Places i've hunted without permission

I just love when new guys join this forum for the sole purpose of bickering and trying to tell everyone how it is...:lol::roll:

Everyone, or just Tom?

I think he's got a point. Once you start removing anything it's a different game. You can smell my flowers from the sidewalk, but just because you can reach them, that doesn't mean you can take them.

Tom's got some good points too, and I agree with him on government property. There is no reason to ask to hunt public property. The feds make it real easy to find their rules and so do most state and city parks. I check local ordinances and once I find the ones about no alcohol in the park and park closing times, if it doesn't specifically say no metal detecting, it's allowed until someone tells me different. All parks have no dig/disturb laws, I ignore those, I've been known to ignore the no alcohol and no smoking rules on occasion too. There's just too many rules to follow them all.
 
Show me where I have adamantly denied that removing things was the same as theft

Ooops, I think the issue was "md'ing = an act of theft", not "removing things = act of theft". My bad. Yes: We both agree that removing things is theft. But I do not see our act of md'ing as theft. If it were, then we'd be in a heep of trouble anywhere we detect (yes, even public land). Since ........ the last I checked, the act of theft is illegal.

Why do you continually avoid the other parts of the discussion?

I have not avoided the other part of the discussion . On the contrary, I/we have talked at length about the "removing things" aspect of the-act-of-md'ing.

I don’t think you truly know what an “ad hominin” argument is.

Well this is what God invented wikipedia for. Take a look for yourself. In short, it's : name-calling. (btw, it's spelled : ad hominem)

It would depend on whether or not there were laws against it.

Really ? Ok then, please give me a few park or beach locations that you hunt. I will be glad to go to bat for you, and find out if "there are any laws against it". Care to take me up on this ?

Did you meant to say that there is no reason that it doesn’t equally apply to private property?

Yes. Laws forbidding removing things would equally apply to private property (not sure what you are saying here)

we all know that we are allowed to metal detect (and remove what we find) at many of the places you just mentioned

Aaaahhh, where this is where I'm happy to educate you : While it's true that we are allowed to metal detect at scores of public places, yet the dirty-little secret is: There are laws (albeit un-enforced perhaps) that forbid harvest, remove, and steal. Trust me: They exist on every speck of public land.

Thus I guess we can metal detect. But we just can't take home the things we find (if someone wanted to be technical).

THIS IS ABOUT TRREPSASSING ON PRIVTE PROPERTY!!

And we resolved this. Ie.: Since we agreed the photographer gets equal castigation, that therefore : Shame on the md'r as well. So can we put the trespassing thing to rest now ?? We agree.

..... the only way to truly answer the question would be to take it to Court.

No. That's not the "only way to truly answer" the question. There is a much faster route. I simply pick up the phone, call to the agency that administers the park where you metal detect. I ask them: "In-lieu of the statute that forbids removing /harvesting park features: Is it ok that flies-only removes / harvests / takes objects from the park, for his own personal enrichment ? And is it ok that Flies-only digs holes in the park ?"

Then we'll sit back and see what the park administrators say. Ok ? Agreed ? No need to go to courts to sort it out.
 
Everyone, or just Tom?

I think he's got a point. Once you start removing anything it's a different game. You can smell my flowers from the sidewalk, but just because you can reach them, that doesn't mean you can take them.

Tom's got some good points too, and I agree with him on government property. There is no reason to ask to hunt public property. The feds make it real easy to find their rules and so do most state and city parks. I check local ordinances and once I find the ones about no alcohol in the park and park closing times, if it doesn't specifically say no metal detecting, it's allowed until someone tells me different. All parks have no dig/disturb laws, I ignore those, I've been known to ignore the no alcohol and no smoking rules on occasion too. There's just too many rules to follow them all.

I was mainly referring to FliesOnly. If you look at all of his posts on this forum since joining, >90% of his posts have been confrontational where he tries to tell others “how it is” and acting like a Mr. Know-It-All. That being said, he does make some valid points as you pointed out. But so does Tom. When looking at the big picture in this thread, it seems to me that Tom is the fisherman who keeps chucking his lure into the water and FliesOnly keeps biting aggressively.:lol:

I completely agree with your last paragraph. No sense in getting wrapped up in all the rules out there and the “what-ifs” that might come from possibly breaking some rule. I’m all about minding my own business and doing my own thing. If someone wants to challenge me with rules and stuff later on, then so be it. But I’m not going to worry about it right now!
 
