State beaches & parks

Tom_in_CA

Gold Member
Mar 23, 2007
13,804
10,336
Salinas, CA
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Explorer II, Compass 77b, Tesoro shadow X2
State beaches & parks

I've been detecting since the mid 1970s. Since I'm close to the beach here in CA, my friends and I hit the beaches all the time, esp. after storms erode them.

When the internet was still a fairly new thing in the late 1990s, "TreasureNet" was the only forum out there (that I knew of anyhow). One day I logged on, and saw that someone had posted a question, to the effect that they were getting ready to vacation to CA, and were wondering if there was any rules or laws they should be aware of. As I read their question, I could see that someone else had already answered it, in the thread. The answer shocked me: the person answering had simply gone to a book called "Treasure Laws of the United States", written by a guy named "Grimm".

Most of our beaches here are state owned (as opposed to city or county), so I read on. There were things like "alert the ranger upon coming and going" "flag all old coins you might happen to dig, with a little flag, and alert the ranger, so they can bring in an archaeologist (I'm paraphrasing), "turn in all jewelry to lost & found", etc.. etc... etc.... Wow, this was all news to me! My friends and I had detected beaches here for 20 yrs. by then, in full view of anyone and everyone, and never heard so much as "boo".

It occured to me that probably the state park beach rangers really don't care less, or have better things to do. Or perhaps they don't even know of that minutia, because it never occured to them (afterall, what more innocent hobby could there be? geeks looking for lost change, eh?). I began to wonder what would happen, if someone inquired, at the ranger kiosk at various state beaches near me with the question "Is it legal to metal detect here?", that the rangers might look it up in their book, and come back with "no". If that were the case, then perhaps after that, those same rangers, who previously had never even given it thought, might see others md'ing, and think "aha, there's one of THEM" and perhaps start booting or severely restricting us?

So I wonder if sometimes things are better left as they are, w/o asking questions and drawing attention to oneself, as if..... something were inherently wrong with you, or your hobby, that you had to ask. Even if they can't find a rule, they may contort something they think applies ("don't disturb the vegetation" for instance). Or they may make a new rule, "to address this pressing issue". Know what I mean?

As for state parks on land, there are several here that I have detected, w/o ever being bothered. They (state park land) seemed to be out-right off-limits, according to Grimm. Once again, it never even occured to us that there was anything wrong with this, to begin with. But as I read that citation in Grimm's book, it reminded me of an incident where some guys were detecting at a particular state park, where they'd never had any issues before. But this one time, a ranger comes by and boots them. It was a ranger that they'd seen previously, and nothing more than a friendly wave was ever exchanged. When they asked the ranger "why?", he only responded "it's the rule". A few weeks later, those hunters found out that a newbie hunter had taken it upon himself to ask at the ranger kiosk "can I metal detect here?". They told him "no". The connection was hard to escape: now that this question was fresh in some bored ranger's mind, THEN he began to notice others, who previously, he'd never paid mind too.

So, what are we to make of this? Is everything we read about that is "off limits" really off-limits? One things for sure: I would always get my advice from within the md'ing community, to find out what the reality is, of a certain area. I would be dubious of asking bureaucrats or rangers, or putting full-stock faith in what I read. Any other thoughts on this?
 

Re: State beaches & parks

Good point. I understand what your saying. I just don't want some cop or ranger coming up to me and confiscating my detector (cheap as they may be) and writing me a citation or something. I always try to research the laws pertaining to a certain area that I am planning on hunting be it a park (city,county or state),WMA's or state forests or wherever. I haven't had a problem yet but, I haven't really tested the issue either. I stick to where I know i'm allowed to hunt legally as it's written in statutes,ordinances or codes or what have you. Even then I try to stay on the sidelines or out of view so to speak. The way most laws are written down here in Florida leaves alot open for interpretation or allows a personal judgement call for a LEO as to whether he/she wants to make your day a bad one. For instance,the laws regarding metal detecting in my county parks are as follows- There are no laws that prohibit metal detecting however your not allowed to dig in the park,so I stick to the tot lots and volletball courts and sandy beach areas for the most part. Open for interpretation. As far as my city parks go,it's all good. I asked via email and was told to have at it. WMA's (Wildlife Management Areas) are a little different,some you can,some you can't. The particular one I inquired about I was told it's perfectly legal. I'm sure the rangers and Police have better things to do than harass someone with a metal detector but i'd still rather be safe than sorry. JMO
 

