Metal Detecting Laws; Be Prepared"I broke a treasure hunting law when I was six."
There are no metal detecting laws. However, there are laws of antiquity that may get you in trouble. If you love metal detecting, or you want to begin the hobby? You need to know what and where you can dig.
Important: Do not take this page lightly.
The information contained here could save you many hours of headaches, attorney’s fees and the frustrations of bureaucracy. Many beginners to the metal detecting hobby ask me. "Are there metal detecting laws?" "Are there treasure hunting laws? I'll explain everything here. Before I begin, I would like to make a disclaimer.
I do not have a personal agenda against, nor do I dislike Archaeologists.
I would not be against any metal detecting laws, or treasure hunting laws that would protect Indian sites.
You will understand more about the above statement as I continue.
Metal detecting laws, or treasure hunting laws? Is there a difference? Find out here.
There are no Federal metal detecting laws...but that can change...keep reading! However, we must follow the Federal laws that have to do with the removal of antiquities. Especially when removal of an object is on State land or parks.
Metal detecting laws exist in many park areas. They are more of a rule or an ordinance that was passed by a town or village.
Pretending To Be Blackbeard The Pirate-How I broke Treasure Hunting Laws When I was Six. When I was a young boy I participated many times in a playful act that many other young children have done for generations, I played in the dirt.
My friends and I would pretend to be pirates.
We would secretly bury small toys or pennies, draw treasure maps, hide the maps, search for the maps, find them, and then dig for the buried cache that our treasure map had shown.
Sometimes we would dig anywhere we could. Many times to our surprise we would uncover coins or toys that others had buried or lost.
Little did we know as young children, that even though we were not breaking any treasure hunting laws, or metal detecting laws, we were breaking a Federal law.
Metal detecting US Forest lands is also off limits. Even though there are no Federal metal detecting laws that state you cannot metal detect them. Please keep reading and this page will become better understood.
Metal Detecting Laws...Treasure Hunting Laws? Let's be serious! I guess it was those playful acts as a child wild digging for Blackbeards cache which has led me into the world of history, treasure hunting and metal detecting. Nor am I alone in the hobby.
There are millions of people across the country that participate in the hobby of metal detecting, as well as other hobbies such as bottle hunting and rock collecting. Metal detecting laws have been in exisitance in other countries.
I'm sure that you have a fascination with holding a piece of history in your hands, or else you would not be on this page.
However, if you enjoy searching for relics on a regular basis, or for those of you who enjoy any other outdoor activity, you may be breaking the law, and you could end up in jail.
Don’t believe me? Read the stories below.
A father and his ten-year-old boy were trout fishing in a creek in New York State. The young boy happened to notice a small, pointed stone, lying on the creek bed. Of course being the inquisitive boy that most youngsters are, he picked up the stone and showed it to his father. His father knew right away that his young son had just found an Indian arrowhead. The boy was elated with his find. He was so excited that he put down his fishing pole and continued searching for more arrowheads. Unfortunately the youngster only found one. But the story doesn’t end there. As the two walked back to their car at the end of a fine day, two gentlemen were just getting out of their vehicle; they were parked next to the boy and his dad. They exchanged greetings and the two men asked how the fishing had been. The father said they had not caught any fish. Immediately, the ten year old, his eyes still wide with excitement took the Indian arrowhead from his pant pocket and said “But I did find this.” One of the two men was an Archaeologist. The other individual was a DEC (Department Of Environmental Conservation) worker. The Archaeologist proceeded to interrogate the father and his young son. He told the two that they had broken the law by removing the arrowhead from the ground. He also told the young boy that if he were older, he would have pressed charges and had him arrested. The father became irritated at the Archeologists remarks and when he told the Archaeologist that he would turn him into the State, the Archaeologist produced a 3 ring binder that held a law that he showed to the man. This law, section 233 of the Educational Law of NYS I will explain in a moment. However, the Archaeologist showed the father how his son had just broken the law, and if the father continued to be irate with him then the Archaeologist would have the DEC officer press charges. In addition to the harassment the two had received from the Archaeologist, the Archaeologist confiscated the ten year olds arrowhead, which he has the right to do under Section 233. The youngster was heartbroken and scared. He could not understand what he had done wrong. Here's another story! A family was camping on State Land. They were enjoying a day in the sun in the great outdoors. The seven-year-old daughter of this family was having loads of fun picking up small, colorful rocks that lay on the ground around the campsite. At mid-afternoon the local DEC officer stopped by to check on the family. He noticed the little girl playfully picking up rocks and placing them in her small purse. The officer informed the parents that the little girl was breaking the antiquities law and that she must put the rocks back where she found them. When the father said. “Give me a break, would ya?” The officer then threatened to lock him up if his daughter did not put the rocks back. Are you beginning to get the picture? Here's another story! These people are not breaking metal detecting laws, but they are ruffling some feathers. A woman was picking up old bottles in the vicinity of a ghost town on State land. As she was doing so a car drove by. The woman’s fortunate luck in finding the bottles was about to change. The passengers in the car were two Archaeologists who happened to be working on the wetlands in the area. Of course they stopped to ask the woman what she was doing. When the woman showed them her bottles, one of the Archaeologists told her that she had just broke the law. The reason, he told her, was because the bottles were over one hundred years old and thus belonged to the State. The woman was shocked. As she reluctantly gave the bottles to the two Archaeologists, one of them told her that “he was tired of people picking up history for their own use”, and he was going to have her served with a summons.
