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An Interesting Fact From Poland


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I wanted to share what threatens in Poland for using the detector.

For your passion in Poland, you can go to prison for 8 years ?. You can have the landowner's permission, you can have permission from the government, and you still have eight years of danger. Legally, you can detect only on the beaches. Appreciate that you can practice your hobby.

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RedHat -- 

If you have the landowner's permission, and permission from the government, then who is it that you would be in trouble with?  I am not "doubting" what you say, just trying to understand.  It seems like the government should be the highest authority, no?

Wow.  That is terrible...

Steve

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The problem is to determine what is a relic. The law does not define it. In addition, everything that is underground belongs to the government, even on your land. If you find something and give it back you can be accused of destroying relics. Permission that you obtain from the government does not protect you. Sorry for my English. A lot of detectors risk their freedom for our hobby. Recently, the man went out with the detector, someone informed the police, they caught him with two buttons, they made a search at home. He is waiting for the trial. You can check here

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I’d sure get that application and stamp going just to be safe. Sorry you’re under the gun there RedHat. Good luck and stay safe!

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Metal Detection in Poland has been severely limited for the past 2-3 years .., Because it does not define exactly what is historically valuable from a common find ....- so practically you should not dig anything out of the earth ..- even when excavating common objects ....
 
Even though there are exceptions to detectors who have special field detection permits that are not marked as archaeological sites ...

So ..for the ordinary detectorist  there is only a place to detect it is Beach ...

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In the United States we have the Antiquity Act of 1906. It states that digging items over 100 years old on public land is a federal crime. There is a possible exemption for coins as legal tender, but that's it, and even that is not a license to detect wherever you want.

Then came the Archaeological Resources Protection Act of 1979 (ARPA) which can take the limit down to 50 years in some cases. A case involving ARPA and I believe by extension the Antiquity Act means you can be prosecuted under Federal Law for recovering old items on private land without express written permission from the property owner.

You scoff? Not a big deal really? The maximum criminal penalty under the Act is five years in prison plus a $100,000 fine. Maybe that will perk you up. But they don't really go after anyone, right?

See US v. Gerber, 999 F. 2d 1112 - Court of Appeals, 7th Circuit 1993

In the above case Mr. Gerber was sentenced to 12 months in prison and lost on appeal. More fun facts is you can face accessory charges for the illegal sale of stolen property (if you sell stuff like Gerber did) and transport of stolen property across state lines. All your equipment and vehicles involved can be seized.

The truth is these laws have been applied to almost nobody and there are not troops of agents out there looking for this kind of thing. It's more something they have as a hammer they can drop on you in egregious cases, like sneaking into a historic park. This stuff is on the books though and any serious relic hunter would be remiss in not getting educated on these laws. Posting a photo on the internet with embedded GPS coordinates could send a person to prison.

Sorry to hear about the situation in Poland. It's actually more the norm than not, and we are not so different here as people think. It's only due to loose enforcement that many people are doing what they are doing.

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Here in Belgium you are legally obliged to:

1) Get permission from the landowner.

2) If you find anything older than 75 years, declare it to the authorities.

3) Provide safe keeping for the entire finds pouch, including trash. Untill the authorities decide what to do with it. They keep it,... you keep it,... they launch a full on archeological dig.

Oh,... and you have to register yourself as a Metal detector user.

The law stops at the high tide line,... and that’s where I start ?

I really don’t need the extra hassle during my hobby hours.

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Wonder if some of the vintage round pull tabs merit being considered antiquities? Be hell of a lot of paperwork declaring all of those!

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We had WW1 and WW2 over here. During WW1 they used shrapnel shells. There are fields in "Flanders Fields" where you can easily detect a half pound of lead shrapnel in a few hours detecting.

The Law makers have just gone completely, utterly,... Bonkers.

Or they are trying to keep the citizens safe,... because you don't have to go detecting an awfull lot to find an unexploded WW1 shrapnel or musterd gas shell. 

Anyways,... I certainly didn't dig large iron. And these days prefer the small signals.

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