Everyone, or just Tom?
Thanks.

I think he's got a point. Once you start removing anything it's a different game. You can smell my flowers from the sidewalk, but just because you can reach them, that doesn't mean you can take them.
Thanks again.

Tom's got some good points too, and I agree with him on government property. There is no reason to ask to hunt public property. The feds make it real easy to find their rules and so do most state and city parks. I check local ordinances and once I find the ones about no alcohol in the park and park closing times, if it doesn't specifically say no metal detecting, it's allowed until someone tells me different. All parks have no dig/disturb laws, I ignore those, I've been known to ignore the no alcohol and no smoking rules on occasion too. There's just too many rules to follow them all.
And thanks again. Tom knows that is often not illegal to metal detect in those areas, but he constantly wants to do the "slippery slope argument", and I'm not really sure why.
 
I was mainly referring to FliesOnly.
Of course you were.

If you look at all of his posts on this forum since joining, >90% of his posts have been confrontational
How are they confrontational? Tom thinks it's OK to trespass and take objects from private property. I said it was not. It snowballed from there, but to say I'm the one being confrontational is pretty disingenuous.

...where he tries to tell others “how it is” and acting like a Mr. Know-It-All.
How am I acting like Mr Know-It_All when all I'm doing is counter-arguing Toms points? Is he not acting like Mr_know_it_all too?
Look, is it legal to trespass and remove objects from private property? Is taking a picture really equivalent to physically removing an object? I notice that no one has really answered either of those questions.

That being said, he does make some valid points as you pointed out.
Thanks. I try.

But so does Tom. When looking at the big picture in this thread, it seems to me that Tom is the fisherman who keeps chucking his lure into the water and FliesOnly keeps biting aggressively.:lol:
Tom does make some valid points. The problem I'm having, however, is that those points are not really relevant to this discussion. I have repeatedly explained that I'm talking about trespassing on PRIVATE property and removing objects without permission. To bring up rules and regulations relating to public beaches and schools and parks is not relevant to what I'm asking.

...I’m all about minding my own business and doing my own thing. If someone wants to challenge me with rules and stuff later on, then so be it. But I’m not going to worry about it right now!
So am I. But that doesn't mean it's ok to steal things, does it? It's illegal regardless of whether or not you get caught.
 
Ooops, I think the issue was "md'ing = an act of theft", not "removing things = act of theft". My bad. Yes: We both agree that removing things is theft.
Not always. Not if you have permission of the owner, for example.


But I do not see our act of md'ing as theft.
It is if you’re on private property without permission. Honestly, this is getting ridiculous. Will you acknowledge that you understand we are talking about metal detecting on private property, because I honest to god don’t know that you understand this.


I have not avoided the other part of the discussion .
Yes you have. Time and time again. We’re talking about private property and you keep bringing up beaches and parks and schools and other public lands.

On the contrary, I/we have talked at length about the "removing things" aspect of the-act-of-md'ing.
On private property. This is about private property. Not public. Not parks. Not beaches. Not Schools. Private property.


Well this is what God invented wikipedia for. Take a look for yourself. In short, it's : name-calling. (btw, it's spelled : ad hominem)
I’m not going to get drawn into a separate discussion about ad hominem arguments. At least I spelled it correctly this time, thanks for pointing that out.


Really ? Ok then, please give me a few park or beach locations that you hunt. I will be glad to go to bat for you, and find out if "there are any laws against it". Care to take me up on this ?
Not really. It’s not relevant to this discussion.


Yes. Laws forbidding removing things would equally apply to private property (not sure what you are saying here)
Well, here’s what you wrote:
Because as you know, there are laws governing every speck of public land that forbid harvest, remove, take, etc.... There is no reason (since you endeavor to be very law-abiding) that it doesn't equally apply to public property.
Notice that both sentences use the word “public”. As such, they are redundant and I was simply asking if the second sentence was supposed to refer to private lands. All I wanted was some clarification.


