[ARRL-OK] hassled ham

[M. Schneider]

I don't believe there was any question about this ham using the radios
out-of-band in this case.  In the posting he made, he stated he told the
deputy he was licensed by the FCC, in response to the deputy's statement
that the radios were illegal in Wagoner County.  No mention of frequencies
used.

My points are: First, this appears to be an unjustified stop, based on the
presence of extra antennas on the ham's vehicle.  I'm concerned that this
might be an attitude at least condoned by the sheriff in Wagoner County.  I
travel a lot in various areas of Oklahoma, and don't wish to have to go
through the hassles that might occur should  some agency decide to make my
radios an issue, even though they are entirely legal.  Second, I'm disturbed
that this deputy apparently has so little knowledge of state laws regarding
radios in the vehicle, never mind the federal preemption in regards to
amateur radio.  Unless Wagoner County has passed an anti-scanner law
(possible, but I've been unable to find one), there is no basis in state law
as I have read it for the deputy's statement.

As Lloyd Colston has pointed out, we haven't heard the deputy's side of the
story.  Considering that, I'd still like to see somebody from the ARRL,
possibly our new SM (Hi John!), look into this and find out what is going on
in Wagoner County.  Possibly some education is needed.

Mark Schneider - K5MAR
Asst. EC, Payne County, OK ARES


----- Original Message ----- 
From: "Bill Wyatt" <bwyatt@sbcglobal.net>
To: <arrl-ok@mailman.qth.net>
Sent: Friday, August 29, 2003 4:30 PM
Subject: Re: [ARRL-OK] hassled ham


> Hello,
>
> Not wanting to speak out of school but, if my memory serves me
> correctly.  Didn't the FCC get involved in a deal with local and
> county gov. using Ham radios, not type accepted for use outside the
> ham bands in that area of Oklahoma.  Seems I remember this as we have
> had the same, on going, problem in Northwest Oklahoma.
>
> So, if this is correct, the deputy was speaking correctly, from his
> position.  Ham radios are illegal in the public service bands.  Even
> for hams.
>
> Have a good weekend,
>
> Bill, N5WO