On Wed, 15 Sep 2004 20:36:55 -0500, itoldyouiamnotiamnotgeorge
wrote:

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2003 HOUSE BILL 257 RATIFIED
BILL AN ACT TO PROHIBIT THE USE OF CITIZENS BAND RADIO EQUIPMENT NOT
AUTHORIZED BY THE FEDERAL COMMUNICATIONS COMMISSION. The General Assembly
of North Carolina enacts: SECTION 1. Article 15 of Chapter 62 of the
General Statutes is amended by adding a new section to read: "§ 62-328.
Unauthorized use of Citizens Band equipment. (a) As used in this section,
'Citizens Band radio equipment' means Citizens Band radio equipment
authorized by the Federal Communications Commission. (b) It shall be
unlawful for any person willfully and knowingly to use Citizens Band
radio equipment not authorized by the Federal Communications Commission.
Unauthorized Citizens Band radio equipment includes the use of power
amplifiers or equipment prohibited under applicable federal regulations.
(c) This section does not apply to any licensee that is exempted under
the provisions of 47 U.S.C. § 302a(f)(2). (d) Any person willfully and
knowingly violating the provisions of this section shall be guilty of a
Class 3 misdemeanor." SECTION 2. This act becomes effective December 1,
2004, and applies to offenses committed on or after that date. In the
General Assembly read three times and ratified this the 28th day of June,
2004. _____________________________________ Beverly E. Perdue President
of the Senate _____________________________________ Richard T. Morgan
Speaker of the House of Representatives

Sounds like a well thought-out bill. Let's just hope that the state
of North Carolina can put some teeth in the enforcement end of it.

Raymond Sirois KAXN-9546
SysOp: The Lost Chord BBS
607-733-5745
telnet://thelostchord.dns2go.com:6000

"itoldyouiamnotiamnotgeorge" wrote
in message ...
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2003 HOUSE BILL 257 RATIFIED
BILL AN ACT TO PROHIBIT THE USE OF CITIZENS BAND RADIO EQUIPMENT NOT
AUTHORIZED BY THE FEDERAL COMMUNICATIONS COMMISSION. The General Assembly
....

Federal law trumps state law no matter what side the state law takes. Any
normal judge would just say that a rule already exists to address the issue
so state level action is a waste of time and taxpayers money.

-Dr.X

"itoldyouiamnotiamnotgeorge" wrote
in message ...
"Dr.X" wrote in
:

"itoldyouiamnotiamnotgeorge"
wrote in message ...
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2003 HOUSE BILL 257
RATIFIED BILL AN ACT TO PROHIBIT THE USE OF CITIZENS BAND RADIO
EQUIPMENT NOT AUTHORIZED BY THE FEDERAL COMMUNICATIONS COMMISSION.
The General Assembly
...

Federal law trumps state law no matter what side the state law takes.
Any normal judge would just say that a rule already exists to address
the issue so state level action is a waste of time and taxpayers
money.

-Dr.X


The FCC passed juridstiction over to local/state level for enforcement.
they are well within thier rights.

But doesn't that just mean enforcing existing federal regulations? I don't
think local laws need to be passed for local enforcement of a federal law. I
could be wrong. I'm not a lawyer. :-)

-Dr.X

"Dr.X" wrote:
I'm not a lawyer. :-)

-Dr.X

Geo's keeper is. (Nancy)

--
Kerry voted for that, before he voted against it.

"itoldyouiamnotiamnotgeorge" wrote
in message ...
"Dr.X" wrote in
:

"itoldyouiamnotiamnotgeorge"
wrote in message ...
"Dr.X" wrote in
:

"itoldyouiamnotiamnotgeorge"
wrote in message
...
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2003 HOUSE BILL 257
RATIFIED BILL AN ACT TO PROHIBIT THE USE OF CITIZENS BAND RADIO
EQUIPMENT NOT AUTHORIZED BY THE FEDERAL COMMUNICATIONS COMMISSION.
The General Assembly
...

Federal law trumps state law no matter what side the state law
takes. Any normal judge would just say that a rule already exists
to address the issue so state level action is a waste of time and
taxpayers money.

-Dr.X


The FCC passed juridstiction over to local/state level for
enforcement. they are well within thier rights.

But doesn't that just mean enforcing existing federal regulations? I
don't think local laws need to be passed for local enforcement of a
federal law. I could be wrong. I'm not a lawyer. :-)

-Dr.X


Yes you are wrong,Local laws were passed giving them the right to enforce
FCC laws this passage from the beginning answers your question.

