[MIham] Carrying A Portable Scanner

[STeve Andre']

On 10/16/12 14:54, Duane Fischer, W8DBF wrote:
>
> Hi All,
>
> I have been told, and I question the source, that an Amateur Radio license
> is no longer necessary for one to carry a scanner in their vehicle that
> covers the PSB. Is this true?
>
> I realize that police, firemen and so forth are allowed to carry such
> equipment. My question applies to civilians only.
>
> Thanks!
>
> Duane Fischer, W8DBF - WPE8CXO
> E-Mail: dfischer at usol.com
> Hallicrafters web site: www.w9wze.net
> HHRP web site: hhrp.w9wze.net
>
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I can see nothing that succeeds MCL 750.508.  If your source could
back that up it would be interesting to see.

--STeve Andre'
wb8wsf  en72

Here is the text that allows us to have scanners:

*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.


*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
*Constitutionality:*This section, which prohibits equipping or using a 
vehicle with a radio receiving set capable of receiving frequencies 
assigned for police purposes, was enacted to facilitate law enforcement 
activity. This section's restriction of persons permitted to monitor 
those frequencies involves classifications which are rationally related 
to the statute's objective, consistent with equal protection and due 
process guarantees. People v Gilbert, 414 Mich 191; 324 NW2d 834 (1982).
*Former Law:*See section 5 of Act 152 of 1929, being CL 1929, § 578.