Rock, mineral, and fossil collectors may also wrestle with the distinction between legal and practical realities when considering collecting activities. As is often the case, legal principles do not always match up with practical circumstances, and someone who does something illegal may not always be caught, let alone prosecuted or sued. Simply put, specimen collectors may find themselves in situations where they could engage in illegal conduct seemingly without fear of discovery or negative repercussions. Regardless, it would be irresponsible to condone illegal or unethical behavior. Published codes of ethics for rock collecting and rockhounding are intended to serve as guidelines for making moral and ethical choices associated with the hobby; however, ultimately, adherence to the legal realities of collecting oftentimes becomes a matter of one’s personal character. Additionally, morality and ethics aside, the risk of being caught and prosecuted or sued always exists for criminal and civil offenders even when that risk is unexpected or unanticipated. Coincidences do happen.

This article is directed toward individual rock, mineral, and fossil collecting hobbyists. Accordingly, the legal principles explained in this article are applicable primarily to persons, not companies or other legal entities. While criminal and civil laws are oftentimes also applied to companies and other legal entities, in most instances, those organizations would likely have people engaging in collecting on their behalf for commercial purposes, which is, itself, relevant to the legality of certain rock, mineral, or fossil collecting activities.