Aaaahhh, where this is where I'm happy to educate you : While it's true that we are allowed to metal detect at scores of public places, yet the dirty-little secret is: There are laws (albeit un-enforced perhaps) that forbid harvest, remove, and steal. Trust me: They exist on every speck of public land.
Please forgive me if I don’t actually “trust you” on this one. Regardless, though…again this is not relevant. I’m not talking about public lands. I think I’ve mentioned this little tidbit once or twice.


And we resolved this. Ie.: Since we agreed the photographer gets equal castigation, that therefore : Shame on the md'r as well. So can we put the trespassing thing to rest now ?? We agree.
Sigh...here we go again. Sorry, but we do not agree. In another thread, we discussed why stepping off a sidewalk to take a picture may not actually constitute a trespass. I don’t want to go there again, but I do want to point out that even if we agree that the photographer did, indeed, trespass, that that act is in no way the same as a detectorist doing his (or her) thing, and then physically removing an object from private property on which they did not have permission to detect or remove things. So while it is possible that BOTH individuals may be guilty of a trespass, the two actions are not equivalent if taken to their endpoints. The photographer left with a picture…the metal detector left with a valuable coin. Please, explain to me how those two actions are the same. Don’t stop with the trespass. Take it to its conclusion…what happens when both parties step back onto the side walk and leave the area? Are both crimes equal?
 
How are they confrontational? Tom thinks it's OK to trespass and take objects from private property. I said it was not. It snowballed from there, but to say I'm the one being confrontational is pretty disingenuous.

flies-only, I agree with you. You are not be "confrontational". You are totally within the purpose of a hobbyist forum like this. Which is: To discuss the pro's & con's of issues related to the hobby. There is nothing wrong or confrontational on your part. You have very valid views, good ability to challenge others to see them, and .... I appreciate it.

even if we agree that the photographer did, indeed, trespass, that that act is in no way the same as a detectorist doing his (or her) thing,

Hmmm, ok, so you're saying that the reason the photographer didn't get castigated, was because there is a difference in the level of "wrong-ness" of the differing actions. Photography = innocuous, and harmless. Right ? But md'ing = theft, therefore not innocuous and not harmless.

Have I summed it up ? Then here's my answer : If md'ing constitutes theft, then you're correct. I'm just wondering why people don't extend this definition to public land too ? Yes, they are no long "trespassing", but yes they are still technically "removing things " (aka theft). The REASON none of us tends to think of it that way (not even the LEO's who see us on the beach or park) , is that we INTUITIVELY KNOW that there's a BIG difference between the seated dime in the city museum versus the seated dime in the park turf. Is there a technical difference ? NO. So in that sense, you're absolutely right . But since we're going by "technical defintions" in that case, then so-too-would you need to be consistent and apply this to laws governing public land as well. Yet as you can see, no one does. That's because we intuitively know there's a difference.

Let's back up to a older post (before you were on the forum) that prompted me to wonder about this : There was a post once, where a guy was hiking through the woods (walking his dog, bird-watching, or whatever). He chanced upon a cellar hole foundations in the middle of nowhere, during his hike. He stops, takes 5 or 6 pix while walking 360* around it. Then posts the pictures wondering "Can I metal detect here ?" and "How would I get permission?", etc...

And it struck me as odd that the guy was clearly already there, deep in the woods, walking around doing whatever he was doing. And obviously .... that was a non-issue. So it struck me as odd that the fellow would have no problem tromping around on this land, yet .... wonders about permission.

And it boils down to this: All of us tend to classify whether or not our actions are harmless and innocuous (like bird-watching, photography, or hiking), versus something that's beyond-the-pale, thus "needs permission". And if we start with the premise that md'ing is inherently akin to "theft", then sure: Everything you say logically follows. And all I'm trying to do is point out that ......... to the contrary, we md'rs DON'T consider our hobby "theft". Yes it *IS* technically theft, but we are entirely inconsistent in how we apply it.

If the photographer hadn't been "given a pass" , and he'd had equal castigation, I'd have never have entered into this conversation. I have always considered md'ing to be benign, harmless, inncuous, educational, nutritious , etc.... Just like photography. Does that survive a "technical" test ? No . Nor do we apply the "technical test" to other places we hunt, is all I'm saying.

