Are Railroad Spikes Legal to Own? Understanding the Law and Possession Rights

The simple answer is yes, you can legally own railroad spikes, provided they were obtained lawfully. Owning railroad spikes is not inherently illegal, but the circumstances under which they are acquired can affect the legality. This article will explore the legality of owning railroad spikes and the circumstances that make possession legal or illegal.

The Legality of Owning Railroad Spikes

First, it's important to understand that owning railroad spikes on their own is not illegal. Railroad spikes are just nails that have been used in the construction and maintenance of railroad tracks. However, the legality of owning them comes into question when theft is involved. If you obtained the spikes by stealing from railroad property, it's clearly illegal because it constitutes theft.

If, on the other hand, you legally purchased a railroad spike from a reputable source such as a railroad museum or an online marketplace, there is no problem with the law. In fact, many people collect railroad spikes as historical artifacts and decorative items. You can even find railroad spikes on various online marketplaces, both in their original form and in various imaginative ways, such as coat hooks, knives, or can openers. The price of new railroad spikes is relatively low, costing about a dollar and a quarter each, plus shipping.

Historical and Legal Context

Railroad spikes are a significant part of railway history. They were first introduced in the 1830s and have been used to attach rail to the ties since then. While they are technically a small nail, they played a crucial role in the construction and maintenance of railways. Many people who collect railroad spikes do so not just for their historical significance but also for the unique decorative and functional uses they can provide.

It's important to note that it is illegal to steal railroad spikes from an active or laid track. Railroad property is protected by law, and trespassing and theft can lead to serious legal consequences. However, the mere possession of railroad spikes that you have legally acquired poses no legal issue.

Legal Protection and Rights

Many people own railroad spikes and have them in their collections or homes. For example, my garage has several such spikes on the shelf right now, and I did not obtain them from the nearby railroad track. So, as long as you can prove the legal source of your railroad spikes, you can possess them without any legal issues.

Conclusion

While it might seem like a quaint activity, owning railroad spikes is within the bounds of the law, provided you purchased them legally. Whether you collect them for historical or utilitarian purposes, you have the right to own railroad spikes as long as they were not stolen from railroad property. So, if you're a fan of these iconic pieces of railway history, there's no reason to feel guilty about owning your own collection.

If you have any further questions about the legalities of railroad spikes or other railway artifacts, feel free to reach out. Enjoy collecting!