Scanners Legal in NY, PA, OH, IN?
- Thread starter Lyman
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GTO_04
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They are not legal in Indiana, unless you have your ham license. That also applies to portables outside of vehicles off of your property too. They have one of the more restrictive scanner laws in the nation.
GTO_04
Your will be fine in Ohio.
You may wish to check this out U.S. Scanner Laws among other "state scanner laws" Google will direct you to. That thing about a ham license is a bone of contention, how states handle it is problematical at best.
Amateur transceivers are exempt at the federal level but ONLY per their CAPABILITY to receive public service frequencies, USAGE is another matter altogether! In some states it is illegal to monitor PS outside the home, in a motor vehicle in particular so if the receiver has such frequencies programmed or the VFO is tuned to one... YOU EES BOOSTEED amigo.
One thing to note, holding an Amateur Radio license has absolutely NOTHING to do with any of this. Showing your ticket to a cop is like offering a lion an apple if you know what I mean.
The laws do NOT differentiate between receiver types, as a matter of fact many are worded as "shortwave receivers" showing how old those laws are and how legislators are totally ignorant as to radio communications in general. This ignorance at all levels makes things tricky at best, don't expect plumbers to know a thing about electricity and lawyers know even less.
One more thing to note, law enforcement is VERY scanner unfriendly as if you don't already know. Legal or not they can make your life miserable so better safe than sorry, leave it home and find something better to do in your travels like counting bottles of beer in the wall.
Amateur transceivers are exempt at the federal level but ONLY per their CAPABILITY to receive public service frequencies, USAGE is another matter altogether! In some states it is illegal to monitor PS outside the home, in a motor vehicle in particular so if the receiver has such frequencies programmed or the VFO is tuned to one... YOU EES BOOSTEED amigo.
One thing to note, holding an Amateur Radio license has absolutely NOTHING to do with any of this. Showing your ticket to a cop is like offering a lion an apple if you know what I mean.
The laws do NOT differentiate between receiver types, as a matter of fact many are worded as "shortwave receivers" showing how old those laws are and how legislators are totally ignorant as to radio communications in general. This ignorance at all levels makes things tricky at best, don't expect plumbers to know a thing about electricity and lawyers know even less.
One more thing to note, law enforcement is VERY scanner unfriendly as if you don't already know. Legal or not they can make your life miserable so better safe than sorry, leave it home and find something better to do in your travels like counting bottles of beer in the wall.
n1das
Member
States still have to get around the "It shall NOT be unlawful ..." clause in the federal Electronic Communications Privacy Act of 1986 (ECPA'86) where it specifically states that it SHALL NOT be unlawful to monitor public safety radio communications. IMHO, states prohibiting USAGE directly conflict with the "it shall not be unlawful" clause in ECPA'86 (federal law). Good lawsuit material in federal court, IMHO.
IMHO, law enforcement being scanner unfriendly only serves as more reason to monitor them in the first place. The watchers need to be watched too. Their bad attitude reflects their general attitude toward the public. It's unprofessional, unbecoming of a LEO, and bad police work. They can easily secure their communications through encryption if necessary or by simply being more careful about what they say. If LEOs in your community don't like you listening to them, MOVE!!
When I travel in a mobile scanner prohibited state, I monitor using my P25 commercial radios since I use P25 digital on the ham bands and therefore they legally count as my ham equipment. All non-ham freqs I listen to are programmed as receive-only. In a mobile scanner prohibited state, I'm listening on my HAM transciever equipment while mobile and not my scanners.
Good luck and don't listen to anything I wouldn't listen to. <wink>
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They are NOT legal in Indiana without a Ham license? Geesh! Thanks for the information, much appreciated.
Best,
Lyman
chrismol1
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Thats what I do in NY, which is scanner in vehicle prohibited. Just use a ham transceiver with extended receive to monitor, then your good to go
dwh367
Amateur Radio Operator
I can verify that claim from experience. Was arrested and charged with a Class B misdemeanor November 7, 1994. Long story short, a rookie was just trying to make a name for himself.
