Absurd Law?

[gatekeep]

I got an email from a friend whom purchased an MTS2000 off eBay, who was then told by a couple of cops at the local precinct it was illegal (federally) to possess one?

Here's the contents of the email he sent:

I was looking at different laws on radios, and I found out that it is considered a TERRORIST ACT to POSSESS an MTS2000 radio, and the MINIMUM penalty is 50 years to life in federal prison for mere possession of the radio without authorization. I also check, and even if you are volunteer fire, or even a cop, if the radio is not issued to you by your department, YOU MAY NOT HAVE IT. I got rid of my radio since I asked several cops at the 6th Precinct, and they confirmed this law, and the penalties to be correct! I'm just warning you ahead of time since I don't want to see you get arrested.

Whats the literal truth behind this? It must be absurd...

[EDIT]How hilarious that I realize my poor spelling of the word absurd...[/EDIT]

[escomm]

What law defines mere possession of an MTS2000 as a "terrorist act"? This is ludicrous. I'd love for a cop to harass me for having a radio cus violating my rights = profit

[gatekeep]

I have a feeling it perhaps maybe a law pertaining to 800mhz Trunked systems. But he was had.

[FireCpt809]

Ha.... Tell them to show you in a law book chapter and verse.. It sounds like cops bustin his balls...

[HLA]

they were probablly giving him a hard time and i don't think it was anything model specific, they probablly would of given him a hard time over any make/model of radio, scanner or 2 way. and i would think if they did have a good reason it would depend on what he was doing with the radio at the time and what frequencies are in it. here is the indiana laws on it.

State Statute I.C. 35-44-3-12
IC 35-44-3-12
Sec. 12.
(a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental entity;
(2) a regularly employed law enforcement officer;
(3) a common carrier of persons for hire whose vehicles are used in emergency service;
(4) a public service or utility company whose vehicles are used in emergency service;
(5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio;
(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes;
(7) a person who uses a police radio only in the person's dwelling or place of business;
(8) a person:
(A) who is regularly engaged in newsgathering activities;
(B) who is employed by a newspaper qualified to receive legal advertisements
under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and
(C) whose name is furnished by his employer to the chief executive officer of
a law enforcement agency in the county in which the employer's principal office is located;
(9) a person engaged in the business of manufacturing or selling police radios; or
(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.
(c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual. The term does not include a radio designed for use only in a dwelling.
As added by Acts 1977, P.L.342, SEC.1. Amended by P.L.162-1994, SEC.1.

[gatekeep]

HLA, thats local to you, and thats the point actually, there is no EXACT federal law that states merely possessing a radio is illegal. Especially for the jail time stated. 50 to Life for possession of a police radio?! (I think even in the furtherance of a felony [assuming its not like murder or something] your sentence wouldn't be that long...)

And on top of that in New York, its illegal to ONLY have a scanner or radio capable of receiving said police communications (in an automobile), in this case it isn't as the police are on the 800mhz band while, his (and consequently my) radio are on the UHF 400mhz band.

So my point being is this is a totally absurd thing, and I have told him such in the email (as he has sold, destroyed and/or thrown out his radio). I was wondering what your guy's take would be on it. And from the responses thus far, it is exactly what I thought (and I wanted to be 99.99999% sure it was impossible for such a law to exist)...

[k2hz]

And on top of that in New York, its illegal to ONLY have a scanner or radio capable of receiving said police communications (in an automobile), in this case it isn't as the police are on the 800mhz band while, his (and consequently my) radio are on the UHF 400mhz band.

In addition to section 397 of the NY V&T law you mention there is section 140.40 of the NY Penal Law that make it illegal to use a "radio device" in the commission of robbery, burglary, larcency or drug and gambling crimes.

[Jim202]

Go tell your friend that the cops must be smoking something
they shouldn't be. Possession of a radio is by no means an
illegal act. Might as well say that owning a cell phone falls
into the same legal stand.

Better still, ask the cops to show you in a written document
that states the law, where they think this is the stand they
want to take.

I once had a police chief tell me I couldn't operate my ham radio
transmitter in his town. Told him he was tresspassing on my
property and he had no authority over a Federal matter. As
it was on the weekend, told him that he would get a phone
call on Monday from someone who would set the record
straight. Monday he received a phone call from the FCC
explaining the facts of life and just how far he over stepped
his authority.

Be polite, but tell your friend to tell the cops to take a hike.

Jim



[quote="gatekeep"]I got an email from a friend whom purchased an MTS2000 off eBay, who was then told by a couple of cops at the local precinct it was illegal (federally) to possess one?

[Kdogg]

In the email quote it states that your friend looked up the law and then confirmed it with the officers at the precinct. I would first find out from your friend where he read this information so that it can be read and see exactly what it states. It sounds like the guys at the precinct took an opportunity to have some fun by confirming something that sounded that ridiculous.

I got an email from a friend whom purchased an MTS2000 off eBay, who was then told by a couple of cops at the local precinct it was illegal (federally) to possess one?

Here's the contents of the email he sent:

I was looking at different laws on radios, and I found out that it is considered a TERRORIST ACT to POSSESS an MTS2000 radio, and the MINIMUM penalty is 50 years to life in federal prison for mere possession of the radio without authorization. I also check, and even if you are volunteer fire, or even a cop, if the radio is not issued to you by your department, YOU MAY NOT HAVE IT. I got rid of my radio since I asked several cops at the 6th Precinct, and they confirmed this law, and the penalties to be correct! I'm just warning you ahead of time since I don't want to see you get arrested.

Whats the literal truth behind this? It must be absurd...

[EDIT]How hilarious that I realize my poor spelling of the word absurd...[/EDIT]

[alex]

This is a pretty off topic thread for here.

Additionally, this is a message board, not a legal advice forum.

I would suggest if your friend was arrested or held with respect to this issue, that he seek legal advice and professional representation with respect to this issue.

I agree with several people in this thread - he probably shouldn't have been hasseled, but without being there and being involved in the incident, it's not really useful for everyone to just "guess" at what happened.

Most the time people don't get harassed, unless they are asking to be in one way or another.

Hamsexy, or the batlounge may be better forums for this topic.

-Alex