Every FRS/GMRS radio I have seen all scan. Therefore, they are
definitely scanners.

Since the deseral exemption applies only to ham radio operators and
even then only to ham radio transcievers which can also scan out of
band, and not to any other type of scanner.

It is against the law to use a frs/gmrs radio while mobile in New
York, Kentucky and a few other states.

And in Indiana, not only is it illegal to use your frs/gmrs radio
while mobile, it's also against the law for you or your kids to use
your frs/gmrs while portable (while walking around outside of your
house since thast is "in puiblic". where the public can see you.

Cops have already illegally confiscated ham hts they see in vehicles.

Sometimes the ham can get out of it by showing the cop their fcc-
issued ham license.

And somerimes not. i read that the LAPD does not and will not accept
federally FCC-issued ham licenses as proof of license and that they
only accept proof of being licensed to use your ham radio if the ham
radio permit was issued by the LAPD. from what I read posted
elsewhere.

But what does a unlicenced frs user do when a cop sees their frs radio
which doesn't even cover gmrs frequencies in the car?

It's still a scanner, but in that case, the driver has no radio
license to show to the cop since it's FRS and a GMRS license wouldn't
cover it anyway, even if the radio was one of the newer fts/gmrs
radios and the driver was a gmrs licensee since federal law doesn't
erxempt gmrs licensees, only ham licensees.

It's also against the U.S. Constitution to apply laws unequally to
U.S. citizens.

Therefore, to remain constitutional, either ALL citizens including
hams must be banned from having radios capable of scanning while in
their vewhicles or ALL citizens including non-hams must be allowed to
have radios capable of scanning the exact same frequencies while
driving.