New fcc license rules

I have a question for everyone I looked at my ham and gmrs licenses and this showed up Basic Qualifications
Has the applicant or any party to this application, or any party directly or indirectly controlling the applicant, ever been convicted of a felony by any state or federal court?

So since I have a felony from 2003 why was I granted a license then and its causing me to sell all my ham and scanner equipment and say the heck with this hobby ive been a ham since january 2006 now I regret ever getting licensed plus the way the fcc has sprung this notice without warning the ham radio hobby is gonna end up on a rapid decline for people who want to become amateur radio operators but now cant if the person has a felony now this government really sucks bigtime and its not fair what so ever!!!!!!!

It's been discussed on here before.
And answering "yes" is not an automatic disqualification.

Edit: link to thread here https://forums.radioreference.com/a...-605-will-ask-applicants-felony-question.html

WQJQ863 said:

I have a question for everyone I looked at my ham and gmrs licenses and this showed up Basic Qualifications
Has the applicant or any party to this application, or any party directly or indirectly controlling the applicant, ever been convicted of a felony by any state or federal court?

So since I have a felony from 2003 why was I granted a license then and its causing me to sell all my ham and scanner equipment and say the heck with this hobby ive been a ham since january 2006 now I regret ever getting licensed plus the way the fcc has sprung this notice without warning the ham radio hobby is gonna end up on a rapid decline for people who want to become amateur radio operators but now cant if the person has a felony now this government really sucks bigtime and its not fair what so ever!!!!!!!

Click to expand...

You're making the assumption that a felony conviction is cause for an automatic rejection. It isn't. The FCC will evaluate each application on a case by case basis.

You've got six months before your license expires (and the 2 year grace period after that.) Why not file for renewal once you reach the 90 window and see what happens? It's entirely possible the FCC won't even ask the question on a straightforward renewal. Having already held the license as long as you have is also a point in your favor.

I would do what K6CPO said and see what happens. I have no idea what criteria the FCC is using on which felony convictions they suspend folks for and which ones they don't.

With that said, at the end of the day, pleading guilty or being convicted of a felony does have consequences....

Hope it works out for you. Good luck.

I would also point out that this appears on everyone's FCC license information.

WQJQ863 said:

I regret ever getting licensed plus the way the fcc has sprung this notice without warning the ham radio hobby is gonna end up on a rapid decline for people who want to become amateur radio operators but now cant if the person has a felony now this government really sucks bigtime and its not fair what so ever!!!!!!!

Click to expand...

If you regret ever getting a ham license then get out. It is that simple.

It wasn't "sprung" on anyone. When the FCC updated the 605, the question, which should have always been there, was inadvertently left off. Moving at the speed of government, it took them a long time to fix the error. That's all. A felony conviction does not preclude you from holding an Amateur license, nor even a commercial one.

This isn't making anyone a prohibited person like it does with firearms. And it is even less likely the FCC will deny licensing. Renew, answer honestly, and enjoy your hobby.

Or, don't.

WQJQ863 said:

I have a question for everyone I looked at my ham and gmrs licenses and this showed up Basic Qualifications
Has the applicant or any party to this application, or any party directly or indirectly controlling the applicant, ever been convicted of a felony by any state or federal court?

So since I have a felony from 2003 why was I granted a license then and its causing me to sell all my ham and scanner equipment and say the heck with this hobby ive been a ham since january 2006 now I regret ever getting licensed plus the way the fcc has sprung this notice without warning the ham radio hobby is gonna end up on a rapid decline for people who want to become amateur radio operators but now cant if the person has a felony now this government really sucks bigtime and its not fair what so ever!!!!!!!

Click to expand...

The requirement today is the same requirement it was in 2006, the only difference is the form did not ask the question in 2006. This has not been "sprung" on anyone, and really not without warning. The FCC has been assessing ham operators with felony convictions for decades. Some have had their license status changed, others are still hams. This has been discussed in ham online forums and in print media for many years.

