which has higher authority?

Tom_in_CA

Gold Member
Mar 23, 2007
13,804
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Salinas, CA
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On a particular California-specific metal detecting forum I participate on, someone came on to ask about detecting a University's expansive grounds. Immediately (and understandably) someone else whom I'll ficticiously call "Dan" (who I love and respect very much) came on with the first reply, suggesting that since it's a private university, one should seek permission, or that they're likely to get the boot, etc....

And at first glance, most md'rs would not think twice about such an answer, right? Afterall, if it's private (heck, even if a place is PUBLIC, some people say you should ask), you should check to make sure "it's allowed", right? Who can argue with that?

But a curious psychology un-folded in the posts that followed "Dan's" reply: Several people from the area surrounding that university in that part of CA chimed in to say they've hunted there, and never had a problem. Some people even showed coins they'd found there, and so forth. Then I noticed that "Dan" therefore, came back onto the thread with the following adjustment:

"Since I see many forum members have hunted [this university] in the past, it looks like this university is fair game. "

Now this comment ALSO would pass scrutiny with most md'rs, regarding any place they wonder about going to. Right? I mean, afterall: oftentimes when someone's getting ready to move or vacation to a particular place, they will often check ahead with hobbyists in that area, to see what the skinny is. To see where people hunt. The thinking of course, is that if someone's been hunting an area for decades, well then duh, they would know "where you can detect". So "Dan's" followup statement also made perfect sense, that most folks would see as logical.

But ask yourself: what changed in the intervening posts that "Dan" read? Did he or anyone go ask "can I?". No. The only thing that changed, was the information that .... people detect there and no one has a problem. So human nature effectively interprets that as: "I guess it's ok then".

But notice that this still doesn't mean that you might not get a "no" if you went and asked. Afterall, there's no shortage of places where detecting had always just gone on, and no one had ever cared, yet when someone asked, they got a "no". Or places where if there *were* a booting, the locals just looked at that as an "isolated event", and so forth. I mean, it's entirely possible that every single one of those persons posting that they'd gone there, simply never ran into the right person.

So this makes me wonder: What has the higher authority: 1) Actual practice? Or 2) Actual rules?

When answering this question, remember that a lot of places that are supposedly off-limits (like a lot of the 50 states parks depts, and the federal's ARPA), mostly never specifically say "no metal detecting". For example ARPA never uses the word "metal detecting". However, verbage within it can indeed easily be morphed to apply to detecting. This is true of lots of state's parks, is that when they pass out the "no", their reference to back up such an answer, is not based on something that specifically says "no metal detecting". Instead they reference cultural heritage verbage, or harvesting/collecting/taking verbage, or defacement verbage, and so forth. So when I say "actual rules", let's assume for argument sakes that we have to take the "high road" and wonder or inquire whether ancillary verbage like this might not also apply to us (afterall, you "can't be too safe" right? you wouldn't want to "get arrested", right?)

Even the most skittish and law-abiding persons, would be inclined to do exactly as "Dan" has done: detect where his mentors before him have gone. Because naturally, we assume it's ok, since it's never been an issue.

Just food for thought
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If you can't answer this question for yourself, if you don't know - or care - what's right or wrong, I can't help you. Our hobby attracts a lot of "pirates" and "me first" individuals. My morals and standards do not apply to everyone else in the hobby I enjoy. This is an individual sport, and we all have to make our own decisions. Some guys will hunt graveyards with no concern or second thoughts. Many willingly trespass and “bend” rules. I believe in “Karma” and I do what I believe is right. You might as well ask if going to Temple or Church every Saturday or Sunday is right or wrong..

Just my 2-cents.
 

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If you can't answer this question for yourself, if you don't know - or care - what's right or wrong, I can't help you. Our hobby attracts a lot of "pirates" and "me first" individuals. My morals and standards do not apply to everyone else in the hobby I enjoy. This is an individual sport, and we all have to make our own decisions. Some guys will hunt graveyards with no concern or second thoughts. Many willingly trespass and “bend” rules. I believe in “Karma” and I do what I believe is right. You might as well ask if going to Temple or Church every Saturday or Sunday is right or wrong..

Just my 2-cents.

Terry, thanx for the input. Followup question for you then: What do you think of the advice some people receive, when getting ready to vacation or move to some other place, that they can "check with the local md'rs" to see where they can detect? Eg.: "check with the local club there", and so forth?

