the law as written was pertaining to two way.. Which as of now is a moot point as they are all encrypted
It's not a 'moot point'. If you have a scanner installed, and you are in their jurisdiction, and they decide it's time to sling some ink, and that is a violation, you are violating. The ordinance clearly states 'receiving', so nothing to do with 'two-way'.
I keep up with this, op, there is an older thread in here where I went through MTAS looking for radio ordinances. I don't know of a single person getting written for scanner possession in Tennessee going back to the late 70's.
People have been charged though. It was an accessory charge. Try to burgle, have a police scanner app on your phone and working, charged with burglary tools. (I have not kept up with adjudication or disposition and that's all I remember).
What I have wondered about, and never run across anything authoritative, is whether DOT will allow you to mount a scanner in a commercial vehicle. I've installed a few over time, but always wanted a letter or notice or something substantive I could put in the vehicle. If you ever find something, please do come back and let us know.
Honestly, between a scanner and waze, at least for our state, waze is the better early warning indicator. Our Troopers do a lot via in car computer versus the old way of calling in tags, sustenance and fuel stops, etc.