The veteran officers knew me and never bothered me over it so I got a little too complacent as far as carrying it with me. He had a valid arrest so there wasn't anything anyone could do about it but they manage to talk him out of taking me to jail.
They said it wasn't like they didn't know where I lived and worked if I didn't show up for my court appearance. Therefore, I was released on my own recognizance and walked home, which was a whopping 4 houses away back then.
I was charged a $115 fine in court and my scanner was eventually returned to me. Careful what you say, you're talking to a hardened criminal
You'll be safe in Pennsylvania, no law that prohibits you from having it in your vehicle or upon your person. Hell depending on where you are they will probably wanna know what make and brand it is and what type of reception that you get.
There are some though that are unfamiliar with scanners though and are suspicious, but since there isn't any reason to justify their suspicious ways it should be ok......
3/4 of the volunteer fire department volunteers in this state carry a scanner on a regular basis so it should be of no surprise to anyone if you have one in your vehicle.
There are some though that are unfamiliar with scanners though and are suspicious, but since there isn't any reason to justify their suspicious ways it should be ok......
3/4 of the volunteer fire department volunteers in this state carry a scanner on a regular basis so it should be of no surprise to anyone if you have one in your vehicle.
grumpy_hermit
Member
As a LEO, I wouldn't even give a scanner a second look unless (a) I wanted to know how well it worked or (b) it was used as a weapon against me.
First and foremost, public safety officials are exempt from these laws as well as amateur radio operators. Secondly, it is always illegal to have a scanner on you or in your possession during the commission of a crime.
HardlyCareful what you say, you're talking to a hardened criminal
It's entirely legal up in Pennsylvania as a previous user stated. Portable, Mobile, etc. Using a HAM Radio to monitor PS channels or scanners are no matter as well.
As for New York and Ohio, I've traveled through those states with scanners, and of course, passing through the NYS Thruway Toll System, I was never question about it anyway.
Shouldn't be a problem here in PA for your answer in this fair state.
As for New York and Ohio, I've traveled through those states with scanners, and of course, passing through the NYS Thruway Toll System, I was never question about it anyway.
Shouldn't be a problem here in PA for your answer in this fair state.
nsrailfan6130
Member
In Ohio, it is legal to have a scanner in your Car. Michigan just repealed it's anti scanner law just recently. Indiana & Kentucky will nail you also.
Well, yes, because it's always illegal to commit a crime. Not all states care about having a scanner while doing so, however.
Two words: play dumb! lol the chances of u geting questioned for listening to a radio is like 1 in a billion if someone says your not allowed to listen to your radio where ever you are just play dumb! lol "oh I didnt kno I was just listening to NOAA weather " or "I was listening to the Boat channels"
Bearcat95
Member
Having just started in this 'hobby', I didn't realize scanners were considered such a big deal as to prompt the lawmakers to make it illegal to have one in your vehicle or with you. We are going on a mini vacation to Lancaster, PA (from Canada) in May and I was intending to take my scanner along...guess I won't now, don't want to end up in the "Crowbar Hotel."
Not being ignorant here but I find this kind of restriction absurd...cripes, what's next!
Not being ignorant here but I find this kind of restriction absurd...cripes, what's next!
Ok so i am missing something here? Unless you are driving down the freeway with the scanner hanging out the window, Who really cares? If you are a law abiding citizen and happen to get pulled over in a routine stop and dont reek of beer, simply throw the scanner in the glove compartment and is a County Mounty really gonna care? I would hope that they are looking for firearms or explosives not a freakin radio? My point is if I am on holidays and not looking for trouble why would I care if a scanner is leagal or not?
Bearcat95
Member
I see what you're saying 'gs' but if it happens to be illegal to have one in your vehicle in whichever state I'm driving through lets say, and with my luck being what it is I would be the one who would be stopped for no apparent reason and vehicle maybe searched, eventhough I don't look scary, and they would find my scanner then there I am, a convicted criminal, a menace to society. Na, I don't go looking for trouble it finds me easily enough <lol>.
Tom
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