"AN ACT TO PROHIBIT THE USE OF CITIZENS BAND RADIO EQUIPMENT NOT
AUTHORIZED BY THE FEDERAL COMMUNICATIONS COMMISSION

ok, I'll wait and see. But it seems to me that's just RE-enforcment. A total
and complete waste of time and money on the part of the state to make rules
that are already on the books. There is no need for new laws when existing
ones will do the job just fine. To me, if the fed says bank robbery is
illegal, I see no reason for the local gov to make new laws to say the same
thing since they already have the right to enforce it.
I'm not saying that it's not going to pass. I'm sure there are pleanty of
people in NC that will say, "Oh, make illegal radios ILLEGAL. Sure, I'm for
that. Let's vote yes! on proposition bla-bla to make those terrible
"UN-LAWFUL radios into ILLEGAL radios...". It could happen. But I still
think it's still a waste of time.

ok, I'm done. ;-)
-Dr.X

Federal law trumps state law no matter what side the state law takes. Any
normal judge would just say that a rule already exists to address the
issue
so state level action is a waste of time and taxpayers money.

But local jusisdictions (state/county etc) can't enforce federal law.
Having a local ordinance that mirrors the federal allows them to enforce it.

--
KC6ETE Dave's Engineering Page, www.dvanhorn.org
Microcontroller Consultant, specializing in Atmel AVR

"Dave VanHorn" wrote in message
...
Federal law trumps state law no matter what side the state law takes.
Any
normal judge would just say that a rule already exists to address the
issue
so state level action is a waste of time and taxpayers money.

But local jusisdictions (state/county etc) can't enforce federal law.
Having a local ordinance that mirrors the federal allows them to enforce
it.

--
KC6ETE Dave's Engineering Page, www.dvanhorn.org
Microcontroller Consultant, specializing in Atmel AVR



AH! maybe that's what I'm not getting.

-Dr.X

You're telling me state officials can't enforce federal law????

This just sounds to me that NC is cleaning up it's policy to mirror the feds
policy on CB equipment. They've had the authority to seek/confiscate said
equipment for as long as there has been federal legislation on CB equipment.

I googled this and can't find a bill 257 from session 2003.

Some of you can try if you wish and help me out..LOL
http://www.ncga.state.nc.us/gascript...003&BillID=257


Don

"Dave VanHorn" wrote in message
...
Federal law trumps state law no matter what side the state law takes. Any
normal judge would just say that a rule already exists to address the
issue
so state level action is a waste of time and taxpayers money.

But local jusisdictions (state/county etc) can't enforce federal law.
Having a local ordinance that mirrors the federal allows them to enforce
it.

--
KC6ETE Dave's Engineering Page, www.dvanhorn.org
Microcontroller Consultant, specializing in Atmel AVR

Okay, I got it. It's an AMENDED Law. Just like a said. They've ALWAYS had
the power to enforce this at ANY level. They've also always had the "law".
This is simply adding to it(ratified).

I found it he
http://www.ncga.state.nc.us/html2003...0257.full.html

Don

"M-Tech" wrote in message
...
You're telling me state officials can't enforce federal law????

This just sounds to me that NC is cleaning up it's policy to mirror the
feds policy on CB equipment. They've had the authority to seek/confiscate
said equipment for as long as there has been federal legislation on CB
equipment.

I googled this and can't find a bill 257 from session 2003.

Some of you can try if you wish and help me out..LOL
http://www.ncga.state.nc.us/gascript...003&BillID=257


Don

"Dave VanHorn" wrote in message
...
Federal law trumps state law no matter what side the state law takes.
Any
normal judge would just say that a rule already exists to address the
issue
so state level action is a waste of time and taxpayers money.

But local jusisdictions (state/county etc) can't enforce federal law.
Having a local ordinance that mirrors the federal allows them to enforce
it.

--
KC6ETE Dave's Engineering Page, www.dvanhorn.org
Microcontroller Consultant, specializing in Atmel AVR

M-Tech" wrote in message
... You're telling me state
officials can't enforce federal law????

It may be that they can't enforce federal regulation (as opposed to law).
IANAL.

The FCC had a bulletin on this some time back which explained it in terms of
making it possible for local authorities to enforce FCC regs.

--
KC6ETE Dave's Engineering Page, www.dvanhorn.org
Microcontroller Consultant, specializing in Atmel AVR