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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. |
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