Are both crimes equal?....

Not when one is harmless and innocuous. And the other is harmful and theft. In which case, they would not be equal. Which is why I keep saying that it is apparent that you classify md'ing as "harmful" and "theft".
 
The worst part about detecting private property is sending Tom his 1/3 finders fee! I don’t make the rules but I follow them


Yes. When you cross over the state-line to the CA side, you know my "cut" is due. And yes, I received your recent package of silver coins . Thankyou :cool3:
 
flies-only, I agree with you. You are not be "confrontational". You are totally within the purpose of a hobbyist forum like this. Which is: To discuss the pro's & con's of issues related to the hobby. There is nothing wrong or confrontational on your part. You have very valid views, good ability to challenge others to see them, and .... I appreciate it.
Thanks. I will admit to sometimes maybe taking things a step too far...but I do enjoy a spirited debate. I’m sure if we ever get a chance to meet in person, we’d get along quite nicely…provided you enjoy IPAs and /or a good single malt. :)
And just so you know (please don’t tell anyone else here on this forum what I’m about to tell you, most of them think I’m a confrontational jackass and I wouldn’t want to rock their World), but I wholeheartedly agree with most of what you’re saying as it relates to detecting on public lands. I agree that asking permission to hunt at schools or local parks may have detrimental effects. It wasn’t something I considered until you pointed it out. But this discussion is about removing items from PRIVATE property without permission, which is a whole different issue.



Hmmm, ok, so you're saying that the reason the photographer didn't get castigated, was because there is a difference in the level of "wrong-ness" of the differing actions.
I’m not just “saying it”…it’s a fact. The photographer took nothing more than a picture. The detectorist removed a physical object without permission. That’s stealing. It’s not just my opinion, it’s the law. If we conclude that the photographer trespassed, as did the detectorist…but then each person conducted their respective hobbies…the two ultimate crimes are not equal. Both are guilty of a trespass, but only one is additionally guilty of a theft.



Photography = innocuous, and harmless. Right ? But md'ing = theft, therefore not innocuous and not harmless.
On private property without permission...yes. It the only possible answer. Removing an object from private property without permission is stealing. Taking a picture is not stealing.



Have I summed it up ?
No, because you once again refuse to acknowledge that we're discussing private property. If you want to discuss public property, then that's fine...but that would be best in another thread, not this one.



Then here's my answer : If md'ing constitutes theft, then you're correct.
It's theft if you do it on private property without permission.



I'm just wondering why people don't extend this definition to public land too ?
Because it's not the same thing.



Yes, they are no long "trespassing", but yes they are still technically "removing things " (aka theft). The REASON none of us tends to think of it that way (not even the LEO's who see us on the beach or park) , is that we INTUITIVELY KNOW that there's a BIG difference between the seated dime in the city museum versus the seated dime in the park turf.
Then why do you keep bringing it up, if you know that there’s a big difference between the two? You’re essentially arguing against your own argument.



Is there a technical difference ? NO. So in that sense, you're absolutely right . But since we're going by "technical defintions" in that case, then so-too-would you need to be consistent and apply this to laws governing public land as well.
No, I don’t not have to apply laws governing actions on private lands to actions on public lands.

Oh, and by the way, it’s spelled “definitions”. (sorry, couldn't resist)



Yet as you can see, no one does. That's because we intuitively know there's a difference.
I know. So again I ask…Why do you keep bringing it up?



Let's back up to a older post (before you were on the forum)…
Wait…what!!! This Forum existed before I was here!! No way!! :)



…that prompted me to wonder about this : There was a post once, where a guy was hiking through the woods (walking his dog, bird-watching, or whatever). He chanced upon a cellar hole foundations in the middle of nowhere, during his hike. He stops, takes 5 or 6 pix while walking 360* around it. Then posts the pictures wondering "Can I metal detect here ?" and "How would I get permission?", etc...
Was he on public lands or private lands? If he was on private lands, did he have permission to be there? Now, based on the story, I think we can assume that if it was private land, he obviously didn’t have permission, since he then enquired about getting permission and detecting. Therefore, to have continued and actually detect and then remove items from the property would have been stealing…an additional crime tacked on to the crime of trespassing.




