Convicted felon and FCC license

[cmjonesinc]

I would be curious to see the results. I wasn't trying to argue, I was just trying to see if there was any actual relevant data suggesting why a felon shouldn't have an amateur radio license. It seems like a dwindling hobby and as we all know the FCC isn't exactly the most up to date agency. While I agree we should have laws to protect everyone, I just find it difficult to imagine how preventing someone from getting a radio license is going to stop crimes. If someone already has no regard for the law, not having a piece of paper from the FCC is going to matter. The argument that radio clubs allow people to be around children also seems irrelevant. Radio clubs often allow nonlicensed people who are interested in the hobby but haven't yet taken the test to join. I'm sure there are some out there that would want a full background check to join any hobby group.

 

[prcguy]

I don't think the reason the FCC takes away licenses for some criminals has anything to do with them possibly committing more crime's, its to keep the pool of licensees at a certain level of decency.

I would be curious to see the results. I wasn't trying to argue, I was just trying to see if there was any actual relevant data suggesting why a felon shouldn't have an amateur radio license. It seems like a dwindling hobby and as we all know the FCC isn't exactly the most up to date agency. While I agree we should have laws to protect everyone, I just find it difficult to imagine how preventing someone from getting a radio license is going to stop crimes. If someone already has no regard for the law, not having a piece of paper from the FCC is going to matter. The argument that radio clubs allow people to be around children also seems irrelevant. Radio clubs often allow nonlicensed people who are interested in the hobby but haven't yet taken the test to join. I'm sure there are some out there that would want a full background check to join any hobby group.

 

[bill4long]

I think someone needs to do a study that includes the number of amateur radio operator felons and their repeat offenses and how many got their licenses yanked.

Go ahead.

 

[natedawg1604]

Does the FCC actually perform like a criminal background check on every applicant? I'm 99.9% sure the answer is "no", if someone was a convicted Felon it seems highly unlikely the FCC would find out unless it was disclosed by the applicant.

 

[AK9R]

This nonsense should have been moved to the tavern.

Then why did you post two comments after you made this statement? That's a rhetorical question that requires no answer. If you don't like the topic, ignore it or report it so the moderators can deal with it.

That said, let's stick to the original topic which is holding an FCC amateur radio license as a convicted felon. Recidivism among formerly incarcerated people is not really on-topic.

 

[TomLine]

These are the same buttons the media likes to push. Fear, subjective knowledge, no simple math formula fits. When the answer is complex and takes effort beyond watching TV, the kids just throw the game pieces at each other.

 

[N4GIX]

Does the FCC actually perform like a criminal background check on every applicant? I'm 99.9% sure the answer is "no", if someone was a convicted Felon it seems highly unlikely the FCC would find out unless it was disclosed by the applicant.

I agree. Given the very rapid response in granting licenses to those who've passed the exam, there simply isn't enough time for even a computer check.

 

[bill4long]

Given the very rapid response in granting licenses to those who've passed the exam, there simply isn't enough time for even a computer check.

I don't know if they do it or not in general, but it would be easy to automate.

 

[Thorndike113]

I know someone right now that is a convicted felon. He held a ham license before he was convicted. He renewed his ham license since the felon status and never disclosed his felon status and the FCC to date has not checked. You can have a felony on your record and still obtain a ham license. You have to submit a letter explaining the specifics of what happened and how long you served and show that you have turned your life around and what you are doing to not get in trouble again. It is a case by case basis. There isn't any one single crime that will get you denied that I know of. But you do have to prove that you will not get in trouble again in the letter you submit. It is required before they give you a license or renew, that is, if you were honest and checked the box for being a convicted felon. If you lie and they happen to check it, your license will be instantly revoked. I know all of this to be 100% truth, not something I heard.

 

[n3obl]

I know someone who is actively serving state prison time and a family member renewed the individual ham license. Not sure if that is legal.

 

[ArtU]

I agree. Given the very rapid response in granting licenses to those who've passed the exam, there simply isn't enough time for even a computer check.

