[Boatanchors] Legal To Sell Or Not?

[Jerry Boman]

In reference to "legal to sell or not" it should be noted that although the
equipment may be bought or sold within the continental United States by
legal citizens it may still be Illegal to sale or ship to restricted
countries and entities. Failure to observe these laws can land you some
serious fines and or imprisonment. Jerry KD0HNX

On Tue, Aug 14, 2012 at 5:42 AM, <boatanchors-request at mailman.qth.net>wrote:

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> Today's Topics:
>
>    1. Wanted: 1N2637 (Bob Sullivan)
>    2. Legal To Sell Or Not? (Duane Fischer, W8DBF)
>    3. Re: Legal To Sell Or Not? (cvest at cox.net)
>    4. Re: Legal To Sell Or Not? (manualman at juno.com)
>    5. Re: Legal To Sell Or Not? (W4AWM at aol.com)
>    6. Re: Legal To Sell Or Not? (Jim Wiley)
>    7. Re: Legal To Sell Or Not? (w8au at sssnet.com)
>    8. Re: Legal To Sell Or Not? (Rob Atkinson)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 13 Aug 2012 21:21:25 -0400
> From: Bob Sullivan <robert at isquare.com>
> Subject: [Boatanchors] Wanted: 1N2637
> To: Boat Anchors List <boatanchors at mailman.qth.net>
> Message-ID: <4A42AD27-29AC-42C9-B3A4-23AADE795B16 at isquare.com>
> Content-Type: text/plain; charset=iso-8859-1
>
> Listmates,
>
> I'm looking for 1N2637's ... need four.
> If you can assist please contact me off list ...
>
> Thanks in advance!
>
> 73, Bob
> W?YVA
> http://www.isquare.com/personal_pages/ras-hardware.htm
>
> ------------------------------
>
> Message: 2
> Date: Mon, 13 Aug 2012 23:10:17 -0500
> From: "Duane Fischer, W8DBF" <dfischer at usol.com>
> Subject: [Boatanchors] Legal To Sell Or Not?
> To: <boatanchors at mailman.qth.net>
> Message-ID: <005401cd79d2$bba072c0$d254e8cc at hpdc5100mt>
> Content-Type: text/plain; format=flowed; charset="Windows-1252";
>         reply-type=original
>
>
>
> Hi All,
>
> I just finished 'watching' a program on television that showed a pawn shop
> owner purchasing a WW2 portable communications set. Possibly used by "Coast
> Watchers" or spies for the Americans or British agents.
>
> It received and sent Morse Code. I assume it was xtal controlled. Since it
> was used by the military, would it not be illegal for civilians to send CW
> with it nowadays?
>
> I am wondering; is it legal for the owner of a business to sell radio
> equipment capable of transmitting voice or CW signals to a buyer who is not
> licensed to operate such equipment? Even if licensed, what about the set
> being configured to transmit on restricted military frequencies?
>
> I am counting on those of you much wiser and experienced then many of us to
> clarify this issue. Thanks in advance for your enlightenment.
>
> Duane Fischer, W8DBF - WPE8CXO
> E-Mail: dfischer at usol.com
> Hallicrafters web site: www.w9wze.net
> HHRP web site: hhrp.w9wze.net
>
>
>
> ------------------------------
>
> Message: 3
> Date: Mon, 13 Aug 2012 23:29:42 -0400
> From: <cvest at cox.net>
> Subject: Re: [Boatanchors] Legal To Sell Or Not?
> To: "Duane Fischer, W8DBF" <dfischer at usol.com>,
>         boatanchors at mailman.qth.net
> Message-ID: <20120813232942.PUPXA.1182282.imail at eastrmwml304>
> Content-Type: text/plain; charset=utf-8
>
> Not really sure what that piece was that they bought , but sure didn't
> appear to me to be what they were representing it as .
>
> Nothing illegal about buying , selling , or owning any of the equipment
> that you mention as far as I am aware .
>
> Been a ham since 1965 and haven't ever been asked to see a copy of my
> license to buy a piece of equipment from anyone , even the major dealers .
