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Old December 24th 08, 10:10 PM posted to rec.radio.cb
Jim Hampton Jim Hampton is offline
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First recorded activity by RadioBanter: Aug 2006
Posts: 74
Default if federal law supercedes state law, then how are anti-scanner laws legal???

Federal law does trump local law; *however* you have to have a federal law
to trump that state law.

All of this has to do with regulating outside antennas and localities being
'forced' to *reasonably* accommodate hams.

I don't believe there are any federal laws exempting hams from local laws
prohibiting reception of signals outside of their assigned amateur bands.
Some states do have laws exempting hams from their laws concerning this -
but there are no federal laws concerning reception (except the cell phone
reception thing).

Best bet is to be aware of local laws.

One example of a similar situation not related to radio .... I went to
purchase a flag a few years back. The store owner tried to tack on the 8%
state and county tax. Uh, uh pal. Federal law exempts U.S. flags from any
sales tax. The owner removed the tax. That said, localities and states can
tax pretty much whatever they wish. But not flags as there is a *specific*
*federal* law preventing it.


73 from Rochester, NY
Jim


"radioguy" wrote in message
...
If Federal law truly supersedes state law as hams claim they do, then
how are local state laws prohibiting using scanners to monitor the
police legal???

The federal ECPA law clearly says that monitoring police transmissions
is specifically allowed.

From anywhere in the U.S.

And "anywhere" would inclide from a vehicle.

And if I recall correctly, the ECPA even goes so far as to say that
monitoring of police may not be prohibited.