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Old April 17th 08, 03:13 AM posted to rec.radio.cb
an_old_friend an_old_friend is offline
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First recorded activity by RadioBanter: Jun 2006
Posts: 1,554
Default build-it-yourself cb illegal?

On Apr 16, 8:50*pm, wrote:
On Apr 16, 8:30*pm, an_old_friend wrote:





On Apr 16, 7:12*pm, wrote:


On Apr 16, 5:56*pm, an_old_friend wrote:


On Apr 16, 3:51*pm, wrote:


From the posts here and in the other radio newsgroups such as the ham
and frs groups, I seen posts saying it
was illegal to use a cb transmitter you built yourself.


So does this mean it's illegal to use my Radio Shack CB kit that was
sold in the 1970's and 1980's to
transmit on the cb channels?


I don't have that kit anymore though, or what was built with it.


The posts here had me thinking it was illegal to use.


the old kit built one are legal as i understand the matter grandfather


Until I saw another post somewhere that made me realize it was
probably a part 15 device.


Which I think is completely legal to use on the 40 cb channels.


If not, then those kits weren't legal even though Radio Shack sold
them all over the country.


Whether they were part 15 or full power, since they were completely
legal at the time they were sold, not
allowing them to be used on the legal 40 cb channels is a violation of
the ex-post-facto laws of the
U.S. Constitution, the supreme law of the land.


I highly doubt that they were full power though. I think they were
probably part 15.


But then again, some people say it's not part 15 either unless it's
been certified as part 15 by the FCC.


Either the way, the kits were sold as being legal to use on "all 40 cb
channels" in the U.S.


Some of the older kits said on all 23 channels.


If only I still had mine, which I don't anymore.


So basically some of these licensed users are saying that people who
built these cb kits in the 70's and 80's
and were using them aren't allowed to use them anymore (even though
they didn't build them today) even
though prohibiting such use is a violation of the law.


.


a number of the older unit are legal but you can't build a new one- Hide quoted text -


- Show quoted text -


This is just theortical since I don't have the kit anymore anyways,
unless I come across one in a secondhand shop or something (highly
doubtful), but what if
I had an old kit from back then that was perfectly legal back then,
but never started putting it together until today.


Would it be legal to use or not?


hmmm honestly I don't know


it is is in the range that I would say you could get away with it
since you could have refubished it recently likeanything


it might be technicaly a bit beyond the pale


Would it be grandfathered or not?


The radio built from it would only be being built recently.


Even though the kit and parts to build it are both from back then when
it was legal.


With the instructions to build it from that kit (included in the kit)
are also from back then.-- Hide quoted text -


- Show quoted text -- Hide quoted text -


- Show quoted text -


I think it would be legal since the kits were legal when sold.


was going to disagree with you but you catch it later

Otherwise, it would be the government violating the ex-post-facto
provisions of the U.S. constitution, the whole reason grandfathering
radios and other things
*came about in the first place.

It wasn't just willy-nilly deciding what does and doesn't get to be
grandfathered. *Althoigh it seems like the FCC thinks it can today.


you do put your nail on the rub

Grandfathering came about because it would be a violation of the laws
otherwwise.

The government wasn't legally allowed to not grandfather older radios.

Too many people today are forgetting how the laws came about. And the
reasons for them.- Hide

god again I would like to call you a lair for that remark but you aint
lying sad to say