Also, what is causing you to sell all of your ham and scanner equipment? Has the FCC specifically told you they are going to revoke or not renew your license?

Even if the FCC did decide to not allow you to have a ham license (however unlikely that may be), what would that have to do with your scanner equipment? A ham license is not required to own a scanner, although yes, inn some states it can make using one in a vehicle easier.

T!

Im just not into scanning much so im selling the only two pieces of my thats left

WQJQ, there are felonies, and there are Felonies. So much depends on how badly you err'd.
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This is one of those unmentioned consequences of growing up that parents, teachers and other authority figures don't impress highly enuff on the flowering youth-- That those rash acts you do can and will follow you through out your life. Just ask anyone of us with professional licenses, security clearances, etc.-- You *! Guard your reputation ! *
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Anyway, the last thing you want right now is a lecture.

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So if you are really serious about this, consult an attorney versant in these particular federal laws. Everything else you hear is a bunch of Sea Lawyer'ing-- nothing else- just noise.
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Expect to pay handsomely for the counsel, but if your hobby means anything to you- that's just one of the prices society will always, constantly access felons.... like firearms, licenses, voting.... but I'm sure you know this--- I'm repeating it.....
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Then too, there are several legal remedies to explore if all looks hopeless..... talk to an attorney.
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Good luck to you Cowboy..............
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......................CF

Coyote-Frostbyte said:

WQJQ, there are felonies, and there are Felonies. So much depends on how badly you err'd.
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......................CF

Click to expand...

CF is right. In Georgia, a bad check on an out-of-state bank is a felony, regardless of the amount. That's done so that rubber check artists don't use the state line as a way to avoid the law. Columbus, GA, is on the state line with only a river separating us from Phenix City, Alabama. Misdemeanors are not extraditable. Also, purse snatching is a misdemeanor in many states (and in federal definition for statistical purposes) but Georgia considers it a felony (robbery by snatching).

I'm sure every state has similar aberrations in their law, so the whole felony criteria area is wide and grey.

Not to drift too far off topic here. I get the voting. I get the firearms. But a ham license? Does anybody actually know that somebody was denied a ham ticket or renewal because they were a felon, or is this just the FCC engaged in the usual government practice of trying to tie people up in lies on their application?

I hold a few governmental clearances, where even speeding infractions from a decade ago, for example, could result in non-issuance of the clearance. I have never heard of anyone actually having a clearance not issued or being revoked because of a simple speeding ticket, but they are really trying to catch you lying, not disclosing, etc. as a judgment of character. I know plenty of people who were not issued clearances, because they didn't feel it was important to disclose a 10 MPH over ticket from a decade ago, etc.

Is that what the FCC is doing or......??? Personally, I don't think the question has any place in amateur radio, but that's just my opinion.

I did my best to try to figure out what you got popped for........ there was a bunch of stuff in different places with similar names or addresses. None of it was very flattering. I see why you seem so spooled up. Good luck with the FCC........ TT

Quoting..
"Is that what the FCC is doing or......??? Personally, I don't think the question has any place in amateur radio, but that's just my opinion."
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Interesting comment, Alcahuete - and I share it; as does, no doubt countless others. But the fact remains; it is a legal requirement of the FCC to disclose felonies. Those are moral turpitudes.... maybe the thinking is; if you have broken major laws before, can society trust you with a license to not break laws again?
I wonder, tho, how many have run afoul of this for something as innocuous as a ham license?... More than likely its all a tempest in a teapot..... then again, want to commit perjury and lie about it on a federal form?....
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That-- to commit a perjury on those disclosures -- is like 'thought crime' to me.....I don't even think it. Every time I get a new Federal security clearance, there are "Brand X" guys asking all sorts of questions of family, neighbors- friends and their dogs about me, let alone FBI, DoD/DoE digging..... Want to bet I don't dot every "i" and cross every "t" on the reams of their forms?...... Heck, I'll (usually) pass on poppy seed bagels just because......
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I agree, asking about felonies on radio licenses may not make sense. But that's how it is. Want answers? Thats what our elect'd representatives are for.. Want changes?... that is what our elect'd representatives are for. Err'd and now want to fight it?-- get a attorney.
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In the meantime, live like a straight arrow if what matters in your life may be wrung, instantly, horribly out of shape it you break the laws. And if you have err'd, never lie about it... you will be found out.
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This topic can set off a mini firestorm, No?.....
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...............................CF

