The record of the reason why somebody would possibly toss a gun in a river is fairly brief. But the record of the reason why Bryce Nachtwey throws magnets tied to rope into America’s waters is even shorter: discovering unclaimed property is basically cool.
If you don’t consider me, take a dive into magnet fishing YouTube and really feel the hours disappear. Enthusiastic treasure hunters tempo backwards and forwards on bridges and forged shiny hockey puck-sized magnets into murky depths, pulling in bike components, railroad spikes, jewellery, cash, and, sure, firearms. Nachtwey’s YouTube channel, Outdoors Weekly, options lengthy, energetic movies of his exploits for his 626,000 subscribers.
It’s a uncommon video when Nachtwey doesn’t pull a gun or two out of the water. He lately hauled six handguns out of a river in Louisiana, three of which have been zipped in a financial institution deposit bag. But that doesn’t make Nachtwey uniquely good at this pastime. For magnet fishers throughout America—a fast-growing group—weapons are among the many commonest kind of catch. But though they’re seemingly ubiquitous, they aren’t handled as such. In reality, the pistols, rifles, and shotguns are often the headlining finds of magnet fishing content material.
But there’s a discernible pause in a few of these movies after the angler pulls the gun off the magnet and holds it up in entrance of the digital camera. You can virtually hear them asking, silently: Now what? Magnet fishers usually function beneath the frequent legislation precept of deserted property—higher often called “finders’ keepers”—which permits a discovering get together to say deserted property legally.
But does that finders’ keepers precept actually apply to a discovered gun?
Legal Gray Areas
This query is a authorized onion (a lot in order that the Department of Alcohol, Tobacco, and Firearms, Cornell Law School, and several other different authorized consultants that I contacted had no remark or perception to supply for this story.) At the very core of all of the layers lies the problem of claiming deserted property.
While finders’ keepers usually holds as much as some authorized scrutiny, many states have deserted property legal guidelines of their very own. These guidelines would possibly decide how lengthy one thing should be left behind by a earlier proprietor to be thought-about deserted or they may require that property of a sure worth be turned in. Since the very essence of magnet fishing is claiming deserted property (and posting movies of that property to the web), realizing these legal guidelines is essential.
But that’s simpler mentioned than performed. South Carolina is the one state with any particular legal guidelines in opposition to magnet fishing. The Underwater Antiquities Act makes it unlawful to reap any archaeological artifacts from state waters and not using a license, which the State solely palms out in the event that they really feel the excavation is of their finest curiosity. (Magnet fishing non-public waters continues to be unregulated.)
So assuming magnet fishers aren’t hauling weapons out of South Carolina waters or breaking any state legal guidelines relating to deserted property, they need to subsequent think about prison legislation. Nachtwey calls the cops just about each time he finds a firearm to keep away from by accident obstructing an investigation, tampering with proof, or being a normal roadblock to justice.
North Dakota prison protection lawyer David Dusek considers this conundrum a query of ethical obligation versus authorized obligation. Is there a authorized obligation to show a gun in? Not essentially. Nachtwey’s morals inform him it’s the fitting factor to do, however as Dusek says, “you can’t legislate morality.”
“If I find a gun, I’m taking it to the police to find out if it’s a part of a crime,” Dusek tells Outdoor Life. “But if someone finds a gun, cleans it up, and doesn’t turn it in, is that legal? Probably. You don’t have to call it into police. You found it.”
Serial numbers are often seen on weapons that have been both bagged or haven’t been within the water for a lot time. But it doesn’t take lengthy earlier than the gun begins reworking right into a mossy, untraceable blob of rust. The longer it sits on the backside of a lake or river, the much less helpful will probably be in an investigation. Many of the weapons that magnet fishers discover are past recognition, which raises one other query: at what level of decay does a gun cease being a gun?
Assuming the gun continues to be in restorable situation and doesn’t hint again to any prison exercise, the ultimate layer of the onion entails firearms legislation. Does the state require all handgun house owners to have a allow? Is the magnet fisher of authorized age to personal that firearm? Would they cross a background test?
