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Remember: You MUST allow your Station to be Inspected!

the key is in the wording ...

no they can not enter your house without a warrent.

but, by using the airwaves you consent to letting them inspect your equipment ...

so to satisfy both, keep a NiB Cobra 29 on your stand, and if they ever show up bring it outside and let them inspect it.
 
packrat said:
Sorry Boys,

Doesnt work that way. In using the radio waves, you are giving implied consent to the rules of the FCC and in turn, you are agreeing to let them inspect your station at any time. In no way does this infringe on your rights. That is the same as driving. In accepting the license, you are consenting to being held responsible for, and liable for disobeying anfy traffic regulations, which means that you can be stopped at any time and for any reason if you are the operator of a vehicle.

You might need to reread the regs.

Not condoning, just explaining.

PR
Click to expand...

The car analogy is wrong how you use it.
If you are driving on your own land, the local, state, and fed have no right to come inspect your car for violations, you can drive what ever speed you want to drive.

The moment you drive it on to local roads, it is the problem of the local authority.
The moment you drive it on the state roads it is a state problem.
The moment you drive it across state lines it can become a federal problem.


The constitution is very clear that any authority not specified to go to the fed (see commerce clause) falls to the state govs. Being that CB is a short range communication and may not cross state boundaries.....It would not by definition be under federal jurisdiction.
 
And in the car analogy, the cops can write you a ticket for speeding (breaking the law), but they cannot search your vehicle as a result of speeding. They can only search your vehicle because they have probably cause, a warrant, or if they ask you. There is plenty of case law defining "probable cause" as it relates to routine traffic violations. I doubt there is much probable cause case law related to the FCC's ability to come into your home, however this is one of THE most protected rights we have in this country as it is outlined in the Fourth Amendment and has been incorporated against the states (and thus all local municipalities) by the 14th amendment.

Yeah, you can deny the FCC to enter your home without a warrant legally. They can get pissed and levy a fine. And thus your court battle ensues. If that is the course of action you want to take, that is your right, but be prepared for the battle.
 
KD8LWX said:
The car analogy is wrong how you use it.
If you are driving on your own land, the local, state, and fed have no right to come inspect your car for violations, you can drive what ever speed you want to drive.

The moment you drive it on to local roads, it is the problem of the local authority.
The moment you drive it on the state roads it is a state problem.
The moment you drive it across state lines it can become a federal problem.


The constitution is very clear that any authority not specified to go to the fed (see commerce clause) falls to the state govs. Being that CB is a short range communication and may not cross state boundaries.....It would not by definition be under federal jurisdiction.
Click to expand...
All my radios were given to me as gifts therefore I made no agreements with the FCC by way of purchase agreements.
 
Doesnt matter how or where you got em. It is you using them. You have a contract with the gov, whether you want to believe it or not. If you dont want gov interferance in your life, give up your drivers License, Social Security Number, bank account, stop using the roads, fire and police service, hospitals, give away your RENTED house( because we are all only one tax payment away from having it taken away, we dont really own anything) etc. Move under a rock and keep to yourself. That is the only way.

Again, not a judgment, just an observation.

PR
 
KD8LWX said:
The car analogy is wrong how you use it.
If you are driving on your own land, the local, state, and fed have no right to come inspect your car for violations, you can drive what ever speed you want to drive.

The moment you drive it on to local roads, it is the problem of the local authority.
The moment you drive it on the state roads it is a state problem.
The moment you drive it across state lines it can become a federal problem.


The constitution is very clear that any authority not specified to go to the fed (see commerce clause) falls to the state govs. Being that CB is a short range communication and may not cross state boundaries.....It would not by definition be under federal jurisdiction.
Click to expand...

Once again, you are looking for a simple answer to a complicated question. If you are a couple of miles away from the state lines, does your signal stop at the line? Anyway, by your use of the airwaves, you have consented to whatever is in the rules. Period. You DONT have enough money to beat the feds. They have lawyers, guns and money. And all the time in the world, too. And the way the constitutation is written, a state has every right to enact any law as long as it is stricter than the fed law. They cannot enact a laxer law.

PR
 
packrat said:
Once again, you are looking for a simple answer to a complicated question. If you are a couple of miles away from the state lines, does your signal stop at the line? Anyway, by your use of the airwaves, you have consented to whatever is in the rules. Period. You DONT have enough money to beat the feds. They have lawyers, guns and money. And all the time in the world, too. And the way the constitutation is written, a state has every right to enact any law as long as it is stricter than the fed law. They cannot enact a laxer law.

PR
Click to expand...

Ummmmm........Isn't this backwards? :mellow: A state can pass laws that either parallel or equal to Federal law, but they cannot PREEMPT Federal laws----which is why they can't regulate radio. Since radio does cross state lines (RF is regulated by the Federal government in the form of FCC). Otherwise you'd have such a mishmash of "laws" and regulations that local regulations would be confusing and unworkable. When Clinton signed Public Law 106-521 in 2000 it was only because Feds wanted to allow the locals to help enforce CB radio. LIcensed services are exempt from local/state law except for some very narrow exceptions.
In order to actually enforce interference complaints, the locals must pass an ordinance that parallels the Federal statute, but they can't go around bustin' down doors and confiscating CB radios "just 'cause they want to"!
And they could get in some serious trouble if they mistakenly seized a licensed ham's radio equipment thinking it was the cause of interference.

Anyway this whole thing is a confusing mess between Constitutional rights and volunteer activities such as radio which MUST have an inspection clause in order to properly govern it.


CWM
 
Nope. It is correct. State laws must be stricter than state law if the state wants to enact any law. They can not enact a law that is less strict than Fed laws. Otherwise, they would be trumping the Fed law and saying that you can do something that the fed says is illegal.:bdh:
 
packrat said:
And the way the constitutation is written, a state has every right to enact any law as long as it is stricter than the fed law. They cannot enact a laxer law.

PR
Click to expand...

I dont know where that comes from.
But take the Cannabis example.
US federal law outlaws all cannabis use, but some states permit medical marijuana.

Then 10th amendment assures states rights.

So considering that example, an individual state in the USA could permit an activity than the FCC forbids, in theory.
 
States cannot enact any law in areas where the federal law has been deemed to preempt the area. Doesn't matter if the state law is stricter or more liberal.

Your signal does not have to go beyond state lines to invoke the jurisdiction of the FCC. Any activity, even local, which might have an interstate impact invokes federal jurisdiction. Therefore, since CB could interfere with an Amateur transmission which might be between states, the FCC has jurisdiction over all CB.

You have to show the FCC your equipment under its rules. That does not give the FCC the right to enter your house without a warrant. If you don't have a license and are not engaging in an activity that requires a license, the FCC has to give you a written Citation and you have to thereafter repeat the same conduct before a valid fine can be issued. If you have a license you can be fined without any Citation.
 
The Feds just decided not to challenge the state laws. That does not mean the laws are valid.

dudmuck said:
I dont know where that comes from.
But take the Cannabis example.
US federal law outlaws all cannabis use, but some states permit medical marijuana.

Then 10th amendment assures states rights.

So considering that example, an individual state in the USA could permit an activity than the FCC forbids, in theory.
Click to expand...
 
Try to find a lawyer who would take a case against a government agency. Thats really rough to do. not to mention that the FCC has all of the resources of the rest of the population to pay for their end of it.
 

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