Plz forgive this lengthy response, I feel the need to ascend my soapbox.... If you live in Kentucky and have a question about scanning in Kentucky plz talk with someone from Kentucky who knows the law and the climate, otherwise it could become a costly mistake.... No, this is not an attempt to squash debate, rather it is an attempt to stop needless debate. The difference between opinion and fact regarding where one may scan in Kentucky is very costly potentially.... read on.
[FONT=Century Gothic, sans-serif]Thank you for that observation.... the majority of folks I know with scanners are listening for their entertainment, security or because their job requires them to know what is happening around them (yes, people ranging from public safety to media)....[/FONT]
[FONT=Century Gothic, sans-serif]Please understand, I am not a member of the Bar in Kentucky nor do I attempt to impersonate any such person; I am an avid scannist and have tried to become as familiar with the so-called Kentucky “Scanner Law” for my protection and the safety of my equipment and the facilitation of my professional endeavors and those of my colleagues.... My information is based upon personal experience and the experiences of others regarding their use of scanners outside their homes... That said, the scanning climate in Kentucky is vexing at best. If, for example, an auto race enthusiast visits the Northern Kentucky Speedway with Racing Scanner in hand, there is a distinct possibility that scanner could be taken because it is capable of receiving police frequencies (whether they are programmed or not) if the person bearing said scanner doesn't meet one of the exemptions and can prove it on the spot. You folks who can't cite Chapter and Verse please don't muddy the already turgid water with opinions, those are for a Court of Law and, if you will read the following paragraph (as with any legal statement, read the entire paragraph) you will see the potential futility of opinion versus fact when faced with the immediate, summary confiscation of your equipment (my emphasis added):[/FONT]
[FONT=Century Gothic, sans-serif]KRS 432.570[/FONT][FONT=Century Gothic, sans-serif](3) It shall be the duty of any and all peace officers to seize and hold for evidence any and all equipment had or used in violation of the provisions of this section, and, upon conviction of the person having, equipping or using such equipment, it shall be the duty of the trial court to order such equipment or apparatus destroyed, forfeited, or escheated to the Commonwealth of Kentucky, [/FONT][FONT=Century Gothic, sans-serif]and said property may be ordered destroyed, forfeited, or escheated as above provided without a conviction of the person charged with violating this section.[/FONT]
[FONT=Century Gothic, sans-serif]The action that shouts at me is the final clause concerning the destruction of property (scanners) WITHOUT a conviction.... as pointed out above, if you are stopped, on foot or in a vehicle—any place but YOUR RESIDENCE with a scanner (a radio capable of receiving police frequencies) and do not meet one of the few exemptions as enumerated in Paragraph 4 (shown below for easy reference) you face loss of your radios WITHOUT a conviction. Your choice is simple: meet one of the exemptions and be able to prove it on the spot or the Commonwealth of Kentucky suddenly owns your radio equipment, period. The option begins with the Law Enforcement Officer making initial contact and does not require a conviction. [/FONT]
[FONT=Century Gothic, sans-serif]KRS 432.570[/FONT][FONT=Century Gothic, sans-serif](4) Nothing contained in this section shall prohibit the possession of a radio by:[/FONT]
[FONT=Century Gothic, sans-serif](a) An individual who is a retailer or wholesaler and in the ordinary course of his business offers such radios for sale or resale;[/FONT]
[FONT=Century Gothic, sans-serif](b) A commercial or educational radio or television station, licensed by the Federal Communications Commission, at its place of business; or[/FONT]
[FONT=Century Gothic, sans-serif](c) An individual who possesses such a radio, provided it is capable of receiving radio transmissions only and is not capable of sending or transmitting radio messages, at his place of residence; licensed commercial auto towing trucks; newspaper reporters and photographers; emergency management agency personnel authorized in writing by the director of the division of emergency management (for state personnel) or chief executive of the city or county (for their respective personnel); a person holding a valid license issued by the Federal Communications Commission in the amateur radio service; peace officers authorized in writing by the head of their law enforcement agency, Commonwealth's attorneys and their assistants, county attorneys and their assistants, except that it shall be unlawful to use such radio to facilitate any criminal activity or to avoid apprehension by law enforcement officers.[/FONT]
[FONT=Century Gothic, sans-serif]Violation of this section shall, in addition to any other penalty prescribed by law, result in a forfeiture to the local law enforcement agency of such radio. [/FONT]
[FONT=Century Gothic, sans-serif]There have been attempts to repeal or modify the law and those have been met with great gnashing of teeth, consternation and doom-saying, alas the law remains, a vestige of a repressive past....[/FONT]
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[FONT=Century Gothic, sans-serif]Under Kentucky's law it is not illegal to possess and use a scanner at home so the law isn't violated ([FONT=Century Gothic, sans-serif](c) An individual who possesses such a radio, provided it is capable of receiving radio transmissions only and is not capable of sending or transmitting radio messages, at his place of residence)[/FONT][FONT=Century Gothic, sans-serif].[/FONT].. The sound advise: get a Ham Ticket and be done with it, there are plenty of Ham Clubs in Kentucky (if you are interested contact me off line and I will assist you in finding one nearby) that will assist you in your quest and will offer uses for your ticket....[/FONT]
[FONT=Century Gothic, sans-serif]As always, the Chief gives good counsel....[/FONT]
[FONT=Century Gothic, sans-serif]Bottomline, if you live in Kentucky please talk with someone from Kentucky who knows the law when looking for information about use of your scanning radio here.... [/FONT][FONT=Century Gothic, sans-serif] otherwise, [/FONT][FONT=Century Gothic, sans-serif]the price can be very high![/FONT]