Going Armed In Terror Of The Public

[Prometheus]

True, but if he's an amateur radio operator, as one of the previously referenced articles suggests, his license from the FCC trumps/preempts state law banning scanners in automobiles.

I did not know that. Tks.

 

[sj kahr k40]

First, with a name like McVey I would tread lightly anywhere within 100 miles of any federal building. Two, we are all lucky that they caught the guy before he blew Air Force 1/2 our of the sky. (Lord President Obama-Messiah did not use Air Force One on this trip).

Actually any plane that the president is on is Air Force 1, didn't you see the movie?

 

[jedi]

IndyGuy what "america" are you living in? This is the new Obamerica 2.0 and in this new obamerica there is no constitution, your rights are pointless, YOU will pay for the welfare queen's health care, you can keep your gun (for now) but anytime you go outside you will be arrest on bogus charged and held for a while. If you don't agree with any of this then you are a RACIST. Actually you ARE a racist for even ranting about this topic come to think about it. & all those that agree with you like Prometheus are RACIST gun-nuts as well.

 

[tzgunter]

It looks like they ratcheted back some of the crap they were throwing at this guy:

"However, officials say he had a license to carry the gun and was apparently the kind of person who likes to hang around cops and help out -- in parades with crowd control, for example.

This morning, one official familiar with the investigation says McVey heard the president's plane was at the airport and wanted to see it take off.

McVey has been charged with a misdemeanor, common law public nuisance violation. But there's nothing to indicate that it's going to go much further."

Courtesy of FirstRead on msnbc.com (usually some spirited "discussion" on there if you are into that sort of thing)

Hope this guy ends up not getting called a terrorist. I can live with "uninformed about local law," but nothing more...

 

[Fargo]

True, but if he's an amateur radio operator, as one of the previously referenced articles suggests, his license from the FCC trumps/preempts state law banning scanners in automobiles.

I

Can I get a cite on that? It is illegal here in Indiana to have a scanner in a car but I have never heard of any federal pre-emption of it.

Thanks,

Joe

 

[INGunGuy]

I

Can I get a cite on that? It is illegal here in Indiana to have a scanner in a car but I have never heard of any federal pre-emption of it.

Thanks,

Joe

Here is IC

IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental entity;
(2) a regularly employed law enforcement officer;
(3) a common carrier of persons for hire whose vehicles are used in emergency service;
(4) a public service or utility company whose vehicles are used in emergency service;
(5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio;
(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes;
(7) a person who uses a police radio only in the person's dwelling or place of business;
(8) a person:
(A) who is regularly engaged in newsgathering activities;
(B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and
(C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county in which the employer's principal office is located;
(9) a person engaged in the business of manufacturing or selling police radios; or
(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.
(c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in a dwelling.
As added by Acts 1977, P.L.342, SEC.1. Amended by P.L.162-1994, SEC.1.

I dont see anywhere forbidding having a police scanner in your car.

INGunGuy

 

[Fargo]

Can you send the IC that states scanners are illegal in cars.

INGunGuy

Sure, the below code only allows their possession in your home unless you are an exempted person. I do note that the statute does exempt those with a FCC license but I don't think that is because of federal pre-emption.

IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.



(b) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental entity;
(2) a regularly employed law enforcement officer;
(3) a common carrier of persons for hire whose vehicles are used in emergency service;
(4) a public service or utility company whose vehicles are used in emergency service;
(5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio;
(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes;
(7) a person who uses a police radio only in the person's dwelling or place of business;
(8) a person:
(A) who is regularly engaged in newsgathering activities;
(B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and
(C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county in which the employer's principal office is located;
(9) a person engaged in the business of manufacturing or selling police radios; or
(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.
(c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in a dwelling.
As added by Acts 1977, P.L.342, SEC.1. Amended by P.L.162-1994, SEC.1.

Best,


Joe

 

[INGunGuy]

Sure, the below code only allows their possession in your home unless you are an exempted person. I do note that the statute does exempt those with a FCC license but I don't think that is because of federal pre-emption.
Best,


Joe

Joe,

If you notice, the code defines a police radio

(c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in a dwelling.

If you have a police scanner, it cant transmit, it can only receive, just like your regular am/fm radio...

INGunGuy

 

[Comp]

c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that

If you have a police scanner, it cant transmit, it can only receive, just like your regular am/fm radio...

