What If You Choose Not To Get A 700 Permit?

First I will say, since it is my legal obligation, I won’t tell anyone NOT to get the permit from DEQ.  But there are plenty of us that will not be purchasing the fraudulent 700 permit that tries to impose illegal restrictions and impose an illegal fee for something that is already written in stone-hard law. The law is heavily on the side of miners.

So what do you do if you are asked by an agent for a 700 permit and you don’t have one?

Here is a great response from Kerby Jackson on the Oregon Gold Hunter Forums:

“Well, if you choose not to go the permit route (your choice), I would inform them of/or ask the following if ever confronted:

1. What permit? The Oregon Supreme Court deemed the 700 PM permit illegal back in December. Are you asking me for an illegal permit in defiance of a state Supreme court’s decision? (Carry and present a copy of the court decision) I think you had better get an attorney to inform you about the legal penalties of ignoring a court decision.

2. Put your authority and jurisdiction pertaining to mining in writing and sign it, along with your employee ID # for my legal representation. (They have NO jurisdiction and authority over mining with the exception of the Dept. of Interior (ie. BLM) who have authority to insure that an orderly fashion of claim filing is maintained).

3. Are you SURE I am doing something wrong? Do you know that it’s a crime in the State of Oregon to interfere with a legal mining operation? I would sure hate to be you if you’re wrong. I think you had better get an attorney.

4. The 1866 and 1872 Mining Acts say that the “Public Domain is free and open to prospecting”. Are you defying an Act of Congress? I think you had better get an attorney.

About threats to seize gear:

1. See #3 above. If you are not certain I am doing something wrong and you so much as tamper with my gear, you can be prosecuted for Mineral Trespass, which is a crime in the State of Oregon. I would sure hate to see you go to jail just because you aren’t very sure of the law. I think you had better get an attorney.

2. Here in Josephine County, it’s a crime for ANY government employee (regardless of their jurisdiction) to deny you your right to due process and it is the obligation of the County Commisioners to prosecute the employee. Question: Do you have a warrant? If you have no warrant and you seize my property, you are denying me my right to due process and that is a crime in this county. I think you had better get an attorney.

You could take this on and on and on if you know even very basic mining law – which they themselves do not know. Therefore, it is important that you understand all that you can.

Obviously, if you get a real @%#hole, he is just going to nail you (as happened to Cliff Tracy) simply because he is on a power trip, but 99% of agency people get very edgy when they begin to realize that you do not fit the stereotype of a “dumb miner” and that maybe, just maybe, there is a risk that they might be putting themselves on the line.”  ~Kerby Jackson

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