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Went prospecting.. got kicked out.

This is a great thread!
It presents any number of viewpoints well.

The original poster acted well, as he was unsure of the precise circumstances of his surroundings.
If I were he, I would investigate ownership and possible claims on that roadside dirt.
In other words, be prepared in advance.

In some areas of CA we do have places removed from mineral exploration. For good reason!
LoL I was once told of excavation for footings to build a public bathroom in Oroville, where most the crew quit on the spot and began gathering nuggets in a rich paystreak that was uncovered by the backhoe! And there's other examples...

The fellow protecting his claims certainly seems brash, but IS entitled to protect what is his, to the exclusion of all others.
But not quite, if it is only a possessory interest of a mineral claim.
Hikers, flower pickers, dirtbikers and yahoos all have a right to pass over, or dally upon that claim.
Just don't turn on that metal detector as you are passing over the land.
(Bottom line here, seems to me, is Live by the Gun, Die by the Gun.)
And I feel kinda sorry for big tom. Some scrappy little feller with a razor sharp knife, a bad attitude, and a Napoleon complex will dump tom's entrails on his boots one day, and his friends will have to go tell his wife the tragic news and pour bud on his mound.

The enforcement fellows amongst us have attempted to inject wisdom and logic into the scenario.
They are correct, but it just doesn't work, as they well know, because people, are people.
You NEVER know how folks will act, or react.

Scariest individual with a firearm is a 17yr old druggie gang-banger with a stolen 25 auto and a burning desire to make a name for himself. No training or consideration for the event, and most likely no concern for life either way, before or after the event.
Could have stolen the MD same time as the pistol! Gonna get rich, one way or the other!

By golly I caught Mike on one, too! (He's a smart fellow!)
My contiguous claims WERE in the National Forest. It is not only possible, but common.
Trying to get a patent on govt land is a sticky wicket, though...
State and Federal parks are excluded, in most cases.

Someone mentioned taxes...
Yes, I paid county taxes upon my UNpatented claims.
It was a nominal amount on my possessory interest in the land, so said the bill.

Quite a few folks enjoy calling this a hobby.
It's a business.
Prospecting and mining.
It may be a little business, as things go, and perhaps only marginally successful, at times, but each of us are seeking some sort of gain for our investment.

The ticket here, is to assure doing business does not become instantly more costly than you would wish to pay.
HH
rmptr
 
As I understand it if you catch someone in your car stealing your radio and you shoot them or attack them
you are in a world of trouble. Stealing is not a death sentence, if you shot someone for using a metal detector
God help you. And if you attacked them or beat them up for being on your land my guess is they would soon
own that land. This is similar to hunting lands I remember when you could just go out in the country and hunt,
nobody really cared. Now it is all owned or leased and it makes me sad, so many of my favorite places I can't
even walk on anymore.
We are definitely losing our freedoms as more and more land is gobbled up by the government and special
interest groups. The government buys the land and then restricts public use, no hunting or metal detecting or
anything else, the wood peckers are safe though. But I can see the frustration of trying to protect your investment
when real thieves are trying to steal it from you, I would want to bust their head too. The bottom line is this if anyone
tries to hurt me for any reason, logic and diplomacy goes out the door and I will do whatever it takes, and you better
not try to take something that belongs to me either, like my metal detector. You have no right to try and detain me for
any reason, You want my name address and phone number you got it, I will even let you copy it from my drivers license
but don't put your damned hands on me or try to impose your will on me.
I am always armed with either a knife a gun or both, I would never initiate trouble and I have no desire to hurt anyone, but you
start it with me and I will give you all you can handle. And I think most guys are that way especially out in the woods. I would
never point a gun at anyone unless I felt that I or a family member or friend was in some kind of danger by someone. But if
you are breaking into my house you are dead and I will take my chances with the police.
 
This is by far some of the funniest things I have ever read. I am a Law Enforcement officer and in no way do I find a Metal Detector exibiting the force of fear. I think some people might want to read PC 187. Oh, and by the way, I'm a Law Enforcement Officer in California. Some of the people who have mining claims, better remove that nugget from that mining shaft between their butt cheeks before making such stupid comments. This isn't the wild wild west and if I am the one who is to response to the 911 call, I would wrap your butt up and package you for the judge and jury. Mining laws are one thing and they run a fine line. If the man made and honest mistake and was detecting on an unmarked claim, shame on the claimer for not posting the REQUIRED signs. If you ever come across me, I do carry and I have a badge, even when Metal Detecting. If a person points a gun at me, I know where the next piece of metal will be found.
 
