Owning a scanner

[W2NJS]

I have been led to believe that a licensed amateur radio operator (ham) is allowed to possess an FCC type approved ham radio with scan capabilities (usual referred to as extended receive) programmed to police, etc; but that does NOT allow the types of scanner only receivers usually referred to in this context. Am I wrong?

Absolutely correct. Under an FCC declaration, made in 1993, licensed amateurs in the USA are permitted to have transceivers in their vehicles which, in addition to their amateur frequency coverage, are also capable of receiving public service (Out of band) transmissions. The FCC number is something like 91-30 and you can find it either on the FCC site or on the ARRL site. Read the document carefully. The language they use is unequivocal, simple, and direct, and it has full force and effect of Federal Law.

 

[bobriff]

Sounds like there may be some states where I can legally carry my pistol, but can not have a scanner in the car?

I'm sorry, but that's just plain messed up!

Maybe we need an NRA equivalent to help us get these laws straightened out.

Bob
WB8LBY

 

[Arizona_Scanner]

Having a ham radio that can tune VHF/UHF public safety bands is rapidly becoming irrelevant, as most law enforcement is headed towards 700/800 MHz P25. The agencies that can be monitored in the Phoenix metro area with a Ham radio could be counted on one hand.

As far as owning a scanner. I would put it away if pulled over, simply because many cops (anywhere) would likely get distracted by it and that is not good.

 

[N1XDS]

Thank you for the replies and comments everyone who posted in my question, so far after this happen no problems whats so ever. I like owning my scanner and carrying it with me on short/distant trips or maybe around town to listen to what goes on in my area. I do get some curious people who comes up in the next lane sitting at the stop light looking to see what I have listening to but nothing said or pointed at. I do enjoy taking the scanner with me it gives me something to listen to if I am not listening to Sirius/XM Radio BPM - Techno/Dance channel or Blue Collar Comedy.

Since I do have a Amateur Radio/Ham License it should give me a right to own and use a scanner of some sort to listen on to the local police/sheriff or whatever it is on the frequency and the dispatch or official saying a emergency around my area. No I will not respond to it. I understand some government officials do wonder and ask questions about people owning a scanner of some sort and getting unhappy with it but it should be that persons right to wonder whats going on in their area.

Just my two cents for what its worth.

- Jamie

 

[W2PMX]

I have been led to believe that a licensed amateur radio operator (ham) is allowed to possess an FCC type approved ham radio

There's no such thing as "an FCC type approved ham radio". There's no type approval for part 97. There's no "approval" at all. The equipment has to meet the regulations, but anyone can build his own and it's legal to use it.

Other than that, what W2NJS says is correct - PR 91-36 specifically preempts state and local laws prohibiting amateur radio operators from using transceivers that can receive public service frequencies in cars. (IOW, the law doesn't exist, as far as the law is concerned, if the person is a licensed amateur and the radio is a transceiver that can operate on amateur frequencies.) But the regulation only covers possession of "amateur radio service transceivers by amateur operators" in cars - it doesn't cover scanners.

 

[mikey60]

Many years ago in Michigan an officer put a young man's scanner in front of his front tire and told the driver to pull forward. The driver was not involved in a crime, he was simply in a traffic jam near Mich Int Speedway when the radio was spotted.

This, of course, was before the law changed in Michigan. The law changed in May of 2006.

Scanners are legal in a vehicle in Michigan unless used in the commision of a crime. If you have been convicted of a felony within the last 5 years, then even owning a scanner is illegal unless you have a Amateur Radio license.

Mike

 

[DaveNF2G]

But the regulation only covers possession of "amateur radio service transceivers by amateur operators" in cars - it doesn't cover scanners.

That is the ARRL's interpretation of the ruling (not regulation). It could be interpreted more liberally, but it has not been tested sufficiently in any court.

 

[RadioDaze]

Sounds like a market is developing for ham transceivers that are capable of trunked scanning. I'd pay good money for that, and I'm in CA, where you can scan without restriction!

 

[RadioDaze]

listening to Sirius... Blue Collar Comedy.

Huh... I never would have guessed, considering your member name.

 

[cacherjoe]

Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0_1 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Version/5.1 Mobile/9A405 Safari/7534.48.3)

Sounds cool but wouldn't work here, at least for scanning law enforcement.

 

[W2PMX]

That is the ARRL's interpretation of the ruling (not regulation). It could be interpreted more liberally, but it has not been tested sufficiently in any court.

What I quoted was PR 91-36 itself, not anyone's interpretation. (BTW, a federal department's "ruling" has the force of federal law - that has been sufficiently tested in the courts.) But you're right - no one has fought a state anti-scanner law when applied for possession of a ham transceiver in the courts. However, I carry a copy of PR 91-36 in my car - and have had more than one officer back off after it was pointed out to him that his state's law wasn't in effect for the equipment he had a problem with.

Now, with all LE going to trunking, it would be difficult to normally monitor them with a ham transceiver. Being hit on a single channel randomly would work, but it would be useless. (But PR 91-36 protects against fundamental overload. If he hears his voice coming out of your speaker, and it's a transceiver, he's spitting upwind.)

 

[DaveNF2G]

I'm curious as to where you have had experience with officers objecting to mobile radio equipment. Your callsign indicates NY/NJ, although we all know that is not an absolute guarantee of location any more.

Did these encounters happen in NY? I have a scholarly interest in applications of the NY V&T.

 

[W2PMX]

Twice in NYC, once on Long Island (yes, I still live in the call area in which I got my ticket) and about half a dozen times while traveling around the country. (Having a Christmas tree on the car helped you get stopped in times gone by. Running enough power to work DX in a pile-up from the mobile didn't help when LE was running dynamotor-powered junk.)

 

[CheezeHedInWisconsin]

In the US scanner laws vary state to state. In Minnesota, for example, I believe that scanner use outside of the home is illegal. In most if not all states, using a scanner to aid a crime is illegal. Most policemen know what a scanner looks like and what it can do, and they also know that the overwhelming majority of scanner enthusiasts are merely listening. Since you're probably not a law breaker, next time you see them react to your scanner, initiate a dialogue with them...they would probably be happy to talk to you.