I do not agree with the Judge's ruling because miner and prospector are the specific terms used in the 1872 mining law. Any adjective or adverb used to subdivide the does not change the original term. Just like freshwater and saltwater is used to describe fishermen, or duck hunter, deer hunter, bear hunter is used to help codify the various types of fishermen and hunters.
As far as the IRS is concerned, if you sell a mineral or metal for money, it's a taxable event and you are required to pay income tax on the amount. They don't care if you call yourself recreational or commercial. The difference that they look at is if it's a hobby or business. As a business for profit, you are allowed to deduct expenses from the income, if it's a hobby, you are not allowed to deduct expenses.
So, it doesn't matter if your are a recreational prospector/miner or not. You, either are a prospector/miner or not. The mining law makes no distinction for any sub group and lumps everybody together, Therefore the state and the judge cannot start changing the law from the way it was written, only the congress can modify the law that they wrote.
I see a Prospector to be a person out searching for a marketable deposit in order to file a claim to recover it. A Miner is a person with a marketable deposit that he is attempting to recover.
There is nothing in the mining law that sets a time frame. You can work 1 minute in a year and call yourself a prospector/miner or 24/7 everyday of the year and call yourself a prospector/miner.
When it comes time for selling though, Uncle is still going to get his share.
Thought I would share my thoughts on this ban that has been put in place. There is a government agenda to eliminate public use on many lands throughout the western US. This is called agenda 21. There are several places on the net that can explain much better what agenda 21 is and where it is being implemented first. No surprise that one of the first states to welcome the closing of uses of public lands? CALIFORNIA. Time to take this federal guys. Then only way to shut it down is to fight for the rights that we have been granted not by the government but by God.
The 1872 minind law didn't recognise recreational or professionals. Just mining. When did that change and what changed it? Should have been nothing to change mining law. So, who thinks they now have that power and right?
Makes no sence and won't. What will make sence is our government stepping up and protecting rightfull miners and their right to access their minerals as best they can.
I'm tired of agenda driven "Science" that is not based in truth but in faulty findings that "may" or "could" have impact in what those funding the "Science" want the conclusions to show. Computer models with faulty in leading to faulty out.
Instead of ONE word (recreational) having an impact it should be the two words (May and Could) that tell the courts that they are dealing with flawed and agenda driven "Science".
you are so right about the recreational WORD .you have no rights to mine if you think or are a recreational Miner. so you must forget that deadly word to your mining rights.so Please everyone never use that worn again .if you hear others use it let them know what they are saying is Wrong.
I would also like to add that if you are a recreational prospector you have no mining rights. it is only for the miner or prospector if you add the word recreational then you lose those rights of the 1894 mining law. just what one word can do.
I agree with David miners need to get away from catch phrases like hobbyist and recreational. You are not using correct description to mining. You knowing look for gold because it has value. Enjoyment is just a great byproduct. Hiking,biking,kayak,fishing,model making have personal not world values. So what you do as a hobbyist and recreation-is doesn't affect others were mining does because of monetary value.
I was at all those meetings and the state is dragging their buts to run Plp dry of money. What a couple of us came up with is apprentice for beginners and journey man just like a trade. I consider mining a trade like carpentry and electrical.
But if you want to have your children and grandchildren be able to go out and Hunt for GOLD . Then we all Must learn the lingo and say Recreational MINER NO MORE and use the word (Small Scale MINER) for anyone that is not working for a Large Scale MINE.
to me this is a hobby and its a great way to meet people and injoy the outdoors and yes finding gold is a big plus if I was looking to get rich I'd be in the wrong place so yes I'm a recreational prospector and I posted that becouse I thought others would like the read
Comments
My opinion here.
I do not agree with the Judge's ruling because miner and prospector are the specific terms used in the 1872 mining law. Any adjective or adverb used to subdivide the does not change the original term. Just like freshwater and saltwater is used to describe fishermen, or duck hunter, deer hunter, bear hunter is used to help codify the various types of fishermen and hunters.
As far as the IRS is concerned, if you sell a mineral or metal for money, it's a taxable event and you are required to pay income tax on the amount. They don't care if you call yourself recreational or commercial. The difference that they look at is if it's a hobby or business. As a business for profit, you are allowed to deduct expenses from the income, if it's a hobby, you are not allowed to deduct expenses.
So, it doesn't matter if your are a recreational prospector/miner or not. You, either are a prospector/miner or not. The mining law makes no distinction for any sub group and lumps everybody together, Therefore the state and the judge cannot start changing the law from the way it was written, only the congress can modify the law that they wrote.
I see a Prospector to be a person out searching for a marketable deposit in order to file a claim to recover it. A Miner is a person with a marketable deposit that he is attempting to recover.
There is nothing in the mining law that sets a time frame. You can work 1 minute in a year and call yourself a prospector/miner or 24/7 everyday of the year and call yourself a prospector/miner.
When it comes time for selling though, Uncle is still going to get his share.
Dickb
Thought I would share my thoughts on this ban that has been put in place. There is a government agenda to eliminate public use on many lands throughout the western US. This is called agenda 21. There are several places on the net that can explain much better what agenda 21 is and where it is being implemented first. No surprise that one of the first states to welcome the closing of uses of public lands? CALIFORNIA. Time to take this federal guys. Then only way to shut it down is to fight for the rights that we have been granted not by the government but by God.
The 1872 minind law didn't recognise recreational or professionals. Just mining. When did that change and what changed it? Should have been nothing to change mining law. So, who thinks they now have that power and right?
Makes no sence and won't. What will make sence is our government stepping up and protecting rightfull miners and their right to access their minerals as best they can.
I'm tired of agenda driven "Science" that is not based in truth but in faulty findings that "may" or "could" have impact in what those funding the "Science" want the conclusions to show. Computer models with faulty in leading to faulty out.
Instead of ONE word (recreational) having an impact it should be the two words (May and Could) that tell the courts that they are dealing with flawed and agenda driven "Science".
you are so right about the recreational WORD .you have no rights to mine if you think or are a recreational Miner. so you must forget that deadly word to your mining rights.so Please everyone never use that worn again .if you hear others use it let them know what they are saying is Wrong.
I would also like to add that if you are a recreational prospector you have no mining rights. it is only for the miner or prospector if you add the word recreational then you lose those rights of the 1894 mining law. just what one word can do.
my thoughts of a miner is a person that owns a mine or works in one and one thats in a club is a prospector learning the trade
But if you want to have your children and grandchildren be able to go out and Hunt for GOLD . Then we all Must learn the lingo and say Recreational MINER NO MORE and use the word (Small Scale MINER) for anyone that is not working for a Large Scale MINE.
to me this is a hobby and its a great way to meet people and injoy the outdoors and yes finding gold is a big plus if I was looking to get rich I'd be in the wrong place so yes I'm a recreational prospector and I posted that becouse I thought others would like the read
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