Re: State beaches & parks

Diggummup, you say you are afraid of someone coming up and "confiscating my detector ". Have you ever heard of that happening to anyone? I mean, barring someone sneaking historic or posted sites, that couldn't take a warning? I hear this "confiscation" and "jail" thing put out as reasons to ask for every city park or land, yet.... when you press people for examples, no one seems to have any.

I suppose there might be an example out there somewhere, of an innocent md'r who got roughed up for detecting a beach or park, that he honestly didn't know he was in violation of some rule. That would be very rare indeed! But on the other hand, occasionally some driver is roughed up and taken to jail by an overzealous cop, for a simple tail light out. That doesn't stop me from driving.
 

Re: State beaches & parks

I didn't say I was afraid of it, nor do I know of it happening to anyone. However, I do know of a couple people that have been given citations for detecting in public areas that aren't posted. I'm more leary of that than losing my detector per sa. I'd just rather be safe than sorry that's all.
 

Re: State beaches & parks

Tom,

YES, I can cite several instances where people not only had their MDs confiscated, but their autos as well!

Daniel J Kiser of Las Cruces, NM, got verbal permission from the local BLM Agent, and went to Lake Valley to detect. Long story short, he was arrested and forced to pay $1108.59 plus another charge of $25. Never got his MD Back. This was in 1992.

Douglas F. Dodd of Lookout Mountain, GA. Lost his MD and his Jeep while MDing near the "Battle Above the Clouds" battlefield site was. There were no signs in the area where he was, and didn't know he had wandered onto the park site (he started to hunt on Private Property). His total haul were two minie balls. To get his Cherokee back, he was forced to plead guilty to using a metal detector to dig for artifacts without a permit. Lost ALL his MD Gear. Paid $4000, and then got his Jeep back. He was still liable to be prosecuted, and receive up to $10K fine and/or a year in jail. I don't know what the outcome was. This was in 1992.

There are several other stories just like that all throughout the country.

I will tell you that without equivocation, the State (especially California) and national Park Service Rangers can and will confiscate your MD Gear, and because they think you are stealing Historically Significant Artifacts, they can and will get a search warrant, and come into your home and take EVERYTHING having to do with MDing/THing (including your computer and any written notes you have).

The Tree Hugging crowd will do everything they can to stop you from digging on protected land. I live in SoCal, and spend most of my time in the deserts of Anza-Borrego, East of 29 Palms, Along the South side of Interstate 8, and in the Chocolate Mts (East of Salton Sea). I know a bunch of the Border Patrol Guys, BLM Guys, and Park Rangers. They know what I do, and I know they wouldn't let me get away with it. I hate to think what they would do with someone they have no history with. DON'T LET THEM CATCH YOU ON STATE OR NATIONAL PARK LAND WITH A MD.

Best,

Mike
 

Re: State beaches & parks

Just to add to gollum i was detained years ago in a California National Park my fault i didnt know the law but MDs were taken away and paid a fine.
 

Re: State beaches & parks

Yeah. Sorry to sound to ominous, but I have countless thousands of dollars in TH equipment (including customized detectors and the like), and I know I would not want to have it confiscated.

I wouldn't want to see it happen to anybody else.

I actually had a Park Ranger friend of mine tell me that the state of California would rather see a gold coin wash down into the ocean, than let a metal detectorist dig it up!

Best,

Mike
 

Re: State beaches & parks

Your right about that gollum and we filed a complaint with our Congressman about the illegal search of our truck not to mention civil rights violated.Lets say the 2 part time rangers are gone now.
 

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