Virginia House Bill HB2078 - major move against digging/selling relics in VA

[cachenut]

Dear Detecting Friends:

You better read all of this if you want to continue detecting in Virginia.

The bill (HB2078) currently proposed in the Virginia legislature is moving forward to law. I am very concerned it will block our hobby of metal detecting, relic hunting, coin shooting, cache hunting, and others. We are all in this together. I don?t want this to happen.

It is in committee now. I encourage everyone to immediately write their Virginia state representatives including all committee members about this bill.

The bill HB2078 will amend and make additions to the Code of Virginia Antiquities Act and also the Code of Virginia Chapter 23 of title 10.1 by adding sections 10.1-2307 and 10.1-2308 (Criminal Code I believe). This is serious!

Do it today PLEASE!

The bill has been referred to committee and now is in the Criminal Law subcommittee. This is where metal detecting or selling relics without written permission will become a criminal act. It will be either a misdemeanor or a felony.

This sub committee will meet on this bill January 24, next Monday.
You see why you must send messages right away.
Most of the contact information you need is on the Virginia Legislative Website.

In Virginia we have 40 Senators and 100 Delegates.

You can on this website:
1. Find what your district is.
2. Who you delegate is.
3. Who your senator is.
4. Their respective email addresses.
5. Their snail mail addresses.
6. The delegates and senators on the committees.
7. And the current status of the bill.

I suggest writing every member on the committee. NOW. TODAY. BEFORE MONDAY.Please write to your representatives also. Only email or phone calls will reach them by Monday. See instructions below.

To access the Virginia Legislature website click below

http://legis.state.va.us

EMAILING LEGISLATORS

To find which district you are in and who your legislators are click on Who?s my Legislator in the menu bar at top right.

Enter the required fields (address, city, zip) under Who?s my Legislator and click Lookup.

The screen should show who both your delegate and your senator are. It gives snail mail address but not email.

To find email addresses click on More about YourSenator at the bottom.
SEND them an email.

TO SEND CRIMINAL LAW COMMITTEE EMAILS

Enter HB2078 under Bills and Resolutions, far right, near top. Click GO.

Double click at bottom under status where is says 01/14/05 House: Assigned to C.J. sub-committee: Criminal Law
Click on committee members names at top.
An email address should appear. Send them each a message about the criminalization of our hobby.

TODAY.

I suggest making your main point in your email subject. With email it is easy to delete and they may just hit the del key. Or else use a subject that gets them to open the email without knowing what it is about.

I also recommend not threatening Delegates or Senators with an ?I won?t vote for you appeal? but rather trying to persuade them with a heart felt appeal for our hobby and what it means to you. They will respond better to positive ideas than to negative.

Rational arguments should work as well such as: it will be expensive, moral issues, legal issues, clog the courts, and any other issue their constituents bring up. That?s you. They represent you! Let them know what you want.

Once you email them post a note here and tell us what you did so others can see and be encouraged to do the same.

Let them know how many of us there are.

Thank You
Joe Wolfe

 

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[MDnoob]

Re: Bill HB2078 in Virginia to Ban Detecting

I live in Virginia!!? I'm in!!!? Stupid laws...

We need more of your help!!

 

[mavrick03]

Re: Bill HB2078 in Virginia to Ban Detecting

me too

damn freaking crooks



Mav

 

[cachenut]

Thank You and send email.

Try to persuade them our hobby is what you like to do.

 

[piratepete]

Re: Bill HB2078 in Virginia to Ban Detecting

i live in nj, but i want to wish you luck!! They have no right to put people out of their hobbies!
hopefully they wont make you give them what u find! offer 5%...lol
GOOD LUCK!

 

[cachenut]

You can send emails to help.

The note above explains how.

 

[jimmyokla]

Re: Bill HB2078 in Virginia to Ban Detecting

LAND OF THE FREE................................. GOVERNMENT OF THE COMMUNIST!

 

[Coin_Saver]

Re: Bill HB2078 in Virginia to Ban Detecting

Man, that is the stupidist thing i have ever heard, i was thinking about going out there to md but if i lived there i would certainly vote NO!!

 

[MDnoob]

Re: Bill HB2078 in Virginia to Ban Detecting

I have acted!!! We need more people in on this!! Help VA !!!

Here is a copy of the email I sent to my Delegate and Senator. I hope it helps....


