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Wanting my license bad..... please help

Discussion in 'The Okie Corral' started by Adams454, Jan 2, 2005.

  1. Adams454

    Adams454

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    Where can I go to find the study materials needed to get a ham license? I want to be able to operate my Icom Ic-2100h legally without the harrasment of the local law. I dont ever intend to use it on law enforcement freqs, I just want to be able to have the radio in my truck without getting a ticket. I would also like to find out the statutes governing this in florida, I had a discussion with a leo that has the same radio as I do and he says that he can have it without a license because being a sheriffs deputy allows him to. I seem to remember reading on here somewhere that these radios weren't authorized for that kind of use. I really just want a good refference to tell me in black and white what is right and what is wrong. I want to be legal and have an arguement against the hippocrites in this county that do the same as me but punish people like me for it. thanks.
     
  2. GSD17

    GSD17 Thread Killer

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    Lots of people mod their ham radios for commercial use and vice versa, but it is illegal to use a ham on commercial freqs, try qrz.com to find the study materials, there are other places, just search to find them.....good luck i hope you get your ticket..... your ham ticket that is :)
     

  3. EUPHER49

    EUPHER49

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    There are no laws against having/owning an IC-2100h, (or any other ham transceiver for that matter.) The law only says that without a valid amateur license that gives one priveleges on the 2 Meter band you CAN'T Transmit. You can listen all you want. If the Deppity doesn't have an Amateur license he can't transmit on 2M either. Also if he modified the radio to transmit on police freqs, he is using a tranceiver "not Type-accepted" for use there.

    From CFR47 Vol. 1 Part 2.1043:

    (e) Equipment that has been certificated or formerly type accepted
    for use in the Amateur Radio Service pursuant to the requirements of
    part 97 of this chapter may be modified without regard to the conditions
    specified in paragraph (b) of this section, provided the following
    conditions are met:
    (1) Any person performing such modifications on equipment used under
    part 97 of this chapter must possess a valid amateur radio operator
    license of the class required for the use of the equipment being
    modified.
    (2) Modifications made pursuant to this paragraph are limited to
    equipment used at licensed amateur radio stations.
    (3) Modifications specified or performed by equipment manufacturers
    or suppliers must be in accordance with the requirements set forth in
    paragraph (b) of this section.
    (4) Modifications specified or performed by licensees in the Amateur
    Radio Service on equipment other than that at specific licensed amateur
    radio stations must be in accordance with the requirements set forth in
    paragraph (b) of this section.
    (5) The station licensee shall be responsible for ensuring that
    modified equipment used at his station will comply with the applicable
    technical standards in part 97 of this chapter.
     
  4. GSD17

    GSD17 Thread Killer

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    some states, i dont know about yours, have laws against scanning in a vehicle, but being a ham overrides that law in most states, here in alabama it is legal to scan in a vehicle
     
  5. Adams454

    Adams454

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    Ok, where can I find the proof that the radio not being type accepted makes it unauthorized for leo use? And also where can I find the laws concerning me scanning in a vehicle. I was told a few different things and am looking here for clarification. I was told by a ham that the only people that were concerned with the radios were the FCC, so the local SO couldn't do anything about it. Then I was told that the local law has been confiscating these radios if they can transmit on their freqs. A sheriffs deputy told me that he had the authority (if he wanted to)to try all the features of my radio to see if it would transmit on the SO freq. If it did, he could confiscate it on the spot for possible interference with law enforcement. Is posession of a radio capable of this a crime? Or am I legal as long as I dont have their channel programmed in for scanning? I'm thinking its kinda like having a gun "capable" of killing being reason for confiscation on the grounds that you might. I would like to get something that is currently valid in the state of florida, that I can print out and have with me if I get pulled over.
     
  6. EUPHER49

    EUPHER49

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    I can't speak for your local laws about scanning police freqs in your car while driving. I do know that in places where scanning is illegal that hams are exempted from this law. RACES ( radio amateur civil emergency service) interfaces with local gov't agencies during emergencies and having the capability to monitor their activity s helpful to them in performing their service. You will have to find out for yourself about those local scanning laws and you may be right to assume that you need to get a Technician (or higher) license to gain that exemption. The type acceptance certificate will be located on a sticker on the outside of the radio's case and will display the FCC ID. If you bought this radio new and haven't modified it you have nothing to worry about. If you bought it used and are unsure if it was modified, you can test it by hooking the antenna terminal to a dummy load so it doesn't radiate RF, and set the frequency to one outside the 2M band which is144.000 to 148.000 MHz and observe that no "bars" are visible when the PTT switch is depressed. You may want to find a Ham to help you do this.

    As an aside, if the Deppity wants to check the capabilities of your radio, tell him you don't know how, or haven't figured out how to make it scan, then give him the manual so he can figure it out...other than that, I don't know how local laws can supercede Federal codes though.

