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Siskyou County DA declines to prosecute suction dredgers


Oakview2

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I hope dredgers don't get too excited over this Good News and "jump the gun"

so to speak and give the State another convoluted reason to charge dredgers

with some form of a prospecting crime anyway. That could delay any decision

needed to fully restore suction dredging in Cali...it has been a long time coming

to get back in the water, so let's give it a little bit longer and put those possibilities

to bed.....forever.

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I hope dredgers don't get too excited over this Good News and "jump the gun"

so to speak and give the State another convoluted reason to charge dredgers

with some form of a prospecting crime anyway. That could delay any decision

needed to fully restore suction dredging in Cali...it has been a long time coming

to get back in the water, so let's give it a little bit longer and put those possibilities

to bed.....forever.

#1 Anybody "jumping the gun" risks losing their equipment...

#2 Do you really believe dredging will ever be "fully restored"? (I don't)

Off hand, I can't remember any moratorium that has ever been flipped...especially in this state. The powers that be, have a whole bunch of agencies they can turn to in order to shut dredging down permanently...I really hope I'm wrong about this, but I just don't see it happening.

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I guess I am a dreamer about suction dredging in Cali because I keep hoping that

things will slowly change and those that make the bad decisions about mining will

somehow just "go away". I hold onto these hopes that I am right and you guys are not

right. Cali was built on prospecting and mining and someone in the Cali Government

or the Federal Gov. must have the gonads to say "enough is enough" and start changing

the laws to benefit the people and not their own personal agendas. These hopes stand

true for my state as well as California. JMHO...

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There are NO signatures and ez to photoshop that stuff. The DAs phone # is 530-842-8125,James Andros. Getting a ticket on federal lands-a claim which hypothetically gives you the right to mine instead of kalif ban,is prosecuted in federal suprerior court here in Redding so Federal ticket prosecuted in federal court so this means nuttn'--even if it were true-John

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It's a State law John. It can't be prosecuted in a federal court. State laws are prosecuted in State courts and Federal laws are prosecuted in Federal courts.

The moratorium on hydraulic mining in California was overturned and it is legal to this day to hydraulic mine in California. Dredging will return.

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4 Shasta Miners cited here in Redding by CDFG and prosecuted by fed superior court on Bechelli is just one example of many cases I've sat through in that court for miners. Not a lwayer-thank god-but those documents with NO signatures means nuttn'-John

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They were not prosecuted in the United States District Court John. They sued CDFG for violations of their Federal rights.

If you look at the cases in the Federal court they are listed as (miners name - the one suing) v CALIFORNIA DEPARTMENT OF FISH AND GAME.

The case is not CALIFORNIA DEPARTMENT OF FISH AND GAME v (miners name - the one being sued) because CDFG doesn't have standing to prosecute their laws/regulations in Federal courts.

Federal court rules state that in a criminal case the defendant must be a "person charged with offenses against the United States". Violation of State laws or regulations are not an "offense against the United States".

Here's one from two weeks ago in Redding with Kellison sitting as Federal magistrate "on Bechelli". You can look this up on the Court's website.

ROBERT ALAN GIBBS v. CALIFORNIA DEPARTMENT OF FISH AND GAME

He's suing the CDFG and the Sheriffs office for violation of his Federal Civil Rights.

State cases can end up in Federal courts if there is a federal issue involved (like civil rights) but violation of State laws can only be prosecuted in State courts.

Many times I have heard "There be dragons". Until I see a dragon it's all just rumor and fantasy. Do you have a dragon in your pocket?

Edited by clay
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I'm not a lawyer.

You don't have to be a lawyer to understand the justice system. It used to be considered the civic duty of every citizen. Something about an informed electorate ensures freedom.

It was at one time considered far more important to teach children about the American form of government than home economics, football or Facebook.

Yep - I'm that old. :old:

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Used to be every eighth grader had to pass a extensive civics exam to graduate in high school. Not anymore, just wander over the border, flip the finger to ice, and with the wave a pen, you are a citizen. I keep a copy of this with me at all times.

18 U.S.C. § 242 : US Code - Section 242: Deprivation of rights under color of law - See more at: http://codes.lp.findlaw.com/uscode/18/I/13/242#sthash.0BfDUQF3.dpuf

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death - See more at: http://codes.lp.findlaw.com/uscode/18/I/13/242#sthash.0BfDUQF3.dpuf

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