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Old December 24th 08, 01:49 AM posted to rec.radio.shortwave
Telamon Telamon is offline
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First recorded activity by RadioBanter: Jul 2006
Posts: 4,494
Default if federal law supercedes state law, then how are anti-scanner laws legal???

In article
,
radioguy wrote:

okay. After posting, I just tiik a look at the federal ecpa law again.
And IF the hams are correct that federal law ALWAYS supercedes anf
trumps local and state laws, then it is legal for cbers and other non-
hams to have scanners in their vehicles no matter what state and local
laws say.

The ECPA clearly says it shall not be unlawful to listen to police
transmissions (as long as they're unencrypred).

And it does not mention any places where you're not allowed to listen
to them.

In other words, it shall not be unlawful period to listen to police
transmissions.

Anywhere within the U.S.

Unless of course the hams are wrong and state and local laws supercede
and trump federal law.


Which is it?


I edited the cross posting.

If it was unlawful then selling scanners that cover the police band
would be banned. They are not banned and they are not unlawful to use.
Some states regulate whether they can be used in a car however.

--
Telamon
Ventura, California