    I don't envy your situation at all. Having an overzealous Deppity Sherf on your tail fishing for anything in my opinion is harrassment. I'd find out if this guy is a licensed ham by getting his name and running a name search at this link:

    http://www.qrz.com/i/names.html

    If he is transmitting on the amateur bands without a license he's bootlegging a call. Don't say anything to him about it and then report him to the FCC. They may take a while but they'll get to it. You may want to contact a local radio club there and they could give you some help about how to do it. Heck, hams are so protective of their privileges that they may even persue it themselves. It's up to you...touche!



    Here is the FCC Preemption Law :

    http://www.afn.org/~afn09444/scanlaws/laws/scanner/pr_91-36-moo.html

    Please note that this only applies to Amateur Type-accepted tranceivers!!!
     
  7. GSD17

    GSD17 Thread Killer

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    Look up your states constitution online, thats what i do when i wonder about a particular law here. as far as being type accepted, this is the way it stands says the FCC, it IS legal to take a commercial radio and modify it for ham use, but that radio is no longer alowed on commercial freqs... it is NOT legal to take a ham radio and modify it to transmit on commercial freqs. there is no kind of exception to that rule whatsoever.i wondered about that law until i finally found it in black and white, forget where, prolly on the FCC website somewhere or another. it was also in my tech. book when i was studying for my ticket
     
  8. EUPHER49

    EUPHER49

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    The FCC ruling I cited supercedes local law as I read it. I don't think I ever implied that modifying a commercial rig was illegal for use on the ham bands. Heck, one can build his own rig if he wants to...as long as it meets Part 95 Standards of Emission.
     
  9. GSD17

    GSD17 Thread Killer

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    im sorry if you though i was arguing with you, i wasnt saying that you said that, i was just trying to clarify for him, and i know that baing a ham supercedes the in car scanning laws in the states that have them... sorry if you thought i was trying to contradict you
     
  10. KB4IFS

    KB4IFS MOLON LABE

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  11. Adams454

    Adams454

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    I'm wanting to get the license, I just dont need the harrassment till then. Does possesing a radio capable of something automatically make me guilty of it? What if I'm not scanning? I have heard of people around here getting pulled over for other things and the officers asking about the radio. The person says it aint working right so I unplugged it. The cop procedes to reconnect it and try it. Then the person gets a ticket. I just want the radio for use while hunting and listening to the airlines and railroads, I'm not trying to impede justice or anything. Is there a limit to what I have to let the officer do with my radio. Like, if its not plugged in is that the end of it? Or do I have to allow them to reconnect it or reprogram it to make me guilty? Does the 5th ammendment apply to this at all?
     
  12. uhlawpup

    uhlawpup Gentle Soul

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    Adams, I suggest you check the actual statute. We can't answer that question for you here.

    Your state's statute will outline what cannot be possessed in the car, and what can, and under what circumstances. All you'll get here is opinions, none of which you can rely on as a defense in a court of law.

    If you find the statute and do not understand it, talk to your attorney. He or she will gladly explain it to you at little or no cost. If you prefer not to consult an attorney, a call to your state's attorney general will provide the same result, and a letter may provide a result that you can use in court.

    Good luck.
     
  13. KB4IFS

    KB4IFS MOLON LABE

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  14. uhlawpup

    uhlawpup Gentle Soul

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    Well, some would, granted. But some of us are at least of average intelligence and can read and write the English language with a modicum of skill, if not talent.

    In fact, you would be surprised how many laws we have to read on a daily basis, and bet our licenses on our interpretation of them...
     
  15. KB4IFS

    KB4IFS MOLON LABE

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  16. N8WNB

    N8WNB

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    As much as I hate RADIO SHACK, I must admit they carry a very good study guide called NOW YOU ARE TALKING.
     
  17. Adams454

    Adams454

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    Now I'm getting something I can use. Thanks.
     
  18. EUPHER49

    EUPHER49

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    ...That's the first question you asked in your original post. "Now You're Talking" is the text from ARRL and is the one that I use in my course! It's a very good study text and has all the answers to the test questions you will be asked on the FCC test. See if a club in your area has a course, or study the material in the text, take the practice tests on http:www.qrz.com/ and find a local testing site. With a little effort you can be a ham and scan in your car without a hassle....
     
  19. theguyfrommich

    theguyfrommich

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  20. 00Buck

    00Buck

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    The license is not very hard to get at all. You will need a Technician license for 2 meters. No code is required to get this license and the exams are given by volunteer examiners. I think you were in Atlanta. Here is a listing of amateur radio nets you could listen to for information in your area. They may even have information about classes. Most metropolitan areas have classes of some type.
    http://www.gaares.org/metroatlantanets.html


    Another good web site to check out for all sorts of ham radio information www.arrl.org