Prometheus
Master
True, but if he's an amateur radio operator, as one of the previously referenced articles suggests, his license from the FCC trumps/preempts state law banning scanners in automobiles.
I did not know that. Tks.
True, but if he's an amateur radio operator, as one of the previously referenced articles suggests, his license from the FCC trumps/preempts state law banning scanners in automobiles.
First, with a name like McVey I would tread lightly anywhere within 100 miles of any federal building. Two, we are all lucky that they caught the guy before he blew Air Force 1/2 our of the sky. (Lord President Obama-Messiah did not use Air Force One on this trip).
ITrue, but if he's an amateur radio operator, as one of the previously referenced articles suggests, his license from the FCC trumps/preempts state law banning scanners in automobiles.
I
Can I get a cite on that? It is illegal here in Indiana to have a scanner in a car but I have never heard of any federal pre-emption of it.
Thanks,
Joe
Can you send the IC that states scanners are illegal in cars.
INGunGuy
Best,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.
Sure, the below code only allows their possession in your home unless you are an exempted person. I do note that the statute does exempt those with a FCC license but I don't think that is because of federal pre-emption.
Best,
Joe
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
If you have a police scanner, it cant transmit, it can only receive, just like your regular am/fm radio...
INGunGuy
IN, note the disjunctive "or" in the definition of "police radio".
*Comp pointed it out . . . nevermind.
Here is IC
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:...
INGunGuy
Isn't the radio illegal only if a person does A, B, or C?
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:...
INGunGuy
Nope, see the "or" at the end of sub 2.
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:...
Yes, but to be in violation of IC 35-44-3-12 one must possess a police radio, transmit over a frequency assigned for police emergency purposes and posses or uses the police radio 1. while committing a crime, 2. to further the commission of a crime. or 3, uses to avoid detection by law enforcement.
So just the act of having the radio in your car does not make it illegal. Only if you use the radio for A, B, or C
INGunGuy