I wonder if I can get thrown in jail for doing this?

[John 'n' W.Va]

I wrote the parks dept. and ask them if MD'ing is allowed in the parks in WV. I didn't see anything in the regulations about it. Since it is not illegal to use a MD'er in itself, just digging and removal is illegal. Can I just go there and a swing a detector and see what beeps. Of course I will have this letter to show the park people when they catch me.
This was their reply.


Mr. $$%%$$,

Metal detecting is not allowed in West Virginia State Parks and Forests. It is not illegal in and of itself but our regulations prohibit the disturbance or removal of any item found.

Thanks,
Patty
WV State Parks
1900 Kanawha Blvd. E.
Bldg. 3, Room 714
Charleston, WV 25305

Phone: (304) 558-2764
Fax: (304) 558-0077

 

[Rob M]

Good question, you may have found the loophole.

 

[John 'n' W.Va]

[quote Rob M]Good question, you may have found the loophole.[/quote]

I wouldn't call it a loophole. I can't dig anything. I don't know where it would get me by swinging a detector. Maybe bring it out to people's attention. Can you imagine if there were about 20 people with MD'er swinging in the park. It would drive them crazy.

 

[awhitster]

Sounds to me like you will just be teasing and frustrating yourself. I can't see the point of swinging if you can't dig.

 

[TuckyTector(InezKY)]

n/t

 

[Neil in West Jersey]

[quote John 'n' W.Va]

Metal detecting is not allowed in West Virginia State Parks and Forests. It is not illegal in and of itself but our regulations prohibit the disturbance or removal of any item found.

[/quote]

This seems vague and unenforcible. According to the letter it would be illegal in West Virginia to clean up trash. I would question if they mean "any item" or "any item of historic significance". Ask for a copy, or a reference as to where you can find the code containing the regulation.

In NYC they say removing any item of monetary value. Is it illegal to remove empty aluminum cans? After all, they do have monetary value. Too many of these codes are vague and would not stand up in court.

 

[Uncle Willy]

Yeah plus one could get arrested by some simple-minded, over zealous cop not well versed on the regulations.

Bill

 

[Uncle Willy]

Yeah especially if yourtector rang up something valuable.



Bill

 

[robert roy]

Think your treading thin ice. There isn't anyone out there in the parks service thats going to buy into that. Your probably an honest fellow but I can see the Park Service guys sitting at their desks reading your letter saying "Yea right!SURE he's not going to dig!"

 

[robert roy]

Its all in the wording, isn't it. If you remove soda cans and sell them then your breaking the law because they are worth about .60 cents a pound here at recycling.

 

[Paul(NWO)]

I asked some park rangers and they said you need a permit from the park director. Technically speaking, yeah everything in the park belongs to the park. However, they allowed metal detecting at the park in Sommersville. Check with the park director and I think you will find out the truth. You probably ran into some person that wanted to exercise the authority that they don't have and/or the knowledge they didn't have
HH.

 

[hole badger]

yes, theres alot of people who try to abuse thier position, I have been having it out with a corps of engineers rep in central Texas, everytime I call I get a different answer. The last time I called she told me I could detect the sand beaches if they were open, but i couldnt dig, I could just poke around with a stick. I educated myself, and got the regs, and called her back, then she changed her story.. She said I could dig, but not huge holes. I told her i wasnt planning to bring a backhoe.. Well after a long heated conversation,, what I found was the SHE detected the beach regularly. I will go to the sand beach when it opens and see if she denies me searching , if she does I will take it up the chain of command to the general of the army corps of engineers and get her fired... Its a shame we have to deal with people like that. If you plan on hunting the swim beaches in the Ft.Worth district corps of engineer lakes in central texas, bring a copy of the regulations with you, because the park attendants will lie to you to try and keep you away. HH HOLEBADGER

 

[cwilk]

I'll have a bail bondsman standing by.

Chris

 

[John(H)]

.........wait until almost dark. Fill you keeper bag with alot of pulltabs and junk. Only dig with a Screwdriver and do not leave any signs what soever of digging. Avoid digging if someone is watching. Now if you are confronted just say that you are "Cleaning the Area for Environmental Reasons", in other words just picking up surface trash! They may let you go on.............but if they are nasty................just leave it is not worth the hastle! Also for the 1st try I may leave my best detector at home..................THINK ABOUT IT.................HH.........Joe

 

[BigCatDaddy]

Forget her!! On any Texas COE swim beach it is OK to detect and dig, we do it every summer!! Just don't get out of the swim area, they get a little testy over that!!

 

[Black Davy]

I guess you better not dig for worm either!!