You are WAY overthinking this. No radio of any sort, “scanner” or otherwise, can decrypt encrypted traffic for which it does not have the proper keys. ANY radio with receive function can be made to listen on any frequency it’s already capable of listening on, which may or may not include various analog and digital modes and scrambling techniques and encryption, providing you with the the meaningless gibberish noise that results from encrypted broadcast. There’s zero point in telling anyone they’re not allowed to listen to that meaningless encrypted gibberish noise and no reliable way to prevent someone from doing so if they wish.
My 436HP will silence encrypted gibberish for me, even with Close Call alerts, to protect my ears from being subjected to the harsh and unpleasant sounds that result. As a favor to me, it may realize it’s encrypted in normal scan mode and move on to continue scanning for something it can actually decide. Neither Uniden nor I need any law to say don’t subject yourself to the harsh and useless noise resulting from encrypted radio traffic.