Dear Senator Edwards,

I feel that this Bill is in general, fair, and provides additional protection for burial sites. However, I would like to point out a few things;

Quoted from text:
"Site" means a geographical area on dry land that contains any evidence of human activity which is or may be the source of important historic, scientific, archaeologic or educational data or objects.

"It shall be unlawful to explore or excavate on any archaeological site without the prior written consent of the owner of the land. Such work shall not damage crops, houses, or improvements on the land adjacent to the sites and excavations. "


This text, when appllied to the hobby of metal detecting, seem very vague and I feel would greatly limit the pursuit of this hobby. Nearly any area could be considered a "site" by this definition, especially when considering that humans have inhabited our state for thousands of years, and Westerners have been here for nearly four hundred years.
It seems that under this definition many areas, especially city parks, would now be off limits or nearly so, to the average metal detcting enthusiast. The vast majority of these hobbyists have great respect for, and no interest in disturbing true archaeological sites. Most of us want only to be able to find and collect small relics, primarily coins. Most of the items found today are coins and jewelry from the last few decades and have no historical value whatsoever.
Many areas today are off limits and I feel that current laws and practices, such as "no trespassing" signs get the job done when it comes to landowners protecting their property. As it is, most metal detecting enthusiasts are very respectful of landowners, and nearly always ask permission before searching.
Metal decting is a very low impact hobby. When done correctly, as it is nearly all of the time, it leaves no trace. The objects most often removed are or no historical value. Current laws sufficiently protect historical sites, and adding to them would only make the enjoyment of this harmless hobby nearly impossible. Please vote "No"!

Thanks for your time,




Here is a link to the entire bill:

http://leg1.state.va.us/cgi-bin/legp504.exe?051+ful+HB2078

 

[rovnrbl]

Please send email today - goes to committe on Mon.


Folks,

Appears several legislators in there wisdom, have drafted legislation to impose rather onerous sanctions against digging and selling relics in Virgina. Whether you reside in VA or not, this could ultimately impact you. I'd appreciate your support in defeating this legislation.

Here's the legislation:
http://leg1.state.va.us/cgi-bin/legp504.exe?051+ful+HB2078

Here's what you can do:

1. If a Virginia resident, write your delegate. You can find them at:
http://dela.state.va.us/dela/MemBios.nsf/MWebsiteTL?OpenView

2. If not a Virginia resident, send a note to either the Speaker of the House or the Majority or Minority House leaders. Here they are:

William J. Howell
Speaker of the House
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1028
Fax: (804) 786-6310
Constituent Viewpoint: (800)-889-0229
Email: [email protected]
Room Number: 635

H. Morgan Griffith
Majority Leader
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1008
Fax: (804) 786-6310
Constituent Viewpoint: (800)-889-0229
Email: [email protected]
Room Number: 607

Franklin P. Hall
Minority Leader
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1069
Fax: (804) 786-6310
Constituent Viewpoint: (800)-889-0229
Email: [email protected]
Room Number: 614

Below is a draft letter that you can feel free to use. Send me a private email on questions.

Cory Rind
[email protected]

Dear Delegate,

As a Civil War history buff and metal detectorist, a proposed piece of legislation, Virginia House Bill HB2078, has me extremely concerned. This bill seems destined to take away my ability to readily look for Civil War artifacts (with permission) in the Commonwealth of Virginia. Additionally, should I choose to sell or buy artifacts, it appears I could easily be in violation of the law without having extensive documentation on source of the artifact.

I strongly recommend that you vote against this legislation for the following reasons:

1. Laws are already in place in Virginia regarding trespassing, grave robbing and

destruction of property.
2. A Federal law, Archeological Resources Preservation Act of 1979 (ARPA), has

already been enacted and covers most of the concerns HB2078 deals with.
3. Having dealt with many landowners, most have no need for written permission -

they are either going to give permission to detect/use their land or they will not.

An additional piece of paper accomplishes nothing.
4. Definition of a site is vague. This definition could cover most any piece of land.
5. If one engages in the sale or purchase of "objects of antiquity", how is one to

document that the item complies with the law?
6. "Object of antiquity" is a pretty vague term. This could be stretched to cover

most anything a zealous prosecuting attorney might desire.
7. Why should a landowner have anything to do with anyone's right to engage in

free commerce or trade?

Should you wish to further discuss this issue, please feel free to contact me.

Sincerely,

XXXXXXX

 

[cachenut]

Thanks.

