Scanner illegal? in small store

Status
Not open for further replies.

midnightcaller

Member
Premium Subscriber
Joined
Dec 31, 2003
Messages
389
Location
Lake Stevens
I was at my small downtown store in Lake Stevens. I had to buy some dog food the other day. I had some gal come up to me and told me" I was going to get arrested, because I had a police scanner and they where illega"l I had a hard time convincing her that they were not illegal and I could listen to the police and fire, but she did not really believe me

If it wasn't so late I might have been able to play some mond games with her
Midnightcaller
 

car2back

Member
Joined
Dec 19, 2004
Messages
3,021
Location
Tulsa, OK
You have go to appricate the ignorant & stupid; with out them what would there be to listen to on the scanner anyways? :D
 

mikepdx

Member
Joined
Dec 19, 2002
Messages
823
Location
Corbett, OR USA
midnightcaller said:
... I had a hard time convincing her that they were not illegal and I could listen to the police and fire, but she did not really believe me
You definitely went the extra mile trying to convince her at all.

My favorite response is:

Shhhh! You have heard of Homeland Security, haven't you?

and then I just leave it at that. LOL
 
Last edited:

flydream777

Member
Joined
Jan 10, 2006
Messages
143
Location
Illinois
Did you take it into the store with you and listen to it loudly or smthg? How did she know you had it? If I took it into a store I would keep it on my belt with an earpiece or smthg just to not attract unwelcome attention... there's a lot of stupid ppl these days who are bound to think you are up to no good for no reason at all...
 

mcema699

Member
Joined
Mar 11, 2005
Messages
258
Well, ya know, in some places she'd be right. Maybe she's originally from one of those places.
 

n4voxgill

Silent Key
Joined
Dec 15, 2000
Messages
2,589
Location
New Braunfels, TX
it is illegal to have a scanner in a vehicle or business in some places. Here is the Florida law that prohibits possession in a business or vehicle and it is a felony.

843.16 Unlawful to install or transport radio equipment using assigned frequency of state or law enforcement officers; definitions; exceptions; penalties.--

(1) A person, firm, or corporation may not install or transport in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle as herein defined or a place established by municipal, county, state, or federal authority for governmental purposes, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to police or law enforcement officers or fire rescue personnel of any city or county of the state or to the state or any of its agencies
 

Gilligan

Member
Database Admin
Joined
Dec 19, 2002
Messages
2,136
Location
Hagerstown, MD
n4voxgill said:
it is illegal to have a scanner in a vehicle or business in some places. Here is the Florida law that prohibits possession in a business or vehicle and it is a felony.
I'm not sure which law in Florida I remember reading, but before I moved down there for a year, I got my ham license to get around it. Wanted to be able to have my scanner in my car and I think the allowances were either signed permisison from police/fire chief or ham license. I picked the ham license and ended up enjoying amateur radio along the way. Scott, KB3HON
 

daleduke17

Member
Joined
Mar 9, 2006
Messages
360
Location
Bloomington, IL
So, is it illegal in Florida for Radio Shack to sell them? Since they would be a business and they would be possessing them. Or, would the police wait until you purchase it, then cite you for owning it inside a business?
 

flydream777

Member
Joined
Jan 10, 2006
Messages
143
Location
Illinois
That's a good question. When I was in FL, I went into a Radioshack to buy a scanner antenna. I was in a hurry so I did not check to see if they sold scanners, but I did buy the "scanner antenna" and the guy didnt ask for any license or anything...
 

n4voxgill

Silent Key
Joined
Dec 15, 2000
Messages
2,589
Location
New Braunfels, TX
yep illegal to have them in a store for sale or for UPS to transport one to your house. All of this has been beat to death in the Florida thread. Just better be careful walking around in a business with a scanner trying to give the impression you are the police and you may well be picked up. Tell someone your in the CIA and kiss your civil rights good bye.

Yes hams are exempt.
 

red8

Member
Joined
Jan 16, 2004
Messages
652
Location
denham springs la.
I was in Floriduh visiting my uncle in '05 and his next door nekghbor is a deputy with Palm Beach County. On the morning my wife and I
were leaving we saw him outside and we talked to him and I had my
scanner in my belt and it was on but he said nothing about it. I listened to it from Floriduh back to Louisiana. Plus while I was in Palm
Beach I went to a Radio Shack at the mall there and they had scanners on display in the store there. If they have a law about
possessing one, it is not being enforced.
 

n4voxgill

Silent Key
Joined
Dec 15, 2000
Messages
2,589
Location
New Braunfels, TX
just don't be suspicious and give the police a reason to try and find something to arrest you for. The old law prohibited installing a scanner, and was a misdeamenor, then the 2005 legislature added install or possess and upgraded it to a felony.
 

W4KRR

Member
Premium Subscriber
Joined
Apr 1, 2001
Messages
3,075
Location
Coconut Creek, FL
n4voxgill said:
just don't be suspicious and give the police a reason to try and find something to arrest you for. The old law prohibited installing a scanner, and was a misdeamenor, then the 2005 legislature added install or possess and upgraded it to a felony.
Like you said, this has been addressed in the Florida Forum. The law there mainly deals with the operation in a motor vehicle. Mere posession of a scanner in Florida is not illegal.
 