Every claim I've ever been on had a nut case lookin for a free ride on it.( I wasn't caim jumping. I met them through other freaks) Too lazy to work it, but sure will protect it. BSers to the max.
I love what DC said! , I'm not in law inforcement, but if I didn't notice a claim marker and someone stuck a gun in my face, They better shoot quick or they'll see the buisness end of my diggin tool.
Then DC could come take me away.
My first thread read here and it really got my goat.
Hope it's usually more sedate.
Today you claim the dirt, tomorrow the dirt claims you. Take it easey!
DFX
 
sounds like you think you are above the law,and take things way to serious,and make threats that could have serious repercussions !!!more people respect the law and no tresspassing signs than you give credit to!!!so like someone said take a chill pill,and dont take life so serious,its only temporary!!!IPEOPLE LIKE YOU ,WITH THAT ATTITUDE IS THE REASON PEOPLE LIKE ME CARRY A WEAPON!!!!BE CAREFUL , B.S.M.G!!!!!!!!!!!!!!have a nice day:rant:
 
bsmg said:
ufo, gold claims are very expensive. they are the personal property of those who have paid for them. when you walk onto another persons property (claim) clearly intending to remove articles of value (gold) without permission, you are stealing. if you don't find anything you are attempting to steal. i am a gold miner. i am cso of the blind squirrel mining group (BSMG). we have tens of thousands of dollars invested in equipment, including metal detectors, to locate and recover the gold that you would just walk up and steal as surley as if i came into your home and carried off your computer. had you entered one of our claims and started waving a detector around, you would not be run off. you would be held at gunpoint until a law enforcement officer came to take you and your detector away. you would be prosecuted to the full extent of the law, and would very likely never see that detector again. my claims are my livelyhood and i do not take kindly to those who would take it away.

there are memberships available to those who would like to hunt nuggets. google new 49ers, gpaa, or chickengold. these are claim holders who will, for a membership fee, allow you to hunt and keep what you find. other possibilities are organized hunts, such as ganes creek. i don't want to keep you from finding nuggets of gold, i simply don't want to hear that you found a nugget of lead.

Scary! People become animals being ready to kill a casual guy with a MD who touched their creek. Women lose their feminity and act like the rude lowest red-neck. "Nugget of lead! " - OMG, how low some people can fall in their greed! Unbelievable!
Excuse me my emotions!
 
I am new to this hobby and at the present I am in Western Australia on a two year work visa.I have asked countless questions about this hobby,relic,coin,water and gold hunting..I do know that if someone has a claim and another persons wants to hunt on it,there is not a thing stopping that person from doing so,[ No Law Against ].
But,on the other hand,you do so at your own risk of injury.I have heard of this being done and most people have respect for another person's claim and stay clear of it..The gold fields of Western Australia is equal to the size of Texas with a population of 10,000 if that. Just think of the gold that has yet been found...


Brandy :coiltec:
 
From what I`ve read in this very interesting thread I`ve came to conclusion that this psycho woman was dead wrong and OP absolutely did not have to leave and that the brave guy who wants to break all ours necks and bones is nothing but a ****** even if he does not like it, but it is true. If my understanding is correct CLAIM is not OWNERSHIP.

Claim assumes ONE right only - that nobody takes any minerals from the ground. It means that NOBODY can be pushed from this land and NO activity at all can be forbidden including MDing. The only thing the detectorist is not allowed to do - to take with him gold nuggets. He may take coins, relics, jewelry etc, but not nuggets. And claim holder cannot order anyone to LEAVE. The only thing that he/she may do - to check what a detectorist took upon his departure and if gold nuggets are found - to call police for theft.

So that woman`s demand that OP leaves the area and stop detecting - WAS TOTALLY ILLEGAL. And it was OP`s big mistake to leave. Now she thinks that she was right in her believe that nobody can touch her claim. It is not true.

Please, if there are more knowledgeable people here who know better - correct me. But as of now I see that ANYBODY can detect in a claim area as much as he/she wishes without removing minerals from the ground. Not true?
 
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