Attorney Questions Legality of Blanding Arrests (ARPA)

[Shannon Graham]

"Jim Owen is a retired attorney, collector of Native American artifacts and a member of the Antique Tribal Art Dealers Association. He comments on questionable legality of Federal raids on Native American artifact dealers." - from YouTube

[drdave514]

I'm still not picking up anything off federal lands. Those government bastards don't care what the laws are. They do exactly whatever they want, prosecute and convict whomever they want and use our tax dollars to do it.

Being right is no substitute for being smart.

Thanks for the video, tho. That's great stuff.

[PacificNorthWest-Relics]

Thank you Shannon...

I knew the Gov would try to use the Theft of Gov. Property option, but I had no idea that such a tactic was bogus - even the supreme head of NAGPRA Dr. Sherry Hutt (wrote the book for Presenting archaeology in court) stated as such!...

"...ARPA governs the specific act (picking-up a surface found arrowhead), which supercedes the older Theft of Govt Property (a general act, that has nothing to do with archaeological resources)."



THANK YOU FOR THIS POST!


David

[DesertWalker]

Thanks, Shannon. That puts a whole new light on the "theft of gov't property" tactic.

[mootsman]

I used to mountain bike with a Ranger several years ago. When I asked him his take on this general issue he simply replied that he had bigger fish to fry. No digging, no drugs, he didn't care. Of course, this speaks to the problem in that you could run into him or into Barney Fife.

[DesertWalker]

You're right Moots. There is a ranger in these parts who is referred to as Barney Fife. He doesn't know what the law specifics are, but he's got a ticket book, and uses it. Then lets the system sort it out, most all cases have been dismissed. That ranger should be dismissed.

[wiseshanks]

Thanks for the post Shannon. It's nice to see an individual formerly in law weigh in on the subject. Makes for a more credible source. He gave numerous great examples that shows that surface hunters are not breaking the law.

[Trask]

Shannon Thank You it is refreshing to hear a well constructed and credible line of argument from someone formerly within the legal system.
After having a legal run in with a very zealous Nevada Fish & Game officer who asked me in no uncertain terms to "leave the state", I have begun to carry a laminated copy of State Revised Statutes that pertain to the areas I hunt regarding the surface collection of arrowheads.
Not that this is any sort of absolute resolve for me personally...I think one still needs to be cautious and "pick a battle " you have the means to fight. For me of humble and limited legal recourses it translates into not hunting on federal or questionable lands.
The real problem is I'm not ready ( like most of us ) to wager my hard earned and personally valuable collection in a formal setting to win a legal president...and until a majority of us are prepared for that level of engagement we cannot make a meaningful grass roots impact.

[DesertWalker]

Even though one can talk like a college graduate, it's going to take people like Jim Owen, and more like him that make the difference. Otherwise, collectors remain the "enemy".