Colorado - Laser jammer illegal usage?

[Just1n]

(b) For purposes of this section, "radar jamming device" shall not include equipment that is legal under FCC regulations, such as a citizens' band radio, ham radio, or any other similar electronic equipment.

Wouldn't this "technically" make laser jammers quasi-legal being that there are no FCC regulations against them?

[kpatz]

Wouldn't this "technically" make laser jammers quasi-legal being that there are no FCC regulations against them?

That means there are no federal laws prohibiting them, but states can pass their own laws against laser jammers, and a few have.

[Doc What, son?]

As I read this section, you could use LPP. No where in their literature do they suggest it is designed or intended for use as a laser jammer. All the information refers to its parking sensor purpose and function. And, in between the lines, you can infer what ever you like (It's pretty funny reading).

I ran this by my prosecutor-brother, who informs me that the fact the LPP is designed and marketed as a parking sensor does make it legal to use in areas where the law bans jammers.

His argument was that pretty much any product that is made can have uses, effects, side effects etc other than the designated purpose, and the consumer simply cant' be held responsible for such unintended effects.

I've presented this argument before on this forum, and if I recall correctly, it was resoundingly...not accepted.

So, I offer it again for your consideration.

42-4-1415. Radar jamming devices prohibited - penalty.

(1) (a) No person shall use, possess, or sell a radar jamming device.

(b) No person shall operate a motor vehicle with a radar jamming device in the motor vehicle.

(2) (a) For purposes of this section, "radar jamming device" means any active or passive device, instrument, mechanism, or equipment that is designed or intended to interfere with, disrupt, or scramble the radar or laser that is used by law enforcement agencies and peace officers to measure the speed of motor vehicles. "Radar jamming device" includes but is not limited to devices commonly referred to as "jammers" or "scramblers".

(b) For purposes of this section, "radar jamming device" shall not include equipment that is legal under FCC regulations, such as a citizens' band radio, ham radio, or any other similar electronic equipment.

(3) Radar jamming devices are subject to seizure by any peace officer and may be confiscated and destroyed by order of the court in which a violation of this section is charged.

(4) A violation of subsection (1) of this section is a class 2 misdemeanor traffic offense, punishable as provided in section 42-4-1701 (3) (a) (II) (A).

(5) The provisions of subsection (1) of this section shall not apply to peace officers acting in their official capacity.

[Stealth Stalker]

I ran this by my prosecutor-brother, who informs me that the fact the LPP is designed and marketed as a parking sensor does make it legal to use in areas where the law bans jammers.

His argument was that pretty much any product that is made can have uses, effects, side effects etc other than the designated purpose, and the consumer simply cant' be held responsible for such unintended effects.

I completely agree with him. However, that is not applicable to our discussion. You see, we're not talking about the manufacturer being held liable for the misuse of his product. We are talking about the misuser being held liable for the misuse of the product. Therefore, the manufacturer's intent is not relevant.

This is just the same as using a toy gun to rob a bank. That's not what the manufacturer intended, and they probably cannot be held liable. But you still robbed a bank. Whether the gun was fake or real is irrelevant.

[Doc What, son?]

I ran this by my prosecutor-brother, who informs me that the fact the LPP is designed and marketed as a parking sensor does make it legal to use in areas where the law bans jammers.

His argument was that pretty much any product that is made can have uses, effects, side effects etc other than the designated purpose, and the consumer simply cant' be held responsible for such unintended effects.

I completely agree with him. However, that is not applicable to our discussion. You see, we're not talking about the manufacturer being held liable for the misuse of his product. We are talking about the misuser being held liable for the misuse of the product. Therefore, the manufacturer's intent is not relevant.

This is just the same as using a toy gun to rob a bank. That's not what the manufacturer intended, and they probably cannot be held liable. But you still robbed a bank. Whether the gun was fake or real is irrelevant.

Hi Stealth.

Respectfully, it is applicable, and intent is, in fact, precisely the point. Demonstrable intent, that is.

My bro' wasn't talking about manufacturer responsibility (though I'm sure you're right on that). He was specifically addressing the culpability of the (mis)-user [great term, there, by the way.]

Of course the user is actually intending to do something illegal [where jamming is illegal], but the issue is proof. Where the motorist is using a legal product for an (arguably) legal purpose, it becomes impossible to prove that they were intending to do something illegal -- despite the fact that the "parking sensor" did, in fact, jam the laser gun.

I hope that helps, but I suspect we may have a difference of opinion, which is fine.

[Stealth Stalker]

I hope that helps, but I suspect we may have a difference of opinion, which is fine.

No, actually you make an excellent point. The culpable mental state of the defendant is of prime relevance. I personally don't see how it can be proven that the driver had the intention of jamming laser with a device that has no manufacturer sanctioned indication for such use. The problem is with the ignorant cops and kangaroo courts who will still persecute and prosecute you for their own entertainment and financial gain, not caring. That's the unfortunate reality we face.

[Doc What, son?]

I hope that helps, but I suspect we may have a difference of opinion, which is fine.

No, actually you make an excellent point. The culpable mental state of the defendant is of prime relevance. I personally don't see how it can be proven that the driver had the intention of jamming laser with a device that has no manufacturer sanctioned indication for such use. The problem is with the ignorant cops and kangaroo courts who will still persecute and prosecute you for their own entertainment and financial gain, not caring. That's the unfortunate reality we face.

A Hahhhhh! Now I think we have closed in on the essential cross fire problem. And, of course, the motorist is the one caught in the middle.

Once in court, if in court, the precise legalities will be worked out, more or less, I suppose. That's one reality. But how did they get there? From the other reality, which is at the other end of the process -- the enforcement end.

It's easy to see how it would unfold in a state where "jammers" are banned. An officer either out of ignorance, or, believing that a "parking sensor" is violating the spirit of the law by attempting an end run around the letter of the law, decides to err on the side of enforcement, and "let the court decide."

Even if the motorist wins, he's been "punished."

[protias]

42-4-1415. Radar jamming devices prohibited - penalty.

(1) (a) No person shall use, possess, or sell a radar jamming device.

(b) No person shall operate a motor vehicle with a radar jamming device in the motor vehicle.

(2) (a) For purposes of this section, "radar jamming device" means any active or passive device, instrument, mechanism, or equipment that is designed or intended to interfere with, disrupt, or scramble the radar or laser that is used by law enforcement agencies and peace officers to measure the speed of motor vehicles. "Radar jamming device" includes but is not limited to devices commonly referred to as "jammers" or "scramblers".

(b) For purposes of this section, "radar jamming device" shall not include equipment that is legal under FCC regulations, such as a citizens' band radio, ham radio, or any other similar electronic equipment.

(3) Radar jamming devices are subject to seizure by any peace officer and may be confiscated and destroyed by order of the court in which a violation of this section is charged.

(4) A violation of subsection (1) of this section is a class 2 misdemeanor traffic offense, punishable as provided in section 42-4-1701 (3) (a) (II) (A).

(5) The provisions of subsection (1) of this section shall not apply to peace officers acting in their official capacity.

Radar jamming is illegal in all 50 states, laser jamming is only illegal in a few.

guysoflidar.com/usa-laser-jammer-laws.html

[fire65]

They are illegal in OK also, but so is speeding. Gonna strap on my M47 and not worry about it. Jam it, slow down and kill the jammers. I look at like this. LEO is there shooting hundreds of cars, he gets mistakes and moves on. Don't be an ass and you will have no problems.

[DrCoke]

Anyone purposely JTG deserves the ticket. Anyone here would agree.