Metal Detectorists, Know The Laws!

For years I have been interested in the history of my State. This interest has lead me to research and metal detecting.

In my view, metal detecting is more than a mere hobby for retired people. It can be very educational of the way people lived in the past and the lessons we can learn.

Part of the research is the legal requirements for metal detecting. In many areas, one is required to obtain a permit on State land.

I also refer to 1906 American Antiquities Act , 16 U.S. Code § 470bb-Definition of Archaeological Resources ,  EDN § 233. State Museum;  collections made by the staff , 16 U.S. Code Chapter 1B – ARCHAEOLOGICAL RESOURCES PROTECTION and 16 U.S. Code § 470cc – Excavation and removal .

In the Antiquities Act:

  •    Sec. 3. That permits for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and War to institutions which the may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulation as they may prescribe: Provided, That the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public museums.

In 16 U.S. Code § 470cc – Excavation and removal :

  • (a)Application for permit

    Any person may apply to the Federal land manager for a permit to excavate or remove any archaeological resource located on public lands or Indian lands and to carry out activities associated with such excavation or removal. The application shall be required, under uniform regulations under this chapter, to contain such information as the Federal land manager deems necessary, including information concerning the time, scope, and location and specific purpose of the proposed work.

In EDN § 233. State Museum:

  • 4. Except as otherwise provided in subdivision three of this section, no person shall investigate, excavate, remove, injure, appropriate or destroy any object of archaeological, historical, cultural, social, scientific or paleontological interest, situated on, in or under lands owned by the state of New York, without the written permission of the commissioner of education.

The last sentence of the definition of archaeological resource :

  • No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.

In order to metal detect in New York on public land (i.e. State Parks, Nature Preserves), one needs a permit from:

  • the Commissioner of Education
  • the Federal Land Manager
  • the Secretary of the Interior
  • the Secretary of Agriculture
  • the Secretary of War

The criminal sentence for violating EDN § 233. State Museum is a Class A Misdemeanor:

I agree with the permitting process, in the view that State Parks and Nature Preserves should be for the education and enjoyment of future generations.

My question is this, “How many metal detectorists are sending permit requests to the various departments?”

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Division

An election came and passed, you still hold to old thought modes steadfast.

Blaming everything and everyone, yet too afraid to look in a mirror and even though you know the reason for your own misery, the thing is that you don’t want to accept it because it will cause your faulty logic to be wrecked, like a ship going side to side, and you don’t realize that you fell for real lies, sold a bill of goods but you never understood.

The lies you tell yourself, so there is a feeling of belonging, not knowing it is only you that is in the wrong thought/ speech/ clothes/ color.

All you see is what you want to believe, but in the real world no one cares about the feelings of a privileged Ivy League kid that is using their parent’s money to stay in shabby clothes in order to impress others because you have no standards and convictions of your own.

A fascinating fascination with your fascist self, which is projecting and spewing hate filled poison used to pacify logical arguments with facts that are provable because anything outside of your insular safe space is somehow dangerous to your hate speech which you call free speech.

If you think this about you, it is not.

 

American Va

We hold these truths to be self-evident, that all (people) are endowed with life, liberty and the pursuit of happiness.

Does this mean or imply that people can harm others? I argue against that reasoning because one is then denying the rights of life, liberty and the pursuit of happiness to others.

But what if one’s “pursuit of happiness” is to harm others? Well, in that case the individuals join together in order to prevent that from happening. Given that the individuals are able to separate from one another again.

But in doing so, the group is denying the individual’s right to happiness of harming others.

So, what is the best solution? Deny the rights of the general people to “life, liberty and happiness” by ensuring the rights of the harmful individual?

In the end, no just society exists without someone’s “rights to life, liberty and the pursuit of happiness” being infringed upon.

GUNS!!! (Legal Info-Cali)

Hello to all reading this post.


This is a continuation from “GUNS!!! (Legal Information)”. If you have not read that post, please click here.

*Disclaimer: None of this post is to be considered the advice of a lawyer. Please consult a legal attorney before any actions.


California Penal Code § 30515

(a) Notwithstanding Section 30510, “assault weapon” also means any of the following:

(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:

(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.

(B) A thumbhole stock.

(C) A folding or telescoping stock.

(D) A grenade launcher or flare launcher.

(E) A flash suppressor.

(F) A forward pistol grip.

(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:

(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.

(B) A second handgrip.

(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.

(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.

(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

(6) A semiautomatic shotgun that has both of the following:

(A) A folding or telescoping stock.

(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

(7) A semiautomatic shotgun that has the ability to accept a detachable magazine. (8) Any shotgun with a revolving cylinder.

(b) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events.  Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (c).

(c) “Assault weapon” does not include either of the following:

(1) Any antique firearm.

(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (b):

BENELLI MP90 .22LR

BENELLI MP90 .32

S&W LONG BENELLI MP95 .22LR

BENELLI MP95 .32

S&W LONG HAMMERLI 280 .22LR

HAMMERLI 280 .32

S&W LONG HAMMERLI SP20 .22LR

HAMMERLI SP20 .32

S&W LONG PARDINI GPO .22

SHORT PARDINI GP-SCHUMANN .22

SHORT PARDINI HP .32

S&W LONG PARDINI MP .32

S&W LONG PARDINI SP .22LR

PARDINI SPE .22LR

WALTHER GSP .22LR

WALTHER GSP .32

S&W LONG WALTHER OSP .22

SHORT WALTHER OSP-2000 .22 SHORT

(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (b) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon.  The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.

For more info: PEN-SECT-30515 

*Disclaimer: None of this post is to be considered the advice of a lawyer. Please consult a legal attorney before any actions.

The photo above was originally posted by thearmsguide.com.

 

GUNS!!!!!! (Legal Info-Cali)

Hello to all reading this post.


This is a continuation from “GUNS!!! (Legal Information)”. If you have not read that post, please click here.

*Disclaimer: None of this post is to be considered the advice of a lawyer. Please consult a legal attorney before any actions.


California PEN § 30510

As used in this chapter and in Sections 16780, 17000, and 27555, “assault weapon” means the following designated semiautomatic firearms:

(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93, HK-94, and HK-PSG-1.
(10) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11. (B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyer AUG.
(16) Valmet M62S, M71S, and M78S.
(17) Armalite AR-180.
(18) Bushmaster Assault Rifle.
(19) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc. M-11.
(D) Military Armament Corp.  Ingram M-11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc. SS/12.
(d) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991.
(e) This section is declaratory of existing law and a clarification of the law and the Legislature’s intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer.  The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.
(f) As used in this section, “series” includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.

See more at: PEN- SECTION -30510