Michigan Scanner Law

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bsrepellant

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Not trying to start a lengthy discussion, just curious about jurisdiction. This question may be best answered by our friendly law enforcement officials.

I am familiar with the new Michigan Scanner Law, but if a Municipality has a local ordinance against having a scanner in the car, who has jurisdiction?

Does the State scanner law override a Local Municipality Ordinance?

Just curious..
 

Fiveo

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I'm no law expert and you haven't posted a copy of the local ordinance,but IMHO until there is a legal challenge to the local ordinance, it will stand and is enforceable. Local units of government can pass ordinances on any variety of topics that make otherwise legal activities (under state law) illegal (under local ordinance). Take lawn maintence for example. No regulation under state law (that I'm aware of), but many local governments have ordinances that say you must maintain it under a certain height. Many local governments also ban certain behavior as "disorderly" that under state law is not listed in the disorderly statute. i.e. skateboarding on sidewalks, etc. State laws do not "over ride" local ordinances. They are BOTH are valid. Many local ordinances are passed and later challenged in court. Often they are found to be unconstitutional, likely because they are written in many cases by those not familiar with crafting legal language.
 
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MetalManMI

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To the best of my knowledge, there are no ordinances in conflict with the state law relating to scanners. However, if there were, the ordinance would be valid. Where no local ordinance exists, the State law prevails.
 

mikey60

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bsrepellant said:
Thanks MetalMan.

I found this by accident. I was looking on Livonia's on-line ordinances and came across Title 9 Chapter 9.07.

http://www.municode.com/resources/gateway.asp?pid=13598&sid=22

It would be difficult to know every municipality's local ordinances..
That mimics the old State Law. The state no longer issues permits, so that probably should be changed. Many cities do laws like this so that they can procecute locally...

Mike
 

iMONITOR

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That's interesting! Michigan does not have a law prohibiting open carry of a hand gun, and local ordnances can not be created on their own, against open carry of hand guns.

So I would be curious as to why local ordinances could be created against having a scanner radio in a vehicle.
 

detroit780

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Scanner in Vehicles

The date is 1992 and it is worded exactly like the old state law, in fact it mentions permits issued by the state police. They no longer issue permits sinc eit is no legal. I would say they haven't updated their law to reflect the new state law. You could always call them.

Les



bsrepellant said:
Thanks MetalMan.

I found this by accident. I was looking on Livonia's on-line ordinances and came across Title 9 Chapter 9.07.

http://www.municode.com/resources/gateway.asp?pid=13598&sid=22

It would be difficult to know every municipality's local ordinances..
 

n1das

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mikey60 said:
Many cities do laws like this so that they can procecute locally...
If I were driving in that city, I'd listen on my APCO-25 commercial radios and not on my scanners since the tranceivers are my ham transceiving equipment and therefore the federal preemption of state and local mobile scanner laws would then apply.
 

rdale

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n1das said:
If I were driving in that city, I'd listen on my APCO-25 commercial radios and not on my scanners
That wouldn't help... The old Michigan law was stated exactly the same, and successfully prosecuted in the courts.
 

n1das

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rdale said:
That wouldn't help... The old Michigan law was stated exactly the same, and successfully prosecuted in the courts.
Using commercial 2-way radios with APCO-25 capability is 100% legit as ham transceiving equipment. Notice the federal preemption of state and local mobile scanner ordinances for hams specifically applies to the licensed ham's TRANSCEIVING equipment. Whether the ham's transceiving equipment is actually an FCC type-accepted Part 90 radio with P25 capability or simply a transciever marketed specifically for the ham market is technically an FCC type acceptance issue and outside the state's jurisdiction. The federal preemption for hams regarding state's and local jurisdiction's mobile scanner laws still applies nonetheless.

http://www.arrl.org/announce/regulatory/pr91-36/pr91-36.html

Bottom line is if you're a licensed ham and are listening to public safety comms using the out of ham band reception capabilities on your portable and mobile ham transceivers, you are exempt from the state and local mobile scanner law(s) due to the federal preemption.
 
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MetalManMI

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bsrepellant said:
Thanks MetalMan.

I found this by accident. I was looking on Livonia's on-line ordinances and came across Title 9 Chapter 9.07.

http://www.municode.com/resources/gateway.asp?pid=13598&sid=22

It would be difficult to know every municipality's local ordinances..
OK...well, there it is!
Yep, they can still cite against that ordinance. Call them (Livonia) and tell them that per the current state law, permits are no longer required, therefore, the state no longer issues permits...ask them if they issue permits...either that or write a letter to the city council asking them to update the ordinance since the state no longer issues permits due to the legislative changes.

As far as firearms laws...
Michigan has a specific codified law prohibiting restriction (via local ordinances, rules, etc) of firearms ownership, carry, etc. over and above the State laws. There is no such law relating to scanners.
 
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