Help is needed always,

 

[Fredneck]

Bill HB2078

Just found out , wish I'de seen sooner . I know John H Chichesters (my countys Rep ) advisor/asst. I'm making the call this evening , to state our cause , and also just finished e-mail .

 

[Lowbatts]

Re: Bill HB2078 in Virginia to Ban Detecting

Good luck Virginians. Seems mighty odd that such a restrictive law should come from such a state and having read the bill...

Just venting, but does it seem to you that we are back to square one? Can't hunt the King's deer, dig the King's earth, etc. unlewss you are in the "court of the King" as a pedigreed academic? Sounds a lot like academic welfare to me. That is of course unless academically pedigreed individuals will no greater ability to recover relics, artifacts, old coins or pull tabs than anyone else.

I'd hope that by sheer weight of good contacts with enough people pointing out the public service aspect of our hobby this could be negated or avoided.

 

[jeff of pa]

Re: Bill HB2078 in Virginia to Ban Detecting

VISIT the FMDAC FORUM. alot of new info just added. Some VERY SHOCKING

 

[Lowbatts]

Very interesting exchange between that "professional" and one of our own... When a farm goes into development around here, the ENTIRE archeological record of the area is often lost. Because one of the first things done is the removal of the topsoil down to about 3" or so by those large earthmovers. Since we didn't have prehistoric societies here putting basements in their wigwams, longhouses and tepees it amazes me how some would think my metal detecting such a soon-to-be destroyed site is somehow plunder, depredation or evil because it falls outside their self-righteous realm.

I have no qualms about stating that I hope to find an incidental drop at such a site, perhaps a rare coin or artifact that has value. What moral objection can be raised against such a pursuit? Even more the so I'd love to find a huge cache of coins. Again, how much "pre-history" have I threatened in such a search? I'm sure glad someone in my family had the foresight to leave Virginia about 6 generations ago.

 

[jeff of pa]

THIS BILL IS BEING VOTED ON TODAY

 

[lobsterman]

Sounds more like California than Virgina, let us all know how it turns out.

as a commercial fisherman i certainly know what over~regulation can do, i have been essentially regulated out of my industry, they have devalued my boat and business and taken many permits and licenses in the name of conservation, do not believe the media ( about anything ). the fisheries are not in any trouble except from politicians.

you are being regulated out of your hobby, i have been regulated out of my livelyhood, but i can certainly sympathize with you. i hope it all works out for you.

i was just wondering has there been a significant find lately and they are trying to use this regulation to try to take it away from the finders ? ( just a thought / its been done before )
when opportunity knocks you open the door to see the govt. taking it away
Pat.

 

[diggummup]

Just another prime example of the GOV. putting thier nose in where it doesn't belong!What country do we live in?The definition of "site" is vague for a reason.This way "they" can call almost anywhere a "site".This really sucks,let us know how it turns out.What has happened to "our" country?Bunch of nitpicking bureaucrats,they need to worry about legitimate issues concerning "our" country,instead of worrying about whether or not somebody digs up a civil war relic.My ancestors fought and died in the Civil war, so and as far as i'm concerned,I have as much right to dig relics as any schooled arche.Sorry to ramble on,but I missed this post until today,needed to vent a little.Good Luck,and again let us know what happened.

 

[jeff of pa]

Word I got from another source, is , it is in the Justice Committe Today (the 26th.) IF it passes here (They Meet Mon. Wed. & Fri.)? it will go to the House for a vote. let's hope The almost $100,000.00 a year sallery, they would have to pay a STATE ARCHEOLOGIST, to over see this thing, is enough to cause a NAY vote .

 

[Lowbatts]

Diggumup, I'm with you. My great grandpa^2 fought in the war, he stayed in Illinois when he and his brother moved out west a few years earlier. He wound up serving in the Union Army in an Illinois unit. His brother returned to Kentucky and then to join the Confederate cause. I beleive he was in one of the Kentucky Confederate units and was captured at Perryville, his fate unknown but assumed since we know how most "crossover" units were treated after capture. My side of the line survived. Both of these men had moved to the Kentucky frontier as children from their Virginia roots. Seems to me that I should be able to dictate who gets to recover items of MY past and line of ascendency, not some faceless kommisar.

For my familial interest, I would hope some MD'er, some TREASURE HUNTER would recover something of the family's past and even if they simply sold it to a collector, it would be better than having the items rot in the ground.