I have hundreds of more stories just like these.
They come to me from across the country. You may be wondering why these stories come to me.
Perhaps the reason is because of my metal detecting TV series, Exploring Historys Treasures that upset archaeologists in New York State when the series first aired.
Even though we filmed on private property with the owner’s permission, and we knew that we were not breaking any metal detecting laws, or treasure hunting laws, we became a target of harassment from archaeologists around the country.
Suddenly I was thrown into the national spotlight. The archaeologists believed I was breaking the law by digging up artifacts. They were upset that I was playing in the dirt in an area where they wanted to play. Click The Link Below For More Information About My TV Series
Remember, there are no metal detecing laws, or treasure hunting laws.
However, the above hobbies do fall within the jurisdiction of both Federal and State Laws.
And many times they are construed as metal detecting laws. This federal law goes all the way back to 1906.
The ARPA law was updated in 1979.
The ARPA law was not a metal detecting law. There were no metal detectors in 1906.
Even though this law is not a metal detecting law. But you must obey it.
The Antiquities Law remember is not a metal detecting law, but reads as follows. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than ninety days, or shall suffer both fine and imprisonment, in the discretion of the court. Metal detecting laws-treasure hunting laws, OH NO And if ARPA wasn’t enough, in 1966 another federal law the National Historic Preservation Act was passed with the intent to protect our cultural resources. I quote that law here: This law was not a metal detecting law either. However, we are not allowed to dig. National Historic Preservation Act of 1966 · This act supplements the provisions of the Antiquities Act of 1906. The law makes it illegal to destroy, excavate or remove information from Federal or Indian lands any archeological resources without a permit from the land manager. Permits may be issued only to educational or scientific institutions and only if the resulting activities will increase knowledge about archeological resources. Regulations for the ultimate disposition of materials recovered as a result of permitted activities state that archeological resources excavated on public lands remain the property of the United States. Archeological resources excavated from Indian lands remain the property of the Indian or Indian tribe having rights of ownership over such resources.
In 1979 the ARPA law (Archaeological Resources Protection Act) was passed to read as follows: This law did not mention any metal detecting laws, or treasure hunting laws either. The Archaeological Resources Protection Act Of 1979 The term "archaeological resource" means any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this chapter. Such regulations containing such determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under the regulations under this paragraph, unless found in archaeological context. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.
· No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under section 470cc of this title, a permit referred to in section 470cc(h)(2) of this title, or the exemption contained in section 470cc(g)(1) of this title.
There you have it, three federal laws that are in existence to protect the history of this nation. I agree that some sorts of laws are needed.
Especially when it comes to the sacred Indian sites. Metal detecting laws and treasure hunting laws should be explicit in this area. Over the years sacred Indian sites have been the targets of unscrupulous relic hunters. These individuals destroy those sites by digging up sacred relics. And then many times those items are sold illegally on the black market.
However, the above ambiguous laws are also causing problems.
Again, it's important to understand that the above laws are not metal detecting laws or treasure hunting laws. But can you see how the laws effects everyone who enjoys the outdoors and history?
As you can see in the above stories, there are individuals who pursue hobbies of collecting relics because they love history. These individuals, like myself, and perhaps you as well, enjoy not only locating these objects, but also sharing them with family and friends.
We do not loot sacred burial grounds or destroy property in order to locate these relics.
Yet, we are being painted as "looters", "grave robbers", and "thieves" by the archaeology community.
Archaeologists are treating the above laws as if they were metal detecting laws. All across this country, many Archaeologists are fighting the hobbyist for all relics that are below the ground.
Here in New York State, the archaeologist had the age of what an artifact is as any item over 50 years old. The above ARPA law of 1979 states that, no item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.
Suddenly a coin that is 99 years old and not termed an archaeological resource, instantly with the stoke of a pen, becomes an archaeological resource because now its 50 years old.
And, that 99 year old coin is only an archaeological resource in the State of New York. The NYS law is not a metal detecting law, but does relate to the digging of artifacts. Here is the definition of what an Archaeologist is:
From Wikipedia, the free encyclopedia. Archaeology) is the study of human cultures through the recovery, documentation and analysis of material remains and environmental data, including, architecture, artifacts, biofacts, human remains, and landscapes. Archaeologists study artifacts which are anything showing signs of human use or modification. They are concerned with all members of, genus homo. The goals of archaeology are to document and explain the origins and development of human, culture understand, culture history, chronicle cultural evolution, and study human behavior and. Ecology. It is the only discipline that possesses the method and theory for the collection and interpretation of information about the pre-written human past, and can also make a critical contribution to our understanding of documented societies.
I mentioned earlier that I do not have a personal agenda against the Archaeological community.
