New York State Scanner Permit

[Senegal1]

Hello,

Has anyone ever got a permit for using their scanner in their vehicle
in NYS?

Section 397 NYS V&T Law allows carring a scanner if a permit is issued by
"the person authorized to issue such permit by the local governing body or board of
the city, town or village in which such person resides".

Just looking to see what the format would be for such letter.

Thanks,

 

[DaveNF2G]

To my knowledge, no civilian (meaning anyone not employed by or volunteering with an official agency) has ever been granted such a permit, with the possible exception of some news reporters.

Take a look at the Laws & Regs section of NF2G's Forensic Scannist Pages for detailed info on who can issue such permits and other stuff.

NF2G - New York

 

[comspec]

If you are a volunteer FD or EMS, News Agency, occasionally tow companies or selected secuirty officers (for like schools and public buildings) you might get a permit, but it is issued by your local authority so how easy or hard it is to get one depends on your Police Commisoner, Chief, Sheriff, etc. I got one from a PD Chief friend of mine but now he is retired so "No Permit for Me"

You gotta love New York City's Law for a scanner permit. It costs $25.00 per year or if you get caught without one the fine is $25. Of course they could still enforce sect 397. but I wonder how many people pay for the permit vs. how many just take chances on getting caught.

BTW I swear NYC's "Scanner" permit is the same for a "Pistol" permit with the work "Handgun" Crossed out and "scanner" written in it's place.

Every now and again, this topic and its related topics come up hence the reason for the locked forum on NYS Scanner Laws. I suggest you read through it and the NF2G site to see why this is a topic best left undisturbed.

 

[c0untyb0y]

I was issued a scanner permit when I used to live in Cattaraugus County years ago. When I moved to Oneida County about 10 years back now I gave my Catt Co credentials to the sheriff's office in Oriskany and was denied a permit, but I did get a letter on SO letterhead stating that I could carry a scanner with just about anything not law enforcement programmed in. During all those times either permitted or not, I've ran with a scanner in the POV without issue. Scanner in the car related, funny thing that happened to me on the day I received my driver's license. I was stopped by NYSP for "speeding through a work zone" but as it turns out it was another very similar car to mine that was the offender, not me. When I was pulled over, the Trooper looked in my back seat and saw my portable CB radio and mistook it for a scanner and I had to prove to him (and his then arriving backup!) that it wasn't a scanner. After that and sorting out the pieces of paper my DMV examiner just gave me mere minutes ago from the road test that constituted my driver's license, I was on my way again. fun!

 

[ffemt601]

Get into ham radio and your problem will be solved.

 

[auxscan]

Getting a pistol permit is easier than a scanner permit in NYC. lol. I think you better off getting a ham license. otherwise keep it at home espcally if your on the thruways, NYS Troopers just dont give ya a break. I get along with city police but them state troopers are another story.

 

[auxscan]

anybody got the achual typed law where you have the right to monitur any radio communications unless it encryped?

 

[n1das]

anybody got the achual typed law where you have the right to monitur any radio communications unless it encryped?

No such law exists since we technically DON'T have a right to monitor. However not having a right to monitor and having to avoid monitoring are two different things.

Like others have said, get into ham radio and your NYS mobile scanner problem will be solved.

 

[mancow]

Maybe someone needs to challenge it on the basis of free speech and the 1st Amendment similarly to the 2nd and the Heller case.

Isn't the ability to listen a fundamental component of speech?


blah blah blah I know but I figured it was good for a forum argument.

 

[DaveNF2G]

We have already argued this in another thread, which is locked and to which everyone has been referred by a previous poster in this thread.

Maybe the Mod should lock this one, too.

 

[PJH]

Maybe someone needs to challenge it on the basis of free speech and the 1st Amendment similarly to the 2nd and the Heller case.

Isn't the ability to listen a fundamental component of speech?


blah blah blah I know but I figured it was good for a forum argument.