>
> Charlie , W5COV
>
>
> ---- "Duane Fischer wrote:
> >
> >
> > Hi All,
> >
> > I just finished 'watching' a program on television that showed a pawn
> shop
> > owner purchasing a WW2 portable communications set. Possibly used by
> "Coast
> > Watchers" or spies for the Americans or British agents.
> >
> > It received and sent Morse Code. I assume it was xtal controlled. Since
> it
> > was used by the military, would it not be illegal for civilians to send
> CW
> > with it nowadays?
> >
> > I am wondering; is it legal for the owner of a business to sell radio
> > equipment capable of transmitting voice or CW signals to a buyer who is
> not
> > licensed to operate such equipment? Even if licensed, what about the set
> > being configured to transmit on restricted military frequencies?
> >
> > I am counting on those of you much wiser and experienced then many of us
> to
> > clarify this issue. Thanks in advance for your enlightenment.
> >
> > Duane Fischer, W8DBF - WPE8CXO
> > E-Mail: dfischer at usol.com
> > Hallicrafters web site: www.w9wze.net
> > HHRP web site: hhrp.w9wze.net
> >
> > ______________________________________________________________
> > Boatanchors mailing list
> > Home: http://mailman.qth.net/mailman/listinfo/boatanchors
> > Help: http://mailman.qth.net/mmfaq.htm
> > Post: mailto:Boatanchors at mailman.qth.net
> >
> > List Administrator: Duane Fischer, W8DBF
> > ** For Assistance: dfischer at usol.com **
> >
> >
> > This list hosted by: http://www.qsl.net
> > Please help support this email list: http://www.qsl.net/donate.html
>
>
>
> ------------------------------
>
> Message: 4
> Date: Mon, 13 Aug 2012 23:30:10 -0400
> From: manualman at juno.com
> Subject: Re: [Boatanchors] Legal To Sell Or Not?
> To: dfischer at usol.com
> Cc: boatanchors at mailman.qth.net
> Message-ID: <20120813.203024.1548.43775 at mailpop05.vgs.untd.com>
> Content-Type: text/plain; charset=us-ascii
>
> My wife, who does not have a amateur license can walk into any amateur
> radio store and buy a $10K Icom or Yaesu transceiver. It's been one of my
> dreams for the last 40 years.
> Civilians need (non- emergency - end of the world) an operating license
> in order to operate a transmitting device unless the transmitter falls
> under the FCC "no license required" class.
>
> Pete, wa2cwa
>
> On Mon, 13 Aug 2012 23:10:17 -0500 "Duane Fischer, W8DBF"
> <dfischer at usol.com> writes:
> >
> >
> > Hi All,
> >
> > I just finished 'watching' a program on television that showed a
> > pawn shop
> > owner purchasing a WW2 portable communications set. Possibly used by
> > "Coast
> > Watchers" or spies for the Americans or British agents.
> >
> > It received and sent Morse Code. I assume it was xtal controlled.
> > Since it
> > was used by the military, would it not be illegal for civilians to
> > send CW
> > with it nowadays?
> >
> > I am wondering; is it legal for the owner of a business to sell
> > radio
> > equipment capable of transmitting voice or CW signals to a buyer who
> > is not
> > licensed to operate such equipment? Even if licensed, what about the
> > set
> > being configured to transmit on restricted military frequencies?
> >
> > I am counting on those of you much wiser and experienced then many
> > of us to
> > clarify this issue. Thanks in advance for your enlightenment.
> >
> > Duane Fischer, W8DBF - WPE8CXO
> > E-Mail: dfischer at usol.com
> > Hallicrafters web site: www.w9wze.net
> > HHRP web site: hhrp.w9wze.net
> >
> > ______________________________________________________________
> > Boatanchors mailing list
> > Home: http://mailman.qth.net/mailman/listinfo/boatanchors
> > Help: http://mailman.qth.net/mmfaq.htm
> > Post: mailto:Boatanchors at mailman.qth.net
> >
> > List Administrator: Duane Fischer, W8DBF
> > ** For Assistance: dfischer at usol.com **
> >
> >
> > This list hosted by: http://www.qsl.net
> > Please help support this email list: http://www.qsl.net/donate.html
> >
>
>
> ------------------------------
>
> Message: 5
> Date: Mon, 13 Aug 2012 23:46:13 -0400 (EDT)
> From: W4AWM at aol.com
> Subject: Re: [Boatanchors] Legal To Sell Or Not?
