Metal Detecting Laws And Regs In The USA

[Trailryder42]

Hey all,

While reading up on and watching YT vids on the current tech, product performance reviews and such, learning the lingo, narrowing down what I would want to do with a unit and narrowing down possible equipment if I were to jump into this hobby, until now, after reading some others posts from here and around the world, it never dawned on me to consider what kind of bureaucratic BS, restrictions, laws and such that metal detecting is susceptible to in the US.

Gaining permission from private property owners is a no brainer, but other than that....................?

Do you have to register them or are we required to purchase a yearly permit to use them?

Can we transport them across state lines without being concerned about each states reciprocity?

What about being in possession and use of a dectector while lawfully carrying a firearm?

May sound like crazy questions, but that's the country we live in and it's only getting worse.

Any resources on laws and regs you can share?
 

 

[Steve Herschbach]

First off if you go looking for reasons not to go metal detecting there will be plenty of people who will tell you no. The rules can be complicated and even kind of scary if you dig into them too much.

I advise common sense. Anything marked as a historic site / historic park is almost bound to be a site where it is illegal to use a metal detector. If the idea is preserve and protect, stay away. That includes all National Parks in the U.S. It is illegal to even have a metal detector in your possession in many and illegal to detect in any of them. State Historic Parks? Stay out.

Relic detecting on federal land puts you in automatic violation of the law as regards antiquities if the items are over 100 years old, and very often 50 years old is now a cutoff date around historic sites. Detecting for gold on federal land open to mineral entry (that is the critical factor that simply means open to claim staking) on the other hand is protected by law. So it is not just where you are but specifically what you are doing that matters. And on land open to claim staking figuring out what land is claimed and what is not is a challenge also.

Local jurisdictions vary a great deal. One person leaving holes in a town park means that town may have made all metal detecting illegal in public spaces. This is a slow but seemingly inevitable process that almost never reverses, so we are losing ground every year.

Most towns have no rules at all, but are just waiting for one idiot to ruin it for us all. Some towns have a free permit. Some a permit with a fee. My main protection? Stay invisible. I never hunt with groups in town and basically avoid viewers. I love rainy days, early mornings, whatever. And always leave no trace. People show up, I usually move away or leave.

I never call anyone to ask permission in a new town. The person you will call usually knows nothing, and says no to be safe. I search online for local rules, and if I find them I abide by them. If not, I go do my thing and stay invisible. At worst a person may approach and say you are doing something wrong. I always immediately apologize and leave, even if I know I might be in the right. There are 1000 places to detect and I will not do anything to raise my profile, including arguing with people. The reality is however I have only been told a couple times in 40 years I was in the wrong place. Metal detecting is the wrong place is a pretty innocuous offense and getting anything more than a warning would be very unusual.

If I am in a strange place and see a groundskeeper I always ask them. They are the ones caring for the place and so I give them respect for that and make sure I am doing things to their satisfaction. They always seem to appreciate it.

No point in trying to compile rules here as there are sites just for that. Here is one.

[IDdesertman]

Lots of good info above. This in particular is worth highlighting.... 

Quote

My main protection? Stay invisible.

 

[LipCa]

45 minutes ago, Steve Herschbach said:

Stay invisible

Yes!!

[Hard Prospector]

I was out detecting in the desert some years ago when a BLM/LEO approached me and struck up a "friendly" conservation. He then went on to ask if I had found any interesting relics.  I just said;  "Nope,  I'm prospecting and this detector is tuned only to find gold."  He seemed more than a little disappointed that I didn't bite and quickly drove off.

[Steve Herschbach]

As regards gold prospecting on federal land that is open to mineral entry and not under claim by some other party the key question is what triggers the need for a Notice of Intent. This is the lowest level of paperwork requirement. The CFRs were specifically changed in 1995 to clarify this requirement as regards metal detecting and a few other specific methods. I recommend having a copy of this on hand for reference if questioned. You must be on unrestricted federal land open to mineral entry and not on another persons mining claim.

