Is it Illegal to carry a scanner?

[GT1970]

I was speaking with the owner of SideTrax Hobbies last night and he told me it is illegal to carry a scanner in your vehicle unless you have a HAM radio license. He told me that if you are pulled over by the police for speading and the scanner is in the vehicle, it is automatically 30 days in jail. Does anyone know if this is true or not?

[Bluewaterfan]

This is from the Michigan Law website

Amends the Michigan Penal Code to remove the prohibition of possessing a police scanner in a vehicle. Possession of a police scanner is now prohibited regardless of location by certain felons and in the commission of a crime, but allowed under other circumstances.

Section 750.508

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.508 Equipping vehicle with radio able to receive signals on frequencies assigned for police or certain other purposes; violation; penalties; radar detectors not applicable.
Sec. 508.

(1) A person who has been convicted of 1 or more felonies during the preceding 5 years shall not carry or have in his or her possession a radio receiving set that will receive signals sent on a frequency assigned by the federal communications commission of the United States for police or other law enforcement, fire fighting, emergency medical, federal, state, or local corrections, or homeland security purposes. This subsection does not apply to a person who is licensed as an amateur radio operator by the federal communications commission. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(2) A person shall not carry or have in his or her possession in the commission or attempted commission of a crime a radio receiving set that will receive signals sent on a frequency assigned by the federal communications commission of the United States for police or other law enforcement, fire fighting, emergency medical, federal, state, or local corrections, or homeland security purposes. A person who violates this subsection is guilty of a crime as follows:

(a) If this subsection is violated in the commission or attempted commission of a misdemeanor punishable by a maximum term of imprisonment of at least 93 days but less than 1 year, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(b) If this subsection is violated in the commission or attempted commission of a misdemeanor or felony punishable by a maximum term of imprisonment of 1 year or more, the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(3) Subsection (2) does not apply to a person who carries or has in his or her possession a radio receiving set described in subsection (2) in the commission or attempted commission of a misdemeanor punishable by a maximum term of imprisonment of less than 93 days.

(4) This section does not apply to the use of radar detectors.

[Aleks]

So as long as I don't have a criminal record and I'm not using the scanner in a commission of a crime it's now OK to have a scanner in my car in Michigan even if I don't have an amature radio license?
This would mean the law has changed.

[sd70accsxt700]

Yes it is, you are now OK. It is also OK in Ohio too.

[Bluewaterfan]

Sorry, I should of put the history below it

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 295, Eff. Sept. 29, 1939 ;-- CL 1948, 750.508 ;-- Am. 1957, Act 242, Eff. Sept. 27, 1957 ;-- Am. 1990, Act 77, Imd. Eff. May 24, 1990 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2006, Act 39, Eff. May 31, 2006

In the bold-ed area, it says the law was amended in 2006 and became effective on May 31, 2006. The old law were use too was effective in 2003--I think.

I can also see how speeding CAN be a commission of a crime

http://legislature.mi.gov/doc.aspx?mcl-750-508

[GreatLakesRailfan]

I was speaking with the owner of SideTrax Hobbies last night and he told me it is illegal to carry a scanner in your vehicle unless you have a HAM radio license. He told me that if you are pulled over by the police for speading and the scanner is in the vehicle, it is automatically 30 days in jail. Does anyone know if this is true or not?

Where is SideTrax Hobbies?

I've heard you need a ham license to have a scanner in a vehicle in the state of Indiana, but an automatic 30 days in jail is news to me (for any state).

[GT1970]

SideTrax Hobbies is located across from the Rivertown Crossings Mall in Grandville, MI. If you are familiar with the area look for the D&W grocery store on Wilson St. Turn in there and go to the strip mall on the east side of the parking lot. SideTrax is next to Integrity Eyeware.

[~Z~]

In Michigan, you used to have to have a mobile scanner permit from the Michigan State Police. A couple years back, it used to be a $500 fine if you had a scanner without this permit, then they bumped it up to $1000. Sometime in either 2005 or 2006, they changed the law so that you don't need a permit to listen to the scanner while in MI. Can't remember if you can listen to police channels though while driving, but heck, they chatter too much getting in the way of railroad chatter.
In Indiana, you have to have a ham radio operator license to use one down there.

[WIsconsin Railfan]

This topic has me thinking.. My Nephew is big on airplanes, and we have been spotting at several different airports, without any hassles. Anyways I decided to do some research on obtain a Amateur Ham License, it looks kinda easy. I found some links in my town, of a group that will help you obtain a license, also give the test. here is the link I used to find a club in my area

http://www.arrl.org/FandES/field/club/clubsearch.phtml

[hoRAILFAN]

User BANNED.

[Norm]

It also pays to fully understand the law, and have a copy of it in your glove box for uneducated police officers.

[GrandTrunkFan]

Ok I got a question now, Its legal to have a scanner in Michigan and Ohio (goodie the 2 states I live in) but since I keep my scanner in my car and say I get pulled over in Indiana comming home from Lima, I could get a fine or some sort of punishment for not having a Ham licence? Thank god a fight broke out when I got pulled over in Waterloo...

[GreatLakesRailfan]

Nick,

I would think that if you get caught in Indiana with an operable scanner in your car that you would be required to have the ham license for it. If your scanner is broken down (batteries removed, attenna removed, and stored in a part of the vehicle inaccessible to you while traveling), then you're probably not as likely to get caught with it.

Personally, I go to school in Indiana and keep my scanner in my car (which has a Michigan plate). I also keep it well out of sight of the casual observer. I figure if I get caught with it, I'll claim (and to a certain extent, truthfully) that I wasn't using it within the state of Indiana, just storing it while outside of my home state and/or transporting it between my apartment at school and my home outside of Indiana. I don't know if that will work or not, but it's a lot better than getting caught using it illegally.

Fortunately (for me), I haven't yet been caught in Indiana, so I can't help you with the fine/punishment part of getting caught...

[~Z~]

I was over near Ligonier IN once, and had a cop approach me once when I was at a crossing waiting on a train to show up. Had the antenna on the roof of the car, scanner next to my seat. He came over, talked a little bit...scanner was off at the time as I saw him approaching behind me. He didn't question on the scanner at all, but questioned the camera more than anything.

Was down with Scott in Indiana before, scanner was on in the truck, we were 50 feet or so away, scanner made some chatter when we were talking with a sherriff. No problem there either...he even told us that he was headed up to the diamond near St Joe to watch the trains better

[sd70accsxt700]

I have found for the most part in Michigan before the law was changed, that if you werent doing anything illeagal that they really dident care. Now the storry might be diffrent if you came across a rambo, millitary, macho type, then you might have a problem, but for the most part never had a problem.