I have seen NICS background checks go thru the new electronic process in less then 2 mins; which means the computer knew in about 20-30 secs. The longer wait times is when NICS sees a hit and they need a Human level two or higher examiner understand why someone is in the data base.

 

[MTS2000des]

I know someone who is actively serving state prison time and a family member renewed the individual ham license. Not sure if that is legal.

Take a look at this guy:

ULS Application - Amateur - 0004096185 - Ferguson, Edward W

Convicted of multiple felony counts of molesting children, actively serving multiple sentences in a Georgia prison:

Child Molesting advisor - Firehouse Forums - Firefighting Discussion

Dicusssion for explorers & juniors

forums.firehouse.com

Yet the FCC has "set aside his license for offline review" when he filed a renewal from BEHIND BARS...and yet, a decade plus two later, his license is still showing ACTIVE status with ZERO action on part of the FCC.

If one's criminal history involved stalking, molesting or serious crimes against victims contacted by ham radio as Ed Ferguson absolutely did, if there were ever a case for setting a license aside, this would be it.

A decade plus later, no action. The FCC is a joke. He could still lawfully operate as his license has not been revoked, set aside, cancelled or expired.
You can't make this stuff up.

So if they wont' actually pull the ticket of one who was found guilty of molesting multiple underage victims, many of which were hams and he used amateur radio mentoring (among other tactics) to gain access, someone with some other non-violent history like shoplifting, drug possession, etc should not be barred from entry. I mean, what's the threat, really? Kinko the Kid Loving Clown renews his license from prison. BDA's get thrown up without authorization and jam my radio system for 4.5 months, millions of Boaturds preprogrammed with part 90/95/97 get imported. Yeah, the FCC is doing a FABULOUS job raising the bar ensuring the "wrong" people don't turn the ham bands into a cesspool.

 

[ecps92]

NICS and NCIC are two different accesses
NICS is for Firearms Licensing/Purchasing
NCIC is the Wanted/Stolen and III [CHRI]

I have seen NICS background checks go thru the new electronic process in less then 2 mins; which means the computer knew in about 20-30 secs. The longer wait times is when NICS sees a hit and they need a Human level two or higher examiner understand why someone is in the data base.

 

[W5lz]

There is/was a question om the '610's asking if the applicant had ever been convicted of a felony. Has it been removed?

 

[AK9R]

Form 610 is no longer used. The FCC expects everything they process to be done electronically. The National Conference of Volunteer Examiner Coordinators (NCVEC), who is the umbrella organization that facilitates communications between the FCC and the VECs, has a Form 605 that is used at testing sessions for new licenses or upgrades to existing licenses. The NCVEC Form 605 has a question near the top of the front page that reads: "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?" If the applicant answers "Yes" to that question, there are further instructions from the FCC on the back of the Form 605 that the applicant must follow.

When you attempt to renew an existing amateur radio license in the FCC's online system, you are presented with this question: "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?"

 

[BackToEden]

I don't think the reason the FCC takes away licenses for some criminals has anything to do with them possibly committing more crime's, its to keep the pool of licensees at a certain level of decency.

Define "decency".

 

[prcguy]

Behavior that conforms to accepted standards of morality or respectability.

Define "decency".

 

[BackToEden]

Behavior that conforms to accepted standards of morality or respectability.

Not trying to bust balls, but that is a VERY broad brush.
Accepted by who?

 

[prcguy]

Its from Google dictionary, so it must be so!

Not trying to bust balls, but that is a VERY broad brush.
Accepted by who?

 

[Duckford]

I thought I heard someone somewhere say something about someone lying about being a felon on their application and the lie was what got him denied. I think it is one of the situations where lying about it is actually worse than admitting it. The FCC might take the time to easily flag you for a conviction, and probably has a lot less time to sort through people's convictions. My guess, only.

As for child molesters, they should be shot and put into a hole in the ground. Much less let out of jail. Much less given any license to do anything.