Why do I always read that Ham Radio operators here in Tennessee are exempt from the Scanner laws of having them in their car they can have one because they have an FCC License but What about Us GMRS Operators who HAVE an updated FCC license.Why is it different for US?Isn't the license the same as far as federal laws go or does the State over ride the Federal Government Whom I thought was higher?
Scanner Laws
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What scanner law are you referencing?
The only law about scanners in Tennessee is
It is against the law to have a scanner in a car while committing a crime. It has been this way for the last 50 years.
§ 39-13-608 - Offense of interception of radio frequency transmission to flee from criminal offense. :: 2014 Tennessee Code :: US Codes and Statutes :: US Law :: Justia
It is against the law to have a scanner in a car while committing a crime. It has been this way for the last 50 years.
§ 39-13-608 - Offense of interception of radio frequency transmission to flee from criminal offense. :: 2014 Tennessee Code :: US Codes and Statutes :: US Law :: Justia
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Ask them to show you the law in print, or ask them where you can look it up to see it for yourself.
belvdr
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Agreed. At the very least, get the numbers to the law so you don't end up on a vague search.
Were they talking about scanners, or were they talking about radios in relation to distracted driver laws?
That's a good distinction to make.
They were talking about scanners in General.I moved here from Illinois and there You can have a scanner in your car even a Handheld on your side even in Chicago The Police told me they are perfectly legal in vehicles there or on your side as you walk down the street as long as you don't commit or assist in a crime with one So that's why I wanted to know about it here I knew a few guys that had them in their vehicle in Columbia Tennessee then they didn't have them anymore when I asked what happened to their scanner they told me it was confiscated because it's against the law here.
It's about Scanners in General
ecps92
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Handsfree exempts two-way radios - sounds like the boyz in blue were blowing smoke
It sounds like your question of whether or not you can have a scanner in your car has been addressed. You've been provided with a link to the applicable Tennessee law. You may want to print it out to keep with you. However, individual counties, cities, towns, or other municipalities may enact laws that override TN law. You'd have to look into that. A phone call to your local prosecutor's office may be a place to start.
You asked some other questions that weren't addressed.
What about Us GMRS Operators who HAVE an updated FCC license.Why is it different for US?
If TN law, or the laws in any state, specifically exempts amateur radio operators, and only amateur radio operators, you'll have to take that up with your state legislators. They write the laws. You'll have to ask them.
Isn't the license the same as far as federal laws go or does the State over ride the Federal Government Whom I thought was higher?
I think this is two questions:
- No, as far as the FCC is concerned, an amateur radio license (Part 97) is different from a GMRS license (Part 95E). Different licenses, different requirements to get the license, and different operating privileges once you have the license.
- Yes, state laws can sometimes override federal laws. The U.S. Constitution gives certain rights to the states. There is no federal law regarding mobile use of scanners by amateur radio operators, so some states, counties, cities, towns, or other municipalities have written their own laws on the subject. There was a push several years ago from the ARRL to get state laws changed regarding scanner use by amateur radio operators. Unfortunately, there doesn't seem to be a nationwide organization for GMRS users that gets involved with state politics.
Just curious who told you that in Hohenwald,TN
RFI-EMI-GUY
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I have to wonder if a local jurisdiction could have a law prohibiting scanners?
RFI-EMI-GUY
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Tennessee Scanner Laws
I am going to Gatlinburg in a few weeks. What are the scanner laws in your state. I have a HAM license from the FCC. I will be traveling through Kentucky to Tennessee from Indiana. What counties will i be traveling through to get to Gatlinburg once i hit the state line from Kentucky...
I don't know but I was told that in Maury County in 2014 and Cheatem County in1999 Unless Cheatem County didn't like the fact that my car had Illinois Tags on it when I came down here for My Nephews Wedding
I had never even heard of Hohenwald, TN until this thread. I guess I don't make it to Lewis County that often.
Here are the published municipal code (2017) from Hohenwald, as published by the MTAS: https://www.mtas.tennessee.edu/system/files/codes/combined/Hohenwald-code.pdf
A brief search found no results for keyword 'scanner'. Keyword 'radio' found 12 hits, none of which are pertinent in this discussion.
Friendly reminder: don't use a scanner in the commission of a crime, and you'll likely never run into any trouble. Unlike other states, most places in Tennessee are pretty friendly to you and your rights. ;-)
Here are the published municipal code (2017) from Hohenwald, as published by the MTAS: https://www.mtas.tennessee.edu/system/files/codes/combined/Hohenwald-code.pdf
A brief search found no results for keyword 'scanner'. Keyword 'radio' found 12 hits, none of which are pertinent in this discussion.
Friendly reminder: don't use a scanner in the commission of a crime, and you'll likely never run into any trouble. Unlike other states, most places in Tennessee are pretty friendly to you and your rights. ;-)
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