On transportation rules or any other Civil or Federal crimes and violations, yes.
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Other than that, listening to an Amateur radio station isn't illegal and an officer would have to prove you were transmitting on it like that's really going to happen. The FCC doesn't have rulings against owning an Amateur radio to be used for listening purposes, only transmitting it without the proper license.
The type acceptance issue is one that the FCC still leaves subject to interpretation unlike the illegal use of amplifiers on CB's which is cut and dry for even possessing an amp capable of operating between 24 and 144 Mhz without a valid Amateur license. Even still, it isn't up to a DOT officer which is the point here to interpret what is or isn't.
Therefore, there is really nothing a DOT officer or other officer can because you aren't out of any compliance listening with an Amateur radio.
Ok, then this falls on you - for what you are telling the rest of us - those that use non-type accepted Galaxy 10 meter, RCI 29050s', or any 10-meter equipment as their only source of communications within the 11 meter CB band. They're perfectly ok...
So again the double speak - you say if you don't have a license you can still own it and listen to it - but what you did not say was TRANSMIT on it.
So you're telling the rest of us, that having it as the only radio in the truck - even though it's 10 meter and has been converted to 11 meter - it's perfectly ok to use. Because you are going to tell them that you never transmitted on it and you use it for listening.
Oh, ok..