Carrying concealed on a mining claim w/out a CCW?

[naganthunter]

My family has a large mining claim out in the desert near Inyokern/Ridgecrest. Does that qualify as "private property owned or lawfully possessed by the citizen ?"

My 84 year old great uncle, who still lives out there (not on the claim, he lives in town) and still works the claim (he's in amazing shape!) carries everywhere he goes. I don't think anyone's going to roust him, but I worry about him!! Also, when he passes I'm the last living blood relative and will inherit the claim, and will need to maintain it. There's some spooky folks out there and I'd prefer to have more than a shovel and a pick axe to defend myself with

12026. (a) Section 12025 shall not apply to or affect any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code,
who carries, either openly or concealed, anywhere within the citizen'
s or legal resident's place of residence, place of business, or on
private property owned or lawfully possessed by the citizen or legal
resident any pistol, revolver, or other firearm capable of being
concealed upon the person.

[mark]

cannot answer the question, but I can tell you I walk a lot out here in the desert and carry openly and loaded all the time while walking, have encountered BLM and other LEO, have never been questioned or hassled for carrying, the only question about the weapon was what type and if I liked to reload,

is the place in question near the Bickle camp?

[Mtn. Medic]

"My family has a large mining claim out in the desert near Inyokern/Ridgecrest. Does that qualify as "private property owned or lawfully possessed by the citizen ?"

I'll answer the part of the question 'bout mining claims.

If it's a patented claim it is no different than your back yard in town. You own the land outright.

If it's an unpatented mining claim, the only thing you have sole right to are the minerals within the claim boundaries. The property within your claim is public domain. Unpatented claims are open to the public to hunt, fish, hike, camp (14 day limit) and really, anything else people can legally do on public lands except extract minerals.

If the the claim was patented you should have an actual title to the land.

If the claim is unpatented, all you'll have is a CAMC number issued by the BLM. In this case, your claim is not considered private property as all you own are the mineral rights.

I have a California CCW. But while on my claims I prefer to simply open carry. It's far easier to pack a pistol holstered on my backpack's belt than to carry it under my shirt.

[Mtn. Medic]

***

[naganthunter]

Mark - the mine is in the mountains west of the 395/14 split. If you PM me I can send more specific info. I don't like to post it in the free domain of the web - too many looters out there. Heck - you're in Ridgecrest, you probably know the area, and may know my great uncle!!

Medic - I'm fairly certain it's not patented. I know when I was younger however, we were able to post no trespassing signs and keep people off. I'm still learning about all of the particulars, so I can't say for sure. I know my great uncles were really mad at Feinstien at one time for what they called her "theft of the mine" right out from under them. Perhaps it was patented at one time, I'm not sure?

I guess that's the question then, would an unpatented claim meet the definintion?

[Mtn. Medic]

"Medic - I'm fairly certain it's not patented. I know when I was younger however, we were able to post no trespassing signs and keep people off. I'm still learning about all of the particulars, so I can't say for sure. I know my great uncles were really mad at Feinstien at one time for what they called her "theft of the mine" right out from under them. Perhaps it was patented at one time, I'm not sure?

I guess that's the question then, would an unpatented claim meet the definintion?"

I'm going to have to say no to your question. The claim is likely either sitting on BLM., USFS. controled lands. Mining law allows claims to be filed on public lands west of the Mississippi. One can not file a mining claim on private lands or areas under mineral withdrawl.

You can't post no trespassing signs on a unpatented claim. Sure, people do but the signs carry no weight and are actually illegal. Unpatented claims are public domain.

I cant imagine what Diane could have done to steal your family's claims. The usual "fatal flaws" are failure to file the annual paperwork with the BLM. AND with the local county recorder on time. In these cases, after September 1st, the claim is declared abandoned and then goes up for grabs by anyone inclined to file a new claim on top of them. However if no one beats you to it, you can file a new claim over your old ones

There are actually active mining claims within wilderness areas, preserves, national parks and along wild and scenic rivers because the claims predate those designations. Claims in those areas remain valid as long as the miner does his part. Fall behind on the paperwork and the claim reverts to wilderness, wild and scenic (or whatever) and can never be filed on again. That may be what happened in your case. In almost all cases the only person one can point a finger at for the loss a claim is the claim owner his/herself.

IIRC. correctly the current moritorium on patenting mining claims has been in effect since 1992. I don't forsee it being lifted in my lifetime. I days of old... the grant giving title to a patented claim was usually signed by the president of the United States. I've got a buddy in the Foresthill area who's property is an old patented mining claim. His paperwork was signed by president Taft.

I currently own several mining claims and when I was younger, my family operated a fairly large placer operation. I'd be more than happy to answer any questions you may have about mining claims via PM.

[naganthunter]

Cool, thanks!

I'm not sure about the Feinstien thing either, it was when I was younger. To this day my Great Uncle thnks she's the devil - of course, that would probably be the opinion of most folks on this forum as well

I will probably take you up on the info exchange via PM. Thanks again for the offer, and the info!

[Mtn. Medic]

Well, your great Uncle has that right.

Diane Feinstien is the devil.

[BonoVox]

Cool thread. Learn something new everyday.

[naganthunter]

Hey Mark - what type of gun are you open carrying out there?

[naganthunter]

Originally Posted by Mtn. Medic

Diane Feinstien is the devil.

Worth saying over, and over, and over....

[mark]

Originally Posted by naganthunter

Hey Mark - what type of gun are you open carrying out there?

usually my GP100, sometimes my 1911, but preference is to the revolver, for backup I have 3 german shepards that walk with me, I may know your uncle, as I have lived here since 1958,

I have an idea where your uncle's mine is,

if you head out this way pm me and will meet up for a cup of joe