However, I do have issues with how most Archaeologists interpret the above laws. Nor are my concerns about these interpretations mine alone. Thousands of individuals across the country, who enjoy the great outdoors, have expressed their concerns about how the Archaeology community views us.
It’s important that you understand that these issues I am talking about are the issues that deal with the State Lands and parks.
Metal detecting US Forest Lands is also off limits.
As long as you have permission from private property owners you do not need to worry about being arrested for picking up a piece of history.
Archaeologists: The Supreme Diggers For years, Archaeologists across the country, as well as state bureaucracies, have manipulated the American Antiquities Act of 1906, ARPA, the National Historic Preservation Act, and many State laws.
The Archaeology communities have bended, stretched, and remolded the above Federal laws to aide their agenda.
What is their agenda? Their agenda is to control every item of history.
This includes every relic, artifact, coin, bottle, pottery and Indian arrowheads, etc, that lay beneath the grounds surface.
I have already stated that Archaeologists are needed in certain instances.
However, Archaeologists believe that no individual, other than he or she has the right to dig up and explore history.
Remember those stories above?
The Archaeological communities have forced their hand of power as the supreme diggers of dirt. They have reshaped the above laws so that if anyone other than an Archaeologist digs on State land and retrieves any artifact of historical significances, then that individual is breaking the law.
The Archaeologist along with both Federal and State officials has used phrases such as, any item of an historical significance, or any artifact of cultural significance to fit their agenda. The generic terms of cultural and historical significance means that the layman cannot dig any history found on state land.
The problem here is in the interpretation or definition of what cultural and historical significance mean.
Is a coin dated 1850 as significant as a piece of pottery from 4000 years ago? I don’t think so! And if it is, who decides and how? The Archaeologist does.
Now here is the problem. Archaeologists have always been more concerned with what artifacts they could find on pre-historic sites. We’re talking about the artifacts from thousands of years ago.
Archaeologists never bothered with artifacts from the 1800’s.
However…and this is important.
As more individuals began to enjoy the hobbies of rock collecting, relic hunting, bottle digging, and especially metal detecting, and then a TV series like mine comes along showing viewers how to dig more relics, suddenly the Archaeologists begin to stir.
The Archaeologist community did not like the fact that so many others were suddenly digging up what they, the Archaeologist believed belonged to them.
Remember, there are no metal detecting laws, or treasure hunting laws that discourage you from participating in the hobby.
Now that modern coin from 1850, a coin the Archaeologist never had any interest in, suddenly became a piece of historical significance…there’s that term again.
It became important to them because they saw the hobbyist searching for and digging for them.
Archaeologists believe that people who own metal detectors are breaking metal detecting laws. Again, the questions among many of us who love history are these.
Who defines what antiquity is?
What a cultural resource is?
What is an object of historical significance is?
What is modern and what is not? The discussion about metal detecting laws is unlawful. Please Bookmark this website for upcoming information. The only issue that is clear is that the Archaeology community has been taking advantage of a set of laws that are vague in definition. The Archaeology community constantly manipulates, what is already a vague definition of what antiquity is and is not. And because of this, Archeologists in the US are forcing their power on people who pay taxes for, and use State lands for recreation.
The archaeology community along with some State's, have tried to pass metal detecting laws, and treasure hunting laws that would ban the hobby.
Webster’s dictionary defines the word archaeology as the “study of ancient times from remains.” How does an object that is 100 years old become ancient and off limits to anyone but an Archaeologist?
What about Webster’s definition of archaeology, the “study of ancient times?” Does an item that is 100 years old qualify as ancient?
I don’t think so, and I honestly do not think that many people other than Archaeologists would consider 100 years old as being ancient. The important thing to remember is to be careful.
As mentioned before, even though there are no metal detecting laws, or treasure hunting laws, be careful of what you pick up from the ground, especially when you are on State Lands or parks.
Here is a government run organization that takes away our freedom to use public lands.
Have You Seen The Video Trailers? “Are you kidding me? I’ve been waiting a lifetime for a great metal detecting TV series. And now I have the DVD. Frank and John are the perfect pair for this series." Carmen L. Phoenix NY "Frank, Thank you for the dvd I was very impressed with the video. I have watched it twice now. Please keep me updated with any additional videos/books/articles that may soon be coming out. Thanks again, Brian H. PA Dear Frank, thank you so much for sending the dvd. I wonder if it is possible to let me know when you bring any more out as i would like to add to the one i have, many thanks. I enjoyed the dvd very much and i think you two are very good on it.I found the metal detecting very interesting and liked seeing the finds, coins and buttons, spoons, etc.You two certainly look like you enjoy each others company a great deal. The quality of your dvd is excellent and i watched all the episodes one after the other with fascination.Once again, many thanks for taking the time to send me your excellent dvd and please say hello to your buddy from me, regards, Alan R, UK Frank and John - great TV series. Hey, don't let those Arkies get the best of ya. There should never be any metal detecting laws, or treasur hunting laws. Please keep filming and press on. A friend in Ohio, Jimmy - Columbus
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