Well unfortunately in my state wisconsin sucks and ive consulted many lawers and my state still nailed me with a class F felony when the person took full advantage of me because I have autism

Just answer yes on that question and submit the application. If it flags your application, the FCC will contact you for more information. Just be honest, thats ALWAYS the best response.

And if it makes you feel better, I am aware of one ham that renewed his license from prison while serving time for a radio related crime. It seems to have gone through just fine, the guy is still licenced.

alcahuete said:

Not to drift too far off topic here. I get the voting. I get the firearms. But a ham license? Does anybody actually know that somebody was denied a ham ticket or renewal because they were a felon, or is this just the FCC engaged in the usual government practice of trying to tie people up in lies on their application?

I hold a few governmental clearances, where even speeding infractions from a decade ago, for example, could result in non-issuance of the clearance. I have never heard of anyone actually having a clearance not issued or being revoked because of a simple speeding ticket, but they are really trying to catch you lying, not disclosing, etc. as a judgment of character. I know plenty of people who were not issued clearances, because they didn't feel it was important to disclose a 10 MPH over ticket from a decade ago, etc.

Is that what the FCC is doing or......??? Personally, I don't think the question has any place in amateur radio, but that's just my opinion.

Click to expand...

Remember that the Form 605 is used across multiple services. Part 13 Commercial and Restricted Radio Service, Part 80 Ship Radio Service, Part 87 Aircraft Radio Service, Part 95 General Mobile Radio Service, and Part 97 Amateur Radio Service, all use the same form. I can absolutely see the validity of this question in some of those services.

Does it belong on a Part 97 application? At first blush I would say no, but the FCC does have the responsibility (by law) and ability to deny an applicant based on "character" issues, one basic and easily confirmed character indicator could be past felony convictions. Not that all felonies should preclude a person from having a ham license, to be sure, but you have to start with something.

As for your speeding ticket and clearance example, I have seen people (well, at least one) denied a clearance based on speeding tickets, even when properly reported on the investigation. However in the specific case I am citing of it was probably because the person showed a repeated pattern and tendency to grossly disregard the law concerning vehicle operation, and it was likely felt this tendency might indicate something of the persons character. Even to me, not involved in the investigation and I generally take posted speed limits as "suggestions", it appeared that there was a blatant disregard for the authorities defining proper vehicle operation and a history of belief that since he did not agree with the laws they should / did not apply to him. His character, based on multiple past actions, displayed an unwillingness to do what was expected, required, of him, and a belief he could make up his own rules as he wanted.

It was apparently decided to not give him the opportunity to apply the same thought process to the protection of and access to classified material.

T!

i hope you didnt hurt anyone

zz0468 said:

Just answer yes on that question and submit the application. If it flags your application, the FCC will contact you for more information. Just be honest, thats ALWAYS the best response.

Click to expand...

If the applicant answers "Yes" on the basic qualification question, it is the applicant's responsibility to provide the explanation and request for confidentiality (if desired) within 14 days of the application. The FCC WILL NOT contact the applicant for further information. If the applicant fails to provide the explanation within the specified amount of time, the application may be dismissed without action.

See the second page of the NCVEC Form 605 for an explanation of procedures:

http://www.ncvec.org/downloads/2017NCVEC605.pdf

Well a 30 second google search shows someone in your hometown with your name got busted for using a ham radio to jam police radio transmissions. Should or will that person now be issued a ham license? I don't think so.