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Old 01-28-2010, 07:37 PM   #24
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Join Date: May 2007
Location: I can be found railfanning the abandoned B&O Northern Sub.
Posts: 1,454

First, I want to apologize about last night's post. I was inappropriate in placing it, and my only excuse is an "unclear" head

Now, for my logical response on the subject:

If you purchase a VHF radio, it is capable of being programmed to transmit on any frequency within it's specs. RR, Fed. Gov't, or anything else may fall in those parameters.

Is it illegal? It is not illegal to possess a radio with the capability of transmitting. The offense occurs when you squeeze the button. Just like it is not illegal to go to the retailer of one's choice and purchase drain cleaner, cold medicine, and matches out the wazzoo. You will raise a flag, but the offense occurs when you take those items and manufacture it in to meth. Or, in Pennsylvania it is illegal to detonate certain fireworks without the proper license. However, it is NOT illegal for us to go to Ohio and purchase them and bring them back-just don't light the fuse.

Kevin's response was in the right direction. Why anyone would have a radio for railfanning with the ability to transmit is beyond me. We already get enough flack from the uninformed, why add to it? He was also right in his reputable dealer post. A "dealer" will not program a radio to transmit for you unless you have the paperwork to prove that you have permission to talk on each frequency. We established that Scott didn't buy the radio from a dealer.

Thanks to sites like Ebay and Craig's list, anyone can buy a radio, programming software, and a cable and program anything they want into a radio. I have the stuff to do most older Kenwood radios. Am I an authorized, licensed Kenwood dealer? No comment. Ebay does seem to be cracking down on the software department, but I suspect it is more for the pirating over every Tom, Dick, and Harry programming things into radios that they have no right to use.


IF in fact you were not transmitting with your radio, you may have a valid reason to fight to get your radio back. Although you were technically trespassing, so I don't know how that may fall under the committing a crime with the radio on your person. I would contact either or both the local Amtrak police and I think you said Sheriff's Dept. and explain the situation to them better and try to get your radio back. If you get it back, take it directly to you local Motorola dealer and toss them the $40 to make it unable to transmit.
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