Forest Service http://www.fs.fed.us/emc/nepa/oged/includes/leasing_regs_36cfr228.pdf

(1) A notice of intent to operate is not required for:

(i) Operations which will be limited to the use of vehicles on existing public roads or roads used and maintained for National Forest System purposes;

(ii) Prospecting and sampling which will not cause significant surface resource disturbance and will not involve removal of more than a reasonable amount of mineral deposit for analysis and study which generally might include searching for and occasionally removing small mineral samples or specimens, gold panning, metal detecting, non-motorized hand sluicing, using battery operated dry washers, and collecting of mineral specimens using hand tools;

BLM Casual Use https://www.govinfo.gov/content/pkg/CFR-2011-title43-vol2/pdf/CFR-2011-title43-vol2-sec3809-5.pdf

"§ 3809.5 How does BLM define certain terms used in this subpart?

As used in this subpart, the term: Casual use means activities ordinarily resulting in no or negligible disturbance of the public lands or resources. For example—
 
(1) Casual use generally includes the collection of geochemical, rock, soil, or mineral specimens using hand tools; hand panning; or non-motorized sluicing. It may include use of small portable suction dredges. It also generally includes use of metal detectors, gold spears and other battery-operated devices for sensing the presence of minerals, and hand and battery-operated drywashers. Operators may use motorized vehicles for casual use activities provided the use is consistent with the regulations governing such use (part 8340 of this title), off-road vehicle use designations contained in BLM land-use plans, and the terms of temporary closures ordered by BLM. Code of Federal Regulations / Title 43 - Public Lands: Interior / Vol. 2 / 2010-10-01780

(2) Casual use does not include use of mechanized earth-moving equipment, truck-mounted drilling equipment, motorized vehicles in areas when designated as closed to “off-road vehicles” as defined in § 8340.0-5 of this title, chemicals, or explosives. It also does not include “occupancy” as defined in § 3715.0-5 of this title or operations in areas where the cumulative effects of the activities result in more than negligible disturbance.

 

 

Note that although the BLM mentions "may include use of small portable suction dredges" may is the key word and in fact all states now require a permit to run a suction dredge. While BLM may administer the land and not require notice for running a small dredge the water falls under other state and federal agency jusrisdiction. In general assume anything with a gasoline motor and that discharges water into a stream may be subject to some level of permitting.

[Hard Prospector]

Detecting at the beach, I drag around a divers mesh bag attached to my belt. I keep all the garbage I detect (within reason) and it goes in  that bag. I'm usually done detecting about the time the life guards come on duty  in the morning.  I purposefully empty that mesh bag in the trash can at the main lifeguard headquarters so they can see all the crap I've pulled out of the sand.

There's an old saying;  " Nothing wrong with keeping the bread buttered."

[Trailryder42]

Thanks for the resource links and info.

I've also been trying to think of locations to detect around me, one being a local state park. Over the years I've hiked miles thru several washes there that see lots of water flow after a rain. Lots of interesting geology that is just crying out to be searched.

I probably should try to search for any detectorists near me, see if there's a community of liked minded folks to hook up with. 

[Trailryder42]

Heard back from one of the local clubs I emailed. One did go defunct(a gem society), but their members and charter were absorbed by the other. I'm told the club has about 40-50 active members. They have club meetings once a month. Guess I'll go check them out and see what they're all about and how many are gem folk and how many knowledgeable detectorists there are. Should find out quickly if this area of the country will support a metal detecting hobby.

I'm having to remind myself, this is the Texas Panhandle, not the beaches, forests nor woodlands, not the Outback, not Colorado, Arizona nor any of the awesome parts of the country/world that I see YT videos of folks enjoying their hobby.

Seems to be a recurring theme for me as of late. Wanting to take up hobbies/sports that are not well suited to where I live. lol .........