State yes, but you will need to check with particular cities you may want to operate on. Nashville has an old law on the books. I have not heard of it being used but check with your local govt.
Best suggestion is study for your ham license, and this will more than eliminate the legality issue.
Thanks for all the replies. I have a handheld scanner and I am planning on buying a mobile one for my car. I am planning on getting my tech license soon. I have and continue to enjoy listening to the local 2 meter repeaters. Again thanks for all the answers.