FAQ: Florida's Scanner Law

FATF305

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Here is a female that was arrested today 8/15/17 in Miami Dade, FL for having a scanner while carrying a concealed firearm does not state if in a vehicle or not .. but just putting this here.. as many folks in FL are CCW Holders (Concealed Carry Weapon Permit Holders) also.

Guess in Miami they like busting chops ?
 

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IMPRES2

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For that middle one; I know it's not the one in question! Improper Exhibition, he pulled out a firearm in public at some point. That in itself is a crime, and carrying a scanner during the commission of crime increases the penalties.

The lady might have had a CWP, might not have, you can FoIA the police report to get the exact details of what happened and what led to her arrest
 
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IMPRES2

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All three arressts listed have two parts, the concealed weapon and the scanner.
That leads me to believe that they were arrested for one, the concealed weapon, and two, using a scanner in the commission of a crime. If I'm not mistaken, certain LE traffic down in Miami is available on apps like 5-0 radio, which can still be translated into a mobile scanner. The law in Florida has enough gray space to seriously screw you a new one if you don't cover all your bases.
Get your amerature license, cover yourself completely if you are worried.
 
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KK4JUG

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I think the scanner possession is connected with the other crimes. The law assumes the scanner was used in furtherance of the primary crime. It would be rebuttable. Without the firearms charges, it's not likely they would be charged with the scanner possession,

Similar laws, like possession of a firearm during the commission of a felony, would be similar in their application. A permit notwithstanding, a person would be charged with this if they committed certain other crimes. Otherwise, the weapon possession would be legal without the other crime.
 

N4KVE

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The law was written for different reasons. Years ago, police were on VHF, & UHF freq's right above the ham bands. so if a ham was stopped, his radio could listen to the police. The law was written so hams would not have their ham radio equipment confiscated, since all ham radios have a scan function. Nothing really to do with scanner enthusiasts.
 

KB7MIB

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The law was written for different reasons. Years ago, police were on VHF, & UHF freq's right above the ham bands. so if a ham was stopped, his radio could listen to the police. The law was written so hams would not have their ham radio equipment confiscated, since all ham radios have a scan function. Nothing really to do with scanner enthusiasts.
And it could (potentially) be argued that the law only prevents your Amateur radio service radios from being confiscated.
The potential is still there, that an officer could still confiscate your scanner radio(s), and cite you for their possession, while leaving your Amateur (and CB/MURS/FRS/GMRS/et al) radios alone.

I don't know if an officer has ever done this, or how the court ruled on it.
I don't know if an officer would ever attempt to do this, or how the courts would rule on it.
I just hope that it doesn't happen. Especially If/when I'm visiting family there.

John
Peoria, AZ
 

Rred

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If you read the details and the Florida laws, the problem is that they were carrying concealed weapons--apparently WITHOUT A PERMIT. And since the permit is fairly easy to get in Florida, someone carrying a concealed weapon (which is only a crime if you don't have the permit) probably is a ROBBER, THIEF, CARJACKER, or other felony offender with a repeat track record.

There's no reason to think any of these three was Mother Teresa. And the fact that ALL THREE were carrying illegal unlicensed concealed weapons? Makes it sound like a gang up to no good.

In which case, damn straight, if there was a law against wearing white socks, any decent DA would throw it onto the charges as well. When a gang is carrying illegal weapons plus police scanners, it usually means they're going to pull a job and run off when the dispatch call goes on the air.

"PARAMILITARY YOUTH GANG ARRESTED IN PARK FOR BURNING FLAGS!"
A famous example of a headline that perfectly accurately describes Boy Scouts conducting the Congressionally authorized proper destruction of ratty old US flags. Happens hundreds of times a year, all over the country. And there's nothing wrong with it, despite the headline.
 

KK4JUG

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And it could (potentially) be argued that the law only prevents your Amateur radio service radios from being confiscated.
The potential is still there, that an officer could still confiscate your scanner radio(s), and cite you for their possession, while leaving your Amateur (and CB/MURS/FRS/GMRS/et al) radios alone.

I don't know if an officer has ever done this, or how the court ruled on it.
I don't know if an officer would ever attempt to do this, or how the courts would rule on it.
I just hope that it doesn't happen. Especially If/when I'm visiting family there.

John
Peoria, AZ
That assumes the officer might know the difference between the radios. I can tell you that ain't gonna happen. Not one in a thousand officer would know the difference in the radios. They've never been told what's what. As a former LEO (3+ decades), I have first hand knowledge.
 

KB7MIB

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That assumes the officer might know the difference between the radios. I can tell you that ain't gonna happen. Not one in a thousand officer would know the difference in the radios. They've never been told what's what. As a former LEO (3+ decades), I have first hand knowledge.
I've known officers who knew the difference. One was a Ham himself.
It only takes one, who knows just enough to tell a scanner from a two-way radio by the fact that scanners don't have a PTT switch on the side, or a microphone attached to it.

Like I said, the potential is there. It may be very small, a handful of officers out of the total number of officers in the state, but the potential is there.

John
Peoria, AZ
 

KK4JUG

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I've known officers who knew the difference. One was a Ham himself.
It only takes one, who knows just enough to tell a scanner from a two-way radio by the fact that scanners don't have a PTT switch on the side, or a microphone attached to it.

Like I said, the potential is there. It may be very small, a handful of officers out of the total number of officers in the state, but the potential is there.

John
Peoria, AZ
I didn't say none of them would know. My point is very few would know the difference and even fewer would likely concern themselves with it.
 

ElroyJetson

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DO NOT ASK ME FOR HELP PROGRAMMING YOUR RADIO. NO.
Get your ham license and you're covered even if you don't actually own an amateur radio.

My base station "scanner" is a Harris CS7000 with an M7300 radio in it.
My in-vehicle "scanner" is a Harris M7300 radio with a remote control head added to it.
My portable "scanner' is a Harris P7350 portable radio.

These are exactly the same models of radios used by my county's deputies and police.

There's no doubt they'd recognize them.

And they don't care. I'm known to them as a "good guy" and I've worked on their systems in the recent past.

I also hold a CCW.

The only time a cop ever tried to hassle me over a radio, his supervisor arrived and quickly slapped him down for being a dumb@$$ that can't even read and comprehend his own law enforcement handbook.
 
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Update: I got my amateur license (Still waiting for callsign..) but if I have my Amateur radio, would they still look at my SCANNER radio? Want to cover all bases before I go down again with 1 scanner (BCD436HP) and 1 Amateur radio (VX-6 with a Diamond RH-771 antenna.)
 
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