Forget about all the other posts - this is what you need:

http://www.arrl.org/announce/regulat...36/pr91-36.pdf



On Sat, 16 Jan 2010 16:22:10 -0800 (PST), radioguy
wrote:

On Jan 16, 6:00*pm, radioguy wrote:
* Make sure you have yourhamradiostation license also. *If you
don't,





the police may become suspicious of you.

You no longer need to carry a copy of yourhamlicense around with you
for a couple of years allready. *Thecophas no business asking for your
Hamlicense, only an officer of the FCC can ask for it, and even THEY
won't since you don't need to have it ON you anymore! *All you need is
an issued callsign.

I thought all FCC transmit licenses were supposed to be affixed to the
transmitter or a reasonable distance to it? *Granted this is silly for
ahamoperator because of the different amounts of equipment they may
have.....but you should still have it with you.

As for acopnot being able to ask for your ticket - this is not true.
You are saying a localcop(or state - whatever) has no authority to
enforce a Federal violation.

If thecopis investigating a situation that involves you transmitting
on, what he believes, ahamradio- he can certainly ask for proof
that you are authorized to do so. *Because if you are not authorized,
there is a Federal law being violated.

In some states, you are allowed to carry a handgun concealed with the
proper paperwork. *If thecopsees that you have a gun, do you think
he'll ask to see your handgun

What if you are a legal GMRS user operating under autrhority of one of
your relative's GMRS license and a cop asks you for your proof?

You have none to show the cop beccause the FCC doesn't issue paper
licensces to relatives, only to your relative.

Who isn't with you at the time.

and doesn't need to be.

So the cop indeed has no business asking to see your radio license and
no authority to confiscate your radio for not doing so.

Under FCC rules, a GMRS licensee's parents, children, grandparents,
uncles, aunts, nephews, and neices (and possibly others I missed, such
as spouse, spouse's parents, children, grandparents, uncles, aunts,
nephews *anbd neices

So two or more of them mobile talking to each other can not all have
the license with them when there is only one license.

So the cops indeed have no business asking you for your federally
issued radio license and no authority to condiscate it since you are
operating completely legally.- Hide quoted text -

- Show quoted text -

"Todd" anon@anon wrote in :


"dave" wrote in message
...
Todd wrote:
wrote in message
...
Todd wrote:

In Indiana, the posession of a radio that receives police
frequencies is
a
misdemeanor.

Not exactly.

Read it again...exactly.
A Class B misdemeanor....

Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police
emergency
purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.


You gave no exceptions. There are in fact many.

Name and quote a couple...



(b) Subsection (a)(1) and (a)(2) DO NOT APPLY TO:
;

(5) a person WHO HAS WRITTEN PERMISSION from the chief
executive officer of a law enforcement agency to possess a police radio;

(6) A PERSON WHO HOLDS AN AMATEUR RADIO LICENSE issued by the
Federal Communications Commission if the person is not transmitting over
a frequency assigned for police emergency purposes;


(7) a person who uses a police radio ONLY IN THE PERSON'S DWELLING OR
PLACE OF BUSINESS;

(8) a person: (A) WHO IS REGULARLY ENGAGED IN NEWSGATERING ACTIVITIES;

(10) a person who possesses or uses a police radio during the
normal course of the person's lawful business.


(c) As used in this section, "police radio" means a radio that is
capable of sending or receiving signals transmitted on frequencies
assigned by the Federal Communications Commission for police emergency
purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.


The term DOES NOT include a radio designed FOR USE ONLY IN A DWELLING.


As added by Acts 1977, P.L.342, SEC.1. Amended by P.L.162-1994, SEC.1."


You're implying that mere possession of a "police radio" is a misdemeanor
in the state of Indiana, period.

The law clearly states that it only applies to vehicular or portable use
- NOT to possession of a "police radio" inside of a home or other
building.

The law provides MANY exemptions, incuding licensed hams, newspaper or TV
reporters, individuals who sell or service police radios, or basically
anyone who has some form of written permission (a permit) from their
local law enforcement.

In three places, the law makes it clear that there is nothing illegal
about having a radio capable of receiving police frequencies in one's own
home or place of business.

It would be really strange if ANY possession of a "police radio" was
illegal in the state of Indiana, considering that the Electra company,
who for all intents and purposes invented and popularized the police
scanner with their famous "Bearcat" line, was located in Indiana (before
merging with Uniden of Japan in the 1980's.)

Umm...not true. IF you are licensed it is no trouble to carry it on your person. Also it tells the LEO that you are legally authorized to possess and use said eqipment! I have been doing this for 30 years and NEVER been questioned beyond routine...But are you authorized at all? IF so then you wouldn't have to read this,right? IF you are living WITH a gmrs license holder then GET a copy of that gmrs license,RIGHT?
n9zas