Most people (even the most skittish and law-abiding) would figure that's good advice, right? I mean, who better to ask, than someone who's detected a place for 20 or 30 yrs. already, right? And the "reasonable" person reading such advice, infers that "it must be ok", since, of course, everyone there is detecting such & such beaches, or such & such parks, etc... Right? Can't argue with that, right?
 

My first question would be if this University is a privately owned institution, or owned and run by the state. Both would have different inherent solutions. A state school would most likely be governed similar to any other public state owned land. My take is the history has shown some tolerance to this use, and as always bringing the matter to the forefront will only confuse matters.
 

If you can't answer this question for yourself, if you don't know - or care - what's right or wrong, I can't help you. Our hobby attracts a lot of "pirates" and "me first" individuals. My morals and standards do not apply to everyone else in the hobby I enjoy. This is an individual sport, and we all have to make our own decisions. Some guys will hunt graveyards with no concern or second thoughts. Many willingly trespass and “bend” rules. I believe in “Karma” and I do what I believe is right. You might as well ask if going to Temple or Church every Saturday or Sunday is right or wrong..

Just my 2-cents.


Hey, off topic, but let's go hunt the LDM this spring in Scottsdale. Figure it could be just off the 16th fairway at Troon North. Good a place as any. I shot an 83 there once...
 

Terry, thanx for the input. Followup question for you then: What do you think of the advice some people receive, when getting ready to vacation or move to some other place, that they can "check with the local md'rs" to see where they can detect? Eg.: "check with the local club there", and so forth?

Most people (even the most skittish and law-abiding) would figure that's good advice, right? I mean, who better to ask, than someone who's detected a place for 20 or 30 yrs. already, right? And the "reasonable" person reading such advice, infers that "it must be ok", since, of course, everyone there is detecting such & such beaches, or such & such parks, etc... Right? Can't argue with that, right?

I think if you are a follower, or come to a public forum for your advice - you get what you pay for.

If you get advice from your own Dad, you still have to weigh that advice as it relates to you and YOUR life - right? I always research my own places to detect, and I have been around long enough to know that just because my buddies are jumping off a cliff, it my not be the best idea for me. It comes back to personal responsibility. We ALL know what is right and wrong, but that doesn't mean we all take 10-items into the 10-items or less line at the Supermarket, or double park "just for a second."

I understand what you are saying, and agree, but heck, we all see posts here by morons looking for medical, legal, and life advice - Really? I stopped worrying about other morons a LONG time ago. Now I just worry about this moron - me! :thumbsup:
 

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..... I always research my own places to detect, and I have been around long enough to know that just because my buddies are jumping off a cliff, it my not be the best idea for me....

Ok, that answers the question, that if you were heading to a new place, it is not enough for you to know where those people detect at (ie.: "what a club there says", etc...). Instead, you "research your own places....". Fair enough answer.

Then this might be interesting to you: I read a post on a web forum, when the intnernet was still fairly young (late 1990s). In it, someone was getting ready to go on a business trip to Southern CA, (and they named a particular state beach adjacent to where their business meetings were to be). They were inquiring ahead of "whether it's legal to detect there".

As I read their post, and got ready to answer it (since I'm from CA, and hunt beaches here all the time), I saw that someone else had *already* answered them. So before I answered, I clicked to see what that other person had written. What they had basically done, was go to Grim's "Treasure Laws of the United States", which details state-by-state park's dept "rules". And they had simply cut and pasted the paragraph there about CA state parks (which over-see the beaches, as well, as a part of the over-all park's dept. here). My jaw dropped when I read the citation. It was fairly ... uh .... "dire" sounding. Things like ... only upon alerting the ranger-on-site. Turn in everything to lost & found. Flag any archaeological item with a little flag and alert the state archaeologist. And so forth, and so on.

I had been about to was to answer that state beaches are "no problem". Why? Because they've been detected since the dawn-of-time, and no one cares. It's always ... I guess .... just been assumed that beaches are different from in-land parks. For whatever reason, I don't know. All I know is you can detect state-of-CA beaches here till you're blue in the face, and no one cares. Detectors area a common site on beaches here.

So, in this case, if this were you, do you detect, or not? (given your answer that actual practice isn't what governs). I guess you don't?
 

