Tom_in_CA
Elite Member
- Joined
- Dec 23, 2013
- Messages
- 20,830
.... If it's not actually illegal, then being told "no" really doesn't matter...you can go detect anyway. If you then do receive some sort of citation, you could challenge it in a Court of Law, thus setting legal precedent regarding md'ing at that type of location.....
Flies-only: These are all pertinent questions. I totally understand where you are coming from. I know you are not being sarcastic. They are legitimate observations/questions. After all : At first blush, if someone gets a "no". Or a "scram" from a busy-body in-authority, Then sure ... the first gut instinct is to go get it "clarified". Eg.: To "appeal this". And "overturn the busy-body" . And/or "go higher-up and over-turn the 'no' you just got", etc.... Right ? What can be more logical than that ? Right ? To "challenge it in court", right ?
But the devil is in the details :/
Here's the answers to your question: Unfortunately (I'll admit) that our hobby *can* come under ancillary "catch-all" language/verbiage. Which is never-ending. Examples are : "harvest/remove" verbiage. After all, we "take" and "remove" things. Right ? Or "alter/deface" . After all, we (gasp) disturb the dirt or sand in-the-process of retrieving our target. Right ? Or Lost & found laws. After all, we *might* find something of value that someone else lost. Right ? Or cultural heritage issues. After all, we *might* (gasp) find an old coin or disturb an Indian bone. Right ?
So the devil in-the-details is : All of the above "maybes" might be things that no one ever thinks about, cares about, or associates with the old-geezer with the detector in the sandbox. Right ? But the problem is: Once you put this "pressing issue" *IN COURT* (as you ask about), then .... lo & behold .... some lawyers might say it falls-afoul of various things like this. EVEN THOUGH IT'S NEVER BEEN AN ISSUE, AND NO ONE CARES LESS.
Hence sometimes "good enough" is best "left that way".
Trust me, I wish it wasn't that way. I wish red carpets were rolled out for us wherever we went. But we're in an odd-ball hobby with admitted connotations. You can spend all your time attempting to "convert" people-who-object. Or ... you can simply avoid those rare individuals.
Sure: Avoid obvious historic sensitive monuments. Sure: Avoid places with actual specific rules that truly say "no md'ing". But beyond that : Don't swat hornet's nests.