'd just gone.

Don't ask bureaucrats either. They might tell you "no", even if a rule doesn't exist (because they envision geeks with shovels). Find it in print yourself (usually available on-line at state websites key word searching), or ask a cop who really doesn't care, or have any vested interest. If the law is silent on the issue, then consider yourself as no different than any other park user.

And as for "tickets" (you mentioned), in my 30+ yrs of md'ing, I've detected hundreds of parks, all over several states, and never once asked or inquired of laws. If it's not posted "no metal detecting", and as long as it's not an obvious historical site, I just go. Sure I've had some bootings and "scrams" over the years. But no, I don't believe you'll get a "ticket", unless you were someone who couldn't take a warning, or someone night-sneaking a sensitive site, etc.... I'm sure there's some isolated incidents someone can post, of a person getting a ticket for an un-posted non-historical site, but I'd say they are the exception. Just as now and then a driver gets roughed up by an over-zealous cop for a simple seatbelt violation, doesn't mean that we should all wonder if we can drive or not.