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Again Tom, I do not get my "legal or not legal" advice on forums - period. As you just highlighted, forum advice is often subjective. Here in New York, EVERYTHING is regulated and taxed, and you need a state or local permit to go to the bathroom (OK, I'm stretching it just a little :laughing7: ). All of our State beaches and parks require a permit, and NYC has its own metal detecting permit. Most folks with an average I.Q. can figure out how to check the state and local laws themselves, but a lot of them fiqure it is easier to let someone else do their work for them (what is the best metal detector?; what is the best coil?; what is the best place to detect coins?; how do I wipe myself?). So, while I appreciate your concern for new hobbyists, I just don't share it. If you are dumb enough to rely on other people's answers about something that can land you in court or jail, you're dumb enough.
 

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Again Tom, I do not get my "legal or not legal" advice on forums - period. As you just highlighted, forum advice is often subjective. Here in New York, EVERYTHING is regulated and taxed, and you need a state or local permit to go to the bathroom (OK, I'm stretching it just a little :laughing7: ). All of our State beaches and parks require a permit, and NYC has its own metal detecting permit. Most folks with an average I.Q. can figure out how to check the state and local laws themselves, but a lot of them fiqure it is easier to let someone else do their work for them (what is the best metal detector?; what is the best coil?; what is the best place to detect coins?; how do I wipe myself?). So, while I appreciate your concern for new hobbyists, I just don't share it. If you are dumb enough to rely on other people's answers about something that can land you in court or jail, you're dumb enough.

You're exactly right: It's much easier to ask someone "can I?", rather than spending time roaming libraries looking through minutia of codes, laws, rules, etc... Heck, even with today's age of the internet, even presuming that a city, or county, or state has their rules/laws/codes ON-LINE, even THEN people still find it easier to simply ask others: "Can I?" Because afterall: they might not put in the right combination of key-words. And besides, we all know, you gotta be a 12-yr. old to be a whizz at finding anything on the net anyhow, haha.

So I certainly understand the tendancy of people to want to ask a live person (or float the question on-line to locals in that area) "Can I?".

To that I would say the following two observations:

1) Even if they have the urge to ask a bureaucrat "can I?", they can ask the following can-I-question: "Where can I find the listing of all the laws, codes, and rules for the parks [or city-property, or whatever] for public to view?". Then the bureaucrat you just asked gives you that link, or that location for you to see the binder-form pages, or whatever. In that way, you've satisified your urge to make your search for those laws easy, and also satisified the urge to talk to a live-person.

2) In the case of the "Can I?" question being posed to locals in that area (which is quite common on forums, for someone to ask other hobbyists in-the-know in those areas), then this simply begs the question that started this post!! Because Terry, how do you 100% know that their answer is correct? There's no shortage of people getting "sure, go ahead, our beaches are wide-open" type answers. Right? Yet how do you know those people gave you the correct answer? Naturally we always assume it IS the right answer, since that's a club or person in that area. And since that's where they hunt, for decades, and so forth (how do you argue with success?). But in that case, what do we do with this statement of yours:

"If you are dumb enough to rely on other people's answers about something that can land you in court or jail, you're dumb enough"


If I'm understanding that correctly, then no one should be asking locals in other areas. They need to go straight to the top, and talk to a desk-bound bureaucrat, lawyers, etc... right? (or am I mis-understanding you?).

Because using my state-of-CA beaches as an example then, here's what would happen:

1) you ask any CA hunter "can I hunt state-of-ca beaches?", they will answer your post by saying: "yup, they're wide open, come have fun".

2) you ask someone in Sacramento capitol building. Your question gets passed back and forth between multiple different desks. Eventually lands on an archie's desk, or a lawyer's desk, and ....... they tell you "no".

So Terry leaves the detector at home. Oddly, he wonders why none of those CA hunters is landed in "court or in jail being that they are dumb enough" :icon_scratch:
 

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I'm not telling anyone to do anything Tom. I really don't care what anyone else does. I know what I do, and that's enough for me.
 

New York has way to many laws. rofl. I thought mass was bad. Then I read you need a permit to md in new york. lol.








I'm not telling anyone to do anything Tom. I really don't care what anyone else does. I know what I do, and that's enough for me.
 

I'll take practical experience over book learning any day. If a law is on the books but ignored, I'd kinda like to know that. You're not going to get that gem of info by asking a bureaucrat.
 

..... You're not going to get that gem of info by asking a bureaucrat.

Haha, you're right: If someone reads this theory (about "practical" verses "technical"), they might think that the way to deduce if they can detect (ie.: to find out if "no one cares"), is to ask. But .... doh .... if you do that, you're right back where you started from, haha.
 

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