Don't make me hit you over the head in May with a MBITR or Liberty when you come to visit Scott's room this year

Still love the Falcon you have though

BTW, I have a connection to your favorite radio company, going to try to get the new version for that weekend

 

[fourthhorseman]

LOL,,its just like trying to own a handgun in the metro NYC area,,,

you need to get a permit,
but permits are generally not issued
to the open public-Unless your willing to
pay!

pretty freakin sad,with all the things that are
prohibited..scanners,,i mean i get it,,but how many
crooks are going to be concerned about state law..

the only people who get proverbially whizzed on are
the legit-hobby listiners.

gotta love it,,
cant fish the kings fish,,Unless the king gives you a permit,,
cant hunt the kings deer,,Unless you have a permit,,
cant hear the kings TX's...Unless you have a permit......

 

[fourthhorseman]

but I did get a letter on SO letterhead stating that I could carry a scanner with just about anything not law enforcement programmed in.

now,,just the sidewinder in me talking now,,but,,

with all the radios that have Vscanner-Vfolders to utilize,,realistically,,you could just enter a v-volder with utility and air freq's,,just keep the LE-Ops in a diff folder,,

how many LEOs are going to takethe time to browse your V-Lists by the road side..

 

[DaveNF2G]

anybody got the achual typed law where you have the right to monitur any radio communications unless it encryped?

It's in Title 119 of the United States Code.

Not a right, an authorization of the privilege.

 

[DaveNF2G]

I was issued a scanner permit when I used to live in Cattaraugus County years ago. When I moved to Oneida County about 10 years back now I gave my Catt Co credentials to the sheriff's office in Oriskany and was denied a permit, but I did get a letter on SO letterhead stating that I could carry a scanner with just about anything not law enforcement programmed in.

Your letter from the sheriff's dept would not hold up in court. Under NYS law, a sheriff's department is not a "police department" and therefore does not fall under the class of entities that may issue permits under S.397.

 

[threadlessglass]

We have already argued this in another thread, which is locked and to which everyone has been referred by a previous poster in this thread.

Maybe the Mod should lock this one, too.

Why would you want the "mod" to lock this one too! Everyone is bringing up execellent arguements. I hope your not in favor of big brother?

 

[elk2370bruce]

Maybe someone needs to challenge it on the basis of free speech and the 1st Amendment similarly to the 2nd and the Heller case.

Isn't the ability to listen a fundamental component of speech?


blah blah blah I know but I figured it was good for a forum argument.

Okay, Are you going to lead this Pickett's Charge up the hill to Albany's State House? The costs of such an effort would be monstrous and the time and stress involved in this lost cause would be monumental. Do you have the dollars, time, patience, and fortitude to address this "Freedom" issue? Here is a reall issue for a forum argument.

 

[n2jjm]

It could be argued that the exemption for amateur radio operators ONLY applies to them operating (and listening) to their HT's and mobile radios ONLY on amateur bands.

the law states ----- and in connection therewith a receiver or receiving set on frequencies exclusively allocated by the federal communications commission to duly licensed radio amateurs.

Even with a Ham license you should still be careful - police frequencies - especially 800 MHZ are not exclusively allocated to amateur radio use.

 

[auxscan]

so yaesu radio wouldn't work.

An amateur radio like a yeasu ft-60r is an amateur radio but has wide band recieve on VHF and UHF band as well as the 800MHz band. So this radio can RX all analog transmissions that for police use.

This law is poorly wriitten, maybe an updated law will be much apperciated. Troopers busting ham balls becaues they have a yeasu radio is very stupid!

 

[n2jjm]

As I always do - I did not explain my point specifically enough. Sorry if I mislead anyone.

First I agree - the law needs rewriting. Whoever was the original author was not an amateur radio operator and things have changed since the law was written.

My opinion is that this law was two-fold (and obviously it is my opinion and in fact I may be wrong) - first to keep people from monitoring police frequencies in vehicles.

I do not believe the law was meant to allow hams to use a police scanner in a moving vehicle although hams, including myself, in NYS have long believed this. At the same time hams are protected so as not to be "harassed" by the use of their mobile amateur equipment as some police officers are not familiar with what ham radio is all about.