> To: dfischer at usol.com, boatanchors at mailman.qth.net
> Message-ID: <61974.67fdf1ab.3d5b2405 at aol.com>
> Content-Type: text/plain; charset="US-ASCII"
>
> As far as I know, there is no law against  purchasing, selling  owning any
> transmitter (yet) as long as it is not used without the proper  license for
> the frequency it is being operated on and is type approved for  operation
> on
> that frequency. Past practice is that Uncle doesn't have enough  teeth to
> clean up the CB mess and ytou talk about illegal  transmitters.....
>
> 73,
>
> John,  W4AWM
>
> ------------------------------
>
> Message: 6
> Date: Mon, 13 Aug 2012 19:40:29 -0800
> From: Jim Wiley <jwiley at gci.net>
> Subject: Re: [Boatanchors] Legal To Sell Or Not?
> To: "Duane Fischer, W8DBF" <dfischer at usol.com>
> Cc: boatanchors at mailman.qth.net
> Message-ID: <5029C8AD.5060104 at gci.net>
> Content-Type: text/plain; charset=ISO-8859-1; format=flowed
>
> Duane -
>
>
> Let me see if I can help a bit, one question at a time:
>
> Since it was used by the military, would it not be illegal for civilians
> to send CW
> with it nowadays?
>
>
> No, it is not. The fact that the set may have been used by the military
> conveys no "secret authorization" or prohibition against "civilian" use.
> There may have been some rules that were in effect during wartime, but
> that was long ago. Such equipment is simply described as "antique
> electronics apparatus" these days.
>
>
> I am wondering; is it legal for the owner of a business to sell radio
> equipment capable of transmitting voice or CW signals to a buyer who is not
> licensed to operate such equipment? Even if licensed, what about the set
> being configured to transmit on restricted military frequencies?
>
>
> Yes, such equipment can be sold legally to "civilians".  There is
> nothing in the rules that prohibits a person from owning equipment, even
> transmitting equipment, of any capability.  As long as the set is not
> actually activated and a signal is emitted "on the air", there is no
> problem.  There is no restriction on using such equipment for receiving
> either.  Well, actually, there is a minor exception here:  It is not
> legal to sell new equipment that is capable of receiving certain
> cellphone signals, but I don't think the restriction applies to
> equipment manufactured many years ago, specifically WWII "surplus"
> hardware.
>
>
> If the equipment is capable of transmitting, and the owner has a license
> for  the frequency, it can be used on the air without restriction,
> provided it is either (1) used on amateur radio frequencies by a
> licensed ham, or (2) type accepted for commercial use on frequencies
> allowed for commercial use.   Now, it is true that most, if not all,
> WWII surplus electronics does not meet type acceptance requirements for
> use under today's rules, but if it did, it could be used.
>
>
> Even if licensed, what about the set being configured to transmit on
> restricted military frequencies?
>
>
>
> "Military frequencies" are just "ordinary" frequencies that have been
> reserved for military use.   During time of war, particularly during
> WWII,  severe restrictions were placed on use of radios by civilians,
> including amateur radio licensees.  During other times, the FCC
> administers on-government use of the radio spectrum.  The US government
> manages the same spectrum for federal users via the National
> Telecommunications and Information Administration (NTIA), and the
> military has their own spectrum managers.  Each group coordinates with
> the others.
>
>
> During peacetime these restrictions are reduced or rescinded entirely,
> and normal civilian communications can resume.
>
>
> The fact that a piece of equipment was originally built for and/or
> purchased by the military does not convey any "secret" use restrictions
> once the equipment has been released.
>
>
>
> Hope this helps.