INGunGuy

I am reading an or in the law. So if I am reading this right a scanner is capable of receiving police transmissions so that makes it illegal to posess in the car unless exempted.

 

[inav8r]

I really don't like this. I sooo wish I was on this jury... The only way I'd convict is if the state presented one non-LEO who would testify that they were terrorized by this individual BEFORE his arrest. This is a bunch of nonsense hoopla.

My favorite is a quote in this article from the USATODAY: Friends suggest armed man no threat to Obama, where Jeff Augram, the airport's public safety chief, says, "In a post-9/11 culture, we have to take a pro-active posture". What I think he really wanted to says is, "In a post-9/11 culture, we have to throw the Constitution out the window."

 

[Kirk Freeman]

IN, note the disjunctive "or" in the definition of "police radio".

*Comp pointed it out . . . nevermind.

 

[E5RANGER375]

on the scaner issue. how owuld anyone be able to prove you werent involved in news gathering information?? that sentence is listed by itself, so it means you dont have to be affiliated with a liberal news paper. news gathering can be for your personal use. just have you a notebook with a pen attached to it via 550 cord and your good to go. im not gonna let it keep me from having a handheld scanner in my car if i wanted to (which i dont. not that it matters) , but im also not gonna have 10 retarded antenas hanging off my car either, lol.

plus if your going from home to work then the law allows you to have one in your car too. plus, what criminal is gonna follow the law anyways? its another retarded law.

these charges wont stick to this kid. even if he is a holster sniffer, so what? so are a lot of people and then they become cops.
also, now thanks to the smear tactics of the government and the media, this kid will be forever marked, and will probly have a hard time doing anything with his future now. its all for nothing. the POTUS was never in danger, so you probly had some over eager cop that got stuck watching a parking lot away from all the action so he was already upset, so as soon as he saw this poor kid, he decided, hey i can redeam myself. and if it wasnt that exactly it was something VERY SIMILAR im sure.

 

[INGunGuy]

IN, note the disjunctive "or" in the definition of "police radio".

*Comp pointed it out . . . nevermind.

Yea, I saw that... I guess that is why I am not a lawyer but I stayed in a Holiday Inn...

LOL..

INGunGuy

 

[moischmoe]

Here is IC

IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:...
INGunGuy

Isn't the radio illegal only if a person does A, B, or C?

 

[Fargo]

Isn't the radio illegal only if a person does A, B, or C?

Nope, see the "or" at the end of sub 2.

IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:...
INGunGuy

 

[INGunGuy]

Nope, see the "or" at the end of sub 2.

IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:...

Yes, but to be in violation of IC 35-44-3-12 one must possess a police radio, transmit over a frequency assigned for police emergency purposes and posses or uses the police radio 1. while committing a crime, 2. to further the commission of a crime. or 3, uses to avoid detection by law enforcement.

So just the act of having the radio in your car does not make it illegal. Only if you use the radio for A, B, or C

INGunGuy

 

[INGunGuy]

BUMP

 

[INGunGuy]

OK, I am not trying to just bump the thread again, but I am still looking for clarification if I have read the statutes correctly for being in violation of IC 35-44-3-12

Thanks,

INGunGuy

 

[moischmoe]

Quote:
Originally Posted by moischmoe
Isn't the radio illegal only if a person does A, B, or C?

Nope, see the "or" at the end of sub 2.

Quote:
IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:...
INGunGuy

Fargo was right.
I checked in a couple radio scanner forums, and they all say it's illegal in INDIANA to have a scanner in your vehicle, or on your person. Most other states allow it though, if they aren't being used to aid in a crime.

 

[Fargo]

IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:...

Yes, but to be in violation of IC 35-44-3-12 one must possess a police radio, transmit over a frequency assigned for police emergency purposes and posses or uses the police radio 1. while committing a crime, 2. to further the commission of a crime. or 3, uses to avoid detection by law enforcement.

So just the act of having the radio in your car does not make it illegal. Only if you use the radio for A, B, or C

INGunGuy

Ordinary statutory construction would cause the statute to be read so that a violation of sub 1,2, or 3 by itself is adequate. If there was an "and" at the end of sub 1, then it would read how you are interpreting it.

Per sub 1, mere possession by a non exempt person outside your home is a B Misdemeanor.

Since there is an 'or' there instead of an 'and' there is no requirement that anything mentioned in sub 3 be done to violate the statute.

Best,

Joe