Bell, no, I'm not offended. This needs to be discussed. Because when you think of it, if you are right, you just essentially outlawed detecting in most states, on all but private land. Because think of it: If you were to go down the list of state laws in the FMDAC link, you would find that most of them have dire sounding rules, right? ie.: if not downright "no's", then at least "inquire at each kiosk you come to" or other such cultural heritage morphings, right? I think only a scant few of the 50 states, on that FMDAC link, simply say "Yes, go ahead".
And the rationale was simple, when that list was formed, years ago. It was the same rationale that was used to make Grim's book "Treasure Laws of the United States": The guy merely sent a letter to all 50 states, with a letter to the head of each state park's dept, asking "is there any prohibitions against metal detecting" or "what are your laws/rules regarding metal detecting" or something to that effect. Then he just sat back, and waited for 50 replies to roll in. He puts them in his book. I think the FMDAC's list was compiled in the same way ..... or ..... simply taken from previous citations, which were, themselves, gotten from this method. Hey, who better to ask than a bureaucrat in that state itself, right? Doh!
But herein lies the problem: When whatever desk-bound bureacrat, decades ago, gets a letter like that coming across his desk, what do you
THINK the easy answer is going to be?
While there may be (or may have been) innocuous beaches, parks of non-historic nature, or boondocks no one cares about, yet on the other hand, there might be historic themed monuments too, in each state. Obviously the person fielding this inquiry can't separate them all out, and say "yes for these 10, no for these 4, yes on the west side of this one, but no around the historic cabin, etc...." So guess what the easy answer handed down was? And mind you, in a lot of these states, these results were a surprise to those who had gone, un-bothered, to state parks there, since the dawn of time! Doh! So it's almost like we hobbyists, were our own worst enemy, getting things morphed to apply to us, to "address our pressing question".
But now that that damage is done, and now that we have these laws bent to apply to metal detecting, well then, here we are! The next question is the present one: Do these laws apply down to the city and county level land? Because if you're right, then you just effectively outlawed detecting in most states, except on private land.
I have a company attorney on retainer, that I am going to run this through, on Monday. It might take a few days for him to research it. I'll get back to the forumites here, and make it a new post.
Another thing I might add, is in the preface to Grim's book, he makes specific mention that his research was only for federal and state levels. He has a few sentences in there that it would be prohibitive to research this down to county and city levels, as there is just too many of them (especially when you start talking about the hundreds of thousands of cities across the USA!) Now why would Grim have said something like this, if the state-level laws, were by necessity going to be exactly the same down to city or county level? Thus, it has always been understood, that state level laws (like rules of conduct at park levels, for instance), can be different than city or county level parks.
At least this has been the common understanding of it. I will report back what my lawyer connection says.