And it struck me as odd that the guy was clearly already there, deep in the woods, walking around doing whatever he was doing. And obviously .... that was a non-issue. So it struck me as odd that the fellow would have no problem tromping around on this land, yet .... wonders about permission.
Well, all he had done thus far was likely trespass and take some pictures. He had yet to do any metal detecting and then…and here’s a very important difference between photography and metal detecting…and then physically remove items of potential great value. Doing so would be an additional crime than simply trespassing.




And it boils down to this: All of us tend to classify whether or not our actions are harmless and innocuous (like bird-watching, photography, or hiking), versus something that's beyond-the-pale, thus "needs permission". And if we start with the premise that md'ing is inherently akin to "theft", then sure: Everything you say logically follows. And all I'm trying to do is point out that ......... to the contrary, we md'rs DON'T consider our hobby "theft". Yes it *IS* technically theft, but we are entirely inconsistent in how we apply it.
For reasons I cannot understand, you seemingly still refuse to acknowledge the difference between public and private lands. That whole concept is tantamount to this entire discussion.




If the photographer hadn't been "given a pass" , and he'd had equal castigation, I'd have never have entered into this conversation. I have always considered md'ing to be benign, harmless, inncuous, educational, nutritious , etc.... Just like photography.
And if you would have simply admitted that removing an object from private property without permission is not equivalent to taking a picture, this would have ended after one post. Oh, and it’s spelled “innocuous”, just so ya know.
I normally don’t stoop to correcting ones spelling errors. But hey, turn-about is fair play. Can we at least agree to not stoop to something this petty anymore? Surely we can agree on that, yes :)




Not when one is harmless and innocuous. And the other is harmful and theft. In which case, they would not be equal. Which is why I keep saying that it is apparent that you classify md'ing as "harmful" and "theft".
But I do not classify it as such…which means…well…I do not classify it as such…so quit saying that I do. I’ve never defined it in that way. I have no reason to define it in that way.
 
Thanks....


Flies only, I've studied our recent volleys and I think I've got it figured out :

Here's the things we agree on:

1) that a photographer trespasses to take a pix

2) that the md'r trespasses to metal detect.

3) Hence both are in-the-wrong.

4) But the photographer is not called out on it. We mutually agree it's in the "no one cares" category of life. Right ? Why ? Because his actions are harmless.

But where we diverge is on the question of "Can the md'rs actions be of-the-caliber that they are not harmless and thus ignored ?" And we have both concluded that , yes, technically ... md'ing is stealing . Why that doesn't likewise therefore apply to public land, is ... yes ... another thread that would be an interesting thread. Because it's a law every single one of us breaks.

Have I summed it up ok so far ?

If so, I think I've pinpointed the reason for the on-going difference of stances : I think it's boiling down to the definition of "trespassing". In-so-far as it concerns the mental images conveyed for our question .

The type places I'm envisioning, is the corner weed strewn lot with shopping carts and the short-cut trail across it. Or the field at the end of the suburbs where everyone walks their dogs and kids ride their BMX bikes at . And places where .... like the photographer example, no one would "bat an eye" about "stepping off the sidewalk".

If you were envisioning people's front yards type of thing, Then we'd be in agreement. I have always understood this discussion to be the type places where it's a non-issue . Ie.: To simply be walking there. As in the case of the man walking his dog or taking pictures.

Can we agree on this ?

And if so, can we start a separate thread about whether-or-not md'rs are violating "harvest and remove" laws on public land ? Not that that will stop either of us (or any other md'rs) from doing it. But none-the-less it does shed interesting light on the definition of md'ing.
 
Had a friend that was detecting “private property”/ abandoned house. Someone called the police on her. Police responded and informed her she was doing nothing wrong as the home did not have a gate into the property and there were no signs. Hope that helps clear up some of this discussion!
 
Let’s say I went to the park, HS football game etc.... I lost my wedding band. I go home, grab the ACE 400 and head back to locate MY lost property. Upon locating it and then removing it... did I just steal it? So many angles...
 
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