>
>
>
> - Jim,  KL7CC
>
>
> Duane Fischer, W8DBF wrote:
> > Hi All,
> >
> > I just finished 'watching' a program on television that showed a pawn
> shop
> > owner purchasing a WW2 portable communications set. Possibly used by
> "Coast
> > Watchers" or spies for the Americans or British agents.
> >
> > It received and sent Morse Code. I assume it was xtal controlled. Since
> it
> > was used by the military, would it not be illegal for civilians to send
> CW
> > with it nowadays?
> >
> > I am wondering; is it legal for the owner of a business to sell radio
> > equipment capable of transmitting voice or CW signals to a buyer who is
> not
> > licensed to operate such equipment? Even if licensed, what about the set
> > being configured to transmit on restricted military frequencies?
> >
> > I am counting on those of you much wiser and experienced then many of us
> to
> > clarify this issue. Thanks in advance for your enlightenment.
> >
> > Duane Fischer, W8DBF - WPE8CXO
> > E-Mail: dfischer at usol.com
> > Hallicrafters web site: www.w9wze.net
> > HHRP web site: hhrp.w9wze.net
> >
> > ______________________________________________________________
> > Boatanchors mailing list
> > Home: http://mailman.qth.net/mailman/listinfo/boatanchors
> > Help: http://mailman.qth.net/mmfaq.htm
> > Post: mailto:Boatanchors at mailman.qth.net
> >
> > List Administrator: Duane Fischer, W8DBF
> > ** For Assistance: dfischer at usol.com **
> >
> >
> > This list hosted by: http://www.qsl.net
> > Please help support this email list: http://www.qsl.net/donate.html
> >
> >
>
>
> ------------------------------
>
> Message: 7
> Date: Tue, 14 Aug 2012 01:05:36 -0400
> From: w8au at sssnet.com
> Subject: Re: [Boatanchors] Legal To Sell Or Not?
> To: "Duane Fischer, W8DBF"
>         <dfischer at usol.com>,<boatanchors at mailman.qth.net>
> Message-ID: <20120814050544.3E5913738014 at mailman.qth.net>
> Content-Type: text/plain; charset="us-ascii"; format=flowed
>
> At 12:10 AM 8/14/2012, Duane Fischer, W8DBF wrote:
> >I just finished 'watching' a program on television that showed a pawn shop
> >owner purchasing a WW2 portable communications set. Possibly used by
> "Coast
> >Watchers" or spies for the Americans or British agents.
> >
> >It received and sent Morse Code. I assume it was xtal controlled. Since it
> >was used by the military, would it not be illegal for civilians to send CW
> >with it nowadays?
>
> Saw the same show.  It was a TG-5 portable field telegraph terminal, which
> requires stringing wires to the next station.  The Pawn shop owner,
> normally
> very knowledgeable about artifacts,  looked at the current markings and
> thought it was a radio dial, and said it was a spy radio. :-[  He was way
> off
> on that one!
>
> So the "transmitter legality" question is moot. :-)
>
> Perry   w8au
>
>
>
> ------------------------------
>
> Message: 8
> Date: Tue, 14 Aug 2012 05:42:18 -0500
> From: Rob Atkinson <ranchorobbo at gmail.com>
> Subject: Re: [Boatanchors] Legal To Sell Or Not?
> To: dfischer at usol.com, boatanchors at mailman.qth.net
> Message-ID:
>         <CALWD7Z4jwSCxpmK+kZap62x2CeBhGEr=
> 35J7bzDCuakSofz-Cw at mail.gmail.com>
> Content-Type: text/plain; charset=ISO-8859-1
>
> You can own any rig you want; you can fire it up and tx into a dummy
> load without a license.
>
> What's illegal is transmitting with it as an intentional radiator
> (antenna) without a license.
>
> Rob
> K5UJ
>
>
> ------------------------------
>
> ______________________________________________________________
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>
> List Administrator: Duane Fischer, W8DBF
> ** For Assistance: dfischer at usol.com **
>
>
> This list hosted by: http://www.qsl.net
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> End of Boatanchors Digest, Vol 103, Issue 20
> ********************************************
>



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