Jack wrote:

On Wed, 22 Oct 2003 13:22:53 +0900, "Brenda Ann"
wrote:


"Jack" wrote in message
.. .

Since most commercial VHF gear now include wide-band receivers, any
ham carrying one in his car is at risk of arrest.

Perhaps we could consider it an "open-receiver" law? g


There is federal law that supercedes all state and local law in this domain.
I know it's a royal pain to have to appear in court at all, but if you go to
court, and cite the appropriate statute, the case is always dismissed (of
course, you also have to show your FCC Amateur Radio license).

Tell that to the poor ham in NYS that just spent the better part of
2003 and many court appearances before a Judge would accept the
federal law. I believe it was brought up early in the proceedings.

The case was documented and followed in several ham websites,
including ARRL, though I don't have the exact URLs.

We all knew he'd eventually win - it was just a matter of when the
idiot judges would come to their senses. A major PITA, and of course,
not even an apology from the authorities afterward.

-jack-

Did he get his radio back? Sometimes the police *misplace* the radio.
IOW- Someone takes it home.


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