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I Forge Iron

RR Spike law?


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I've posted this in this forum because we all love to turn them into knives and hawks and such. But if this is the wrong place, please relocate it as the mods see fit.
Anyway, I hauled off a load of steel today with the hopes of taking those funds and getting some 1095 and coal. In the haul were some railroad spikes. The guy refused to take them and told me it was a federal offense for me to even have them. I know that if you are caught on the tracks, you can be arrested for trespassing and I know that if you are caught pulling spikes out, you can be charged with saboutage, but I have never heard that it is against the law to have or even buy a RR spike. Has anyone else heard this?

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Misinformed. He is just paranoid about accepting stolen RR material.

Anyone can buy spikes new. There are many sections of private RR lines out there in industrial parks. Not all spike come from the big RR companies.

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I call shenanigans. You can buy them from McMaster-Carr and likely many other places.


Agreed there are some shenanigans going on.

The scrap yard may have a policy based on prevention of rail road theft. This is similar to the local scrapyard requiring photo ID and a signed statement every time I bring copper plumbing in (I am replumbing my house since the pipe is rotten from sulfur well water)

Equally unsatisfying is catalytic converters are worth $5 (I think, I haven't turned mine in yet), because that is enough to encourage recycling and a small enough value to prevent theft from fleet vehicles. They also scan my photo ID for car parts.

Phil
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Well, I knew two things:
1) They didn't turn me in.
2) RR spike products fill plenty of posts in plenty of forums. If it was illegal to own them, then why haven't we all been busted?

Thanks. That was what I thought, but I figured it was best to be safe.

Eric

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My shop is zoned heavy industry and the city was on my case about my back yard which can only be viewed from my neighbours yard and an old railway right of way which is now owned by another industry. My neighbour had left his gate open on the day they did their industrial property standards blitz on my street and the city inspectors walked right in. I was basically ordered to throw out everything but my two sheds that was in the yard. After protesting that much of this was equipment that I use, they said I could keep the tools etc. but I still had to do a major clean up and paint my building. I have two crates of tools that they viewed as scrap that they had ordered removed. I had planned on painting the front of the building anyways but had no plans on painting side and back.

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A friend of mine owns one of the biggest scrap yards around here. He buys RR spikes. Its not illegal for him to buy them, it may or may not be illegal on the person selling them. The RR usually has contracts with scrappers for stuff like that.I do know that the RR cops have arrested people in his yeard for sstealng and attempting to sell track, new spikes, plates and such but he was never in question for buying them..Once the scrap yard has them they are fair game..I get all mine from him and even had a railroad cop look at some of our stuff made from them at the last fair.
Also like some other folks ahve pointed out you can buy them online from suppliers.

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Just to add a little legality, in the northeast the rail roads are cracking down on any activity on or around railroads, starting in the northeast. This is because of the plans they found when they got binLaden. Just trying to let other folks know that waling the rails, or bringing home a spike souvenier of your walk is a bad idea.

Also there was an incident up here, New Engand, USA, of someone trying to derail a train by messing with the switches. The RR cops are not kidding anymore. I don't know if everyone here knew this, but I just hope someone can benefit from this.

I personally like turning rr spike into things, forks and knives are my favorite,
Best of luck,
Cliff

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Property rights!! Ha! Don't make us laugh....Bwahaahahahahah

It is stories like this that really get me xxxxx off, and that is what you should have been able to tell them. These stupid codes are getting out of hand all over. It is your stuff, shouldn't matter if you are storing it on YOUR property. I have had my share of run ins with code enforcement agents. The problem is that even though they violated my rights they end up winning because I we cannot afford to take it to court. I could really get going on this subject, but I better stop before I get too far into it..

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Go pro se -- represent yourself -- if you have to. At least you have a chance that way. (But if you're incorporated, that could be a problem.)

Zoning sucks, no question about it. Unless you're the guy trying to sell his nice, well-kept house in spite of the next door neighbor who stores a half-dozen rusting, junk cars in his front yard. Then it has its advantages.

You should think about moving to West Virginia. There's no statewide zoning law, and only a few counties have ordinances. It's different. You can tell when you've crossed the border, because things quickly get, well, sorta chaotic. Fish farm, then three houses (two of them expanded log cabins that obviously date from waaay back), then a motel, then a bar, then a couple more houses . . . If you're used to living in a place with zoning, it's kind of a trip.

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Well I work for a short line rr company in California and there are laws that. Prohibit anyone to even be on the rr tracks, or at some places 15 feet from the center of the tracks ! They actualy own 15 feet from the center of the track on both sides which allows them to leave all sorts of stuff And equipment there. It is private property and trespassers are in violation and will be harshly fined and even jailed. Here in ca a few years ago when the prices for scrap steel were high they had loads of people taking in spikes, track and any other steel that was connected or lying next to the tracks in and this is the cause for the headache at the scrap yards. If you don't have written permission to have in possession anything rr related they government does see it as a federal offense. So to all out there who take those long Walks along the tracks for the cool steel. Remember to constantly look both ways for a train and try not to get caught cause it technecly is STEALING and be safe because trains do run on rusty old track

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Yeah, things are strange all right, if I litter I get a fine, if the rail roads do it, well that's another story altogether, right. I can go to the salvage yard and buy a truckload of salvaged RR spikes and that is OK with everybody because I got me a bill of sale or I can order me a dozen from Grainger's and that's just fine with all the folk that matter too but let me bend over and pick one up off the the right of way when I'm a crossing it and I'm a felon! Oh well, I guess it's best to just go on down to the salvage yard to get them, that way you know I get the yard bird to pick up the bucket full for me and I don't have to do any more damage to my back. I wish I'd got smart sooner than later. :blink:
Now about zoning, I kind do and I kinda don't like zoning. If you live in a nice residential neighbor hood I don't think you ought to be having six cars in your front yard up on blocks. However if you want to have six of them in you backyard up on blocks that's your business as long as it isn't anuisancee to the wholeneighborhoodd. And by that I mean banging around on them till midnight or up at sunrise banging around on them. It's the same with smithing, you just have to be responsible to your neighbors. No having a coal fire when the wind is drifting the fire into his bedroom window, that's just rude and not neighborly at all. Then zoningofficialss will jump on you for sure. Here where I am they have a list of what they call home based business that are acceptable and those that are not. One of the rules is that you just can't have customers coming to your house. You either do you work at home and take the product elsewhere to market or sell it over the internet. I didn't know until last year that we had a home based jeweler in the neighborhood, real nice gal, she has helped me a lot in honing my skills, but she never sells from her house, never.

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I have a freind that works for the railroad and he gets me all the spikes, plates, track..etc i want..BUT he said if you get caught taking stuff buy the tracks then it is considered stealing...my advice...make freinds with somebody that runs a track repair crew...! ! ! ! !

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  • 3 weeks later...

yea, not true. Growing up in the railroad and steel industries, as well as knowing some folks who maintain railroads, its not accurate. Thats just to have one. If you are caught on an active track, you may be arressted (railraods dont like tresspassers, and if you are caught vandelizing thier property, there may be civil and criminal penalties. Be very careful around trains. thats alot of steel moving at you and they dont stop, its not worth the fine anyways. Good luck

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You can get RR spikes from the elec co. or water co. or anyone who puts those 1" plates over holes in the road. I made two spike knives and offered them to the men on the truck in exchange for spikes, they gave me a bucket full. they use them to anchor the plates so they don't travel when cars drive over them

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