I am no expert and pretty new to this, but I did do a bit of research and found that while what you say is true about building ham radios, the rules are different for radios such as these that transmit outside of the ham band. The same with mod'ed CB radios not being allowed to be used on 10m. I just want to encourage others to do their homework, especially if you plan on using these for ARES, RACES, etc.
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Modded CBs have been used on 10 meters for years (like since the 60s). Lots of guys take some of the old nicer CB rigs and mod them for 10 meters. There is nothing illegal about it. Lots of the ham magazines used to have articles about modding them. All it has to do is have a clean signal. I'm an ARES member and we could care less what radio anyone uses. As long as the signal is clean you can use whatever you like.
Now for all the other stuff on here:
As far as the HTs from China or where ever they are perfectly legal as well as long as they have a clean signal. I wouldn't buy one because you can pay a few more dollars and get something with a warranty and a manual that is not in Chinese but if someone wants to use one, hey go for it.
As far as a repeater operator keeping someone off a repeater for using a certain radio. The FCC has consistently said that since the repeater is owned by the repeater operator that the Repeater Op can keep anyone off he wants for any reason and you have to comply. Some repeaters are closed and they only let their buddies use it. If they want to keep someone off for having a certain radio or for having an ugly wife thats their prerogative. It may be stupid but perfectly legal. Fortunately repeater ops around here only ban someone that has a foul mouth or is causing constant trouble and then usually after a warning or 2.
As far as transmitting out of band lots of the older military stuff would transmit out of band. It was and still is used on ham and is legal. You can have stuff that will transmit, just be darned sure where you are before you transmit and be sure you are in the ham bands. We should be doing that anyway instead of depending on a radio to do it for us. Lots of hams are modding radios to transmit out of band so they can use 60 meters. There are plenty of radios out there made before we were allowed on 60 meters. One of mine will transmit anywhere so that I can use 60 meters and thats all I use that radio for. The guys at the Kenwood factory told me how to mod it so I could use 60. Its perfectly legal and if your radio does not exceed the carrier bandwidth for 60 meters its perfectly legal.
OK I think I commented on everthing now.
Happy Field Day to all and to all a Good Night!!!