N4DES

Member
Joined
Dec 19, 2002
Messages
2,193
n4voxgill said:
just don't be suspicious and give the police a reason to try and find something to arrest you for. The old law prohibited installing a scanner, and was a misdeamenor, then the 2005 legislature added install or possess and upgraded it to a felony.
Is was changed from a second degree misdemeanor to a first degree misdemeanor, not a felony.

(4) Any person, firm, or corporation violating any of the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

http://www.leg.state.fl.us/statutes...y_Statute&Search_String=&URL=CH0843/Sec16.HTM
 
Last edited:

mkh

Member
Joined
Jan 22, 2006
Messages
222
Location
Jacksonville, FL
Here's the full text and yes section (3) makes exemptions for hams. That was part of the incentive for me to go ahead with obtaining my license.

This has been beaten to death in Florida and it pretty much boils down to common sense and the intent. It's just like speeding - 1 mile over the limit and you are technically in violation of the law and supject to fines. Common sense/descrtion/intent for the most part protects you in both cases.

As an ex reserve office I don't advise anyone to pretend to be the Police, CIA or Homeland Securty - remember common sense. We have it (hopefully) and the bad guys don't.



843.16 Unlawful to install radio equipment using assigned frequency of state or law enforcement officers; definitions; exceptions; penalties.--

(1) No person, firm, or corporation shall install in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle as herein defined or a place established by municipal, county, state, or federal authority for governmental purposes, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to police or law enforcement officers of any city or county of the state or to the state or any of its agencies. Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System or to affect any recognized newspaper or news publication engaged in covering the news on a full-time basis or any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.

(2) As used in this section, the term:

(a) "Emergency vehicle" shall specifically mean:

1. Any motor vehicle used by any law enforcement officer or employee of any city, any county, the state, the Federal Bureau of Investigation, or the Armed Forces of the United States while on official business;

2. Any fire department vehicle of any city or county of the state or any state fire department vehicle;

3. Any motor vehicle designated as an emergency vehicle by the Department of Highway Safety and Motor Vehicles when said vehicle is to be assigned the use of frequencies assigned to the state;

4. Any motor vehicle designated as an emergency vehicle by the sheriff of any county in the state when said vehicle is to be assigned the use of frequencies assigned to the said county;

5. Any motor vehicle designated as an emergency vehicle by the chief of police of any city in the state when said vehicle is to be assigned the use of frequencies assigned to the said city.

(b) "Crime watch vehicle" means any motor vehicle used by any person participating in a citizen crime watch or neighborhood watch program when such program and use are approved in writing by the appropriate sheriff or chief of police where the vehicle will be used and the vehicle is assigned the use of frequencies assigned to the county or city. Such approval shall be renewed annually.

(3) This section shall not apply to any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission or to any recognized newspaper or news publication engaged in covering the news on a full-time basis or any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.

(4) Any person, firm, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
 

N4DES

Member
Joined
Dec 19, 2002
Messages
2,193
That's an old version, the most current is the url that I posted above or this:

843.16 Unlawful to install or transport radio equipment using assigned frequency of state or law enforcement officers; definitions; exceptions; penalties.--

(1) A person, firm, or corporation may not install or transport in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle as herein defined or a place established by municipal, county, state, or federal authority for governmental purposes, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to police or law enforcement officers or fire rescue personnel of any city or county of the state or to the state or any of its agencies. Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System or to affect any recognized newspaper or news publication engaged in covering the news on a full-time basis or any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.

(2) As used in this section, the term:

(a) "Emergency vehicle" shall specifically mean:

1. Any motor vehicle used by any law enforcement officer or employee of any city, any county, the state, the Federal Bureau of Investigation, or the Armed Forces of the United States while on official business;

2. Any fire department vehicle of any city or county of the state or any state fire department vehicle;

3. Any motor vehicle designated as an emergency vehicle by the Department of Highway Safety and Motor Vehicles when said vehicle is to be assigned the use of frequencies assigned to the state;

4. Any motor vehicle designated as an emergency vehicle by the sheriff or fire chief of any county in the state when said vehicle is to be assigned the use of frequencies assigned to the said county;

5. Any motor vehicle designated as an emergency vehicle by the chief of police or fire chief of any city in the state when said vehicle is to be assigned the use of frequencies assigned to the said city.

(b) "Crime watch vehicle" means any motor vehicle used by any person participating in a citizen crime watch or neighborhood watch program when such program and use are approved in writing by the appropriate sheriff or chief of police where the vehicle will be used and the vehicle is assigned the use of frequencies assigned to the county or city. Such approval shall be renewed annually.

(3) This section shall not apply to any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission or to any recognized newspaper or news publication engaged in covering the news on a full-time basis or any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.

(4) Any person, firm, or corporation violating any of the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
 
Status
Not open for further replies.
Top