The Magnet Fishing Boom
Much like different outside actions, the magnet fishing pattern appeared to take off within the United States in the course of the COVID-19 pandemic when folks have been in search of issues to do exterior. Many magnet fishers are former anglers who grew bored with fishing lengthy hours with out getting any bites. Magnet fishing tools is comparatively low cost, the observe is easy, and entry is fairly simple to seek out.
The cherry on prime is cleansing all this junk out of America’s waters, particularly for Nachtwey and his crew as they journey across the nation with the aim of hauling in 1 million kilos of scrap. Social media has performed an enormous function in spreading the phrase in regards to the observe. YouTubers promote magnet manufacturers and supply low cost codes to their viewers. Even Nachtwey has YouTube to thank for his obsession.
“There was one [magnet fishing] video on YouTube at the time. It was around Christmas when it was uploaded. Then my mom bought me a magnet for Christmas,” Nachtwey recollects. “I was already making fishing videos at the time, and I made a magnet fishing video and instantly fell in love with it. Everyone seemed to like it. That was about five or six years ago now…and I’ve been doing it pretty much every day since.”
Facebook teams have additionally helped develop the magnet fishing neighborhood. The two largest teams have every have greater than 20,000 members, and a few teams are devoted to particular person states or areas. Member discussions vary from questions on tools to crowdsourced identifications of the rusty bits and items folks discover.
What to Do If You Find a Gun While Magnet Fishing
As the pastime continues to develop, extra weapons, ammunition, explosives, and different probably hazardous finds will seemingly floor. Nachtwey hopes it’ll develop into commonplace observe for the magnet fishing neighborhood to name the police after discovering a gun and that police will begin partaking extra with what might be proof in prison investigations.
“I’ve worked with so many police departments, and a lot of them don’t even care. I’d say 98 percent of the time that we turn in a gun, it doesn’t get processed or they don’t try to piece anything together,” Nachtwey says. “It almost seems like a chore for them, and it’s kind of sad.”
There are a number of ways in which holding a gun discovered whereas magnet fishing may result in authorized hassle. That’s why many of the magnet fishing movies on YouTube that contain discovered firearms finish with a name to native police. But even calling in weapons can result in hassle. In reality, a name to authorities resulted in a quotation for Nachtwey and his mates for trespassing on army property after hauling in piles of explosives from Georgia’s Canoochee River on June 24, 2022. But these citations have been finally dropped.
Police responses range. Sometimes they take the weapons, like they did with the six Nachtwey present in Louisiana. But typically they go away the weapons in Nachtwey’s possession, no questions requested. In phrases of finest practices or a beneficial commonplace process for magnet fishers who discover weapons, Dusek says it’s a head-scratcher.
“I don’t know if there really is one. You’ve got competing interests between legal and moral obligations,” Dusek says. “Can you possess a gun? And if you’re not allowed to possess a gun, is what you find considered a firearm for possession purposes? If it’s all rotted out and doesn’t have the characteristics of a gun, is it a gun anymore?”
The worst factor that would occur after calling the police to take a look at the firearm is that they take it away for processing. In many cases, police have even returned firearms to the magnet fishers after the weapons don’t hint to any investigations. Dusek paints a frightening different to being proactive, particularly in case you are underage, a convicted felon, or don’t meet state necessities to own that particular gun.
“Think about it: If I can’t legally own [that] firearm, I could go to jail,” he says.
But because the inhabitants of magnet fishers continues to develop throughout the nation, extra folks will find yourself in authorized possession of previous weapons that the unique house owners misplaced or tossed. Even when there’s no authorized obligation to show in a gun, Nachtwey nonetheless encourages magnet fishers to take action out of ethical obligation.
“It’s the right thing to do,” Nachtwey says. “If it was used in a murder and that was the one piece of evidence they were looking for, I’d rather help bring closure to the family than have something hanging up on my wall.”