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#1
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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 - |
#2
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On Jan 16, 7:22*pm, 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 - Great, another jail house lawyer! |
#3
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In article
, Douche BAG wrote: Great, another jail house lawyer! and not even one with Brain One in his/her whole head.... It is like this "Radioguy" has a Vacuum Tube for his head, minus all the electrodes.... |
#4
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![]() "You" wrote in message ... In article , Douche BAG wrote: Great, another jail house lawyer! and not even one with Brain One in his/her whole head.... It is like this "Radioguy" has a Vacuum Tube for his head, minus all the electrodes.... If you get stopped for a violation, answer to the violation first. The cop is not going to look at your radio and ask you if it is a GMRS, FRS, or a friggin' CB. OTOH, if your radio is receiving police frequencies, you WILL be asked about that. Since GMRS, FRS and CB radios do not receive Public Safety frequencies, you are good to go. In Indiana, the posession of a radio that receives police frequencies is a misdemeanor. An officer can confiscate the scanner and arrest you via citation OR can take you into custody. For most first offenses the officer will cite and release and your scanner will be returned to you after your Court Hearing. Indiana police officers do not make arrests for those who wander around in public while using FRS or GMRS radios. Radioguy is lying. He is a troll. |
#5
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Todd wrote:
In Indiana, the posession of a radio that receives police frequencies is a misdemeanor. Not exactly. "IC 35-44-3-12 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. (b) Subsection (a)(1) and (a)(2) do not apply to: (1) a governmental entity; (2) a regularly employed law enforcement officer; (3) a common carrier of persons for hire whose vehicles are used in emergency service; (4) a public service or utility company whose vehicles are used in emergency service; (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 newsgathering activities; (B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and (C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county in which the employer's principal office is located; (9) a person engaged in the business of manufacturing or selling police radios; or (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." http://www.in.gov/legislative/ic/cod.../ar44/ch3.html |
#6
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dave wrote:
[...] (8) a person: (A) who is regularly engaged in newsgathering activities; [...] The law is preposterous and illegal, of course -- there is no Constitutional justification for making mere possession of anything a crime (just because a criminal might use a cast iron skillet to bash you on the head and take your money doesn't mean legislators have any right to criminalize skillet possession), and if someone causes radio waves to pass through your property or body, you certainly have the common law right to demodulate (or do anything whatever to) those waves. But, if charged, one has to be realistic and realize that the mental abilities of many judges and jurors are too low to understand the above -- especially since they've been propagandized almost from birth with the false idea that legislators can make any laws they choose. But one could still be free from the scanner prohibition, as long as you operate a news blog, since the section of the pretended law I quote above exempts anyone who is "regularly engaged in newsgathering activities." With all good wishes, Kevin, WB4AIO. -- http://kevinalfredstrom.com/ |
#7
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![]() "dave" 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. |
#8
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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. |
#9
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On Jan 19, 7:27*am, Kevin Alfred Strom
wrote: dave wrote: [...] * * * * (8) a person: * * * * * * (A) who is regularly engaged in newsgathering activities; [...] The law is preposterous and illegal, of course -- there is no Constitutional justification for making mere possession of anything a crime (just because a criminal might use a cast iron skillet to bash you on the head and take your money doesn't mean legislators have any right to criminalize skillet possession), and if someone causes radio waves to pass through your property or body, you certainly have the common law right to demodulate (or do anything whatever to) those waves. But, if charged, one has to be realistic and realize that the mental abilities of many judges and jurors are too low to understand the above -- especially since they've been propagandized almost from birth with the false idea that legislators can make any laws they choose. But one could still be free from the scanner prohibition, as long as you operate a news blog, since the section of the pretended law I quote above exempts anyone who is "regularly engaged in newsgathering activities." Good post Kevin, well said. |
#10
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![]() "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... |
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