That's a good question. I wish I knew. I have a similar situation with a friend wanting to sell some artifacts that he found on private property. I don't know if there's any laws against it, unless the property owners find out and can prove the artifacts came from their property. I guess they could press charges.
Has the seller asked for permission to hunt in the cave.
Well, it was the native american's property, but they're no longer living---I'd say property reclamation isn't against the law
But really, it is not illegal unless it if from army corps protected land, and even then they can't prove squat
I'm looking to buy artifacts--tools and points---for a decent price as long as they are NOT burial items--those things could give a person some real bad luck! But you by buying the artifacts are not doing anything wrong, all blame if any lays on the taker of the artifacts.
If anyone has found any authentic artifacts, non-burial, then I'm interested---please email me---NO Retailers please!
A series of laws passed in 1906, 1966, 1979, and 1992 forbid the taking of Native American artifacts from federal land, including national forests, parks and Bureau of Land Management land, unless granted a permit to do so. Over the years, states have passed their own laws that restrict the taking of Native American objects from state land, echoing the federal laws. There are also laws that deal with pre-Columbian art and taking native works out of other countries.
The only drawback to buying artifacts from an unknown seller is documentation. If you have proof the artifacts were found on private land then you can cover yourself. BUT this has to be done certification. Kind of a catch 22. If you bring someone in and have him or her certify it and it turns out an artifact that is typically a grave good like a piece of pottery or any artifact that has such indications like red ochre or hematite on it, then it could become the property of a museum for study and a big fine for you in exchange.
This is such a touchy issue. I personally think as long as it is on non-protected land and there will be no profit for the buyer involved meaning part of a collection, I would jump all over that.
I agree with Chases statement on reclaimed property but I am sure the original maker/owner would find comfort in knowing that their lifestyle was preserved with respect.
I would like to see pictures if you get this collection Glen.
I agree with you Mark, these artifacts deserve to be preserved and respected. I get so ticked when people buy artifacts and resell them, looking at them for only monetary gain. I also get ticked when I show someone my collection and they say "why keep the broke points and all those tools, they're not worth anything".
That's just downright disrespectful--I personally am a salvager and preserver---strict collector who even keeps broken scrapers and chippings for study.
Texas law tends to be a black sheep. Federal laws apply, however Texas is less stringent on state law. It's difficult to explain, but it comes down to you just don't bring the gov or "professionals" into authentification unless you want to have that item confiscated.
I have no problem with preserving the past, I say you are in the right Glenn, though I'm not sure what the law would say. Unless you tell or show them the artifacts, then they won't even know