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Old 12-06-2007   #71 (permalink)
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Default Re: Laws

Quote:
Originally Posted by rsxti
what about in Illinoise is it illegal here
What isn't? :roll:
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Old 12-07-2007   #72 (permalink)
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Default

Quote:
Originally Posted by BossMan4Life
Quote:
Originally Posted by Lucky225
Quote:
Originally Posted by BossMan4Life
Illegal everywhere. They'll just call it interfering with police dutys.
They can call it interfering w/ police duty's/obstructing justice all they want, it's up to the courts to decide if it actually is. A police officer's duty as a peace officer is not to use laser or radar. A laser jammer does not obstruct a police officer from pulling you over, they can pull you over regardless of weather or not they obtain a reading.
That's why I said what I said. Even if it's not technically illegal in a certain state, it will still be up to the officer on what he wants to do to the offending motorist (and believe he won't be happy knowing you jammed him). And not to mention the sick feeling of knowing that you've got to go to court to fight the BS obstruction charge, in which I can't imagine too many judges going against the policemans version of events. Why do you think everyone says slow down and turn dem damm jammers off, even if they're "legal" in your state!!
Well obviously, it's common sense not to JTG, but cops can't just go around charging people with false charges just because they feel like it, my point was it's not illegal everywhere, and if you get a false charge it can and will get thrown out.
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Old 02-18-2008   #73 (permalink)
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Default

Well as it may not be illegal in a certian state there are city ordinances that ban jammers.

This is one from Town & Country, Missouri :

SECTION 320.050: INTERFERENCE WITH MEASURING DEVICES

It shall be unlawful for any person to interfere in any manner with the operation of radar or any other device or method used to test, check, gauge, or determine the speed of a motor vehicle within this City. (Code 1975 §15.05(7); CC 1989 §13-188)

Also Blue Springs, Missouri has the same code
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Old 04-20-2008   #74 (permalink)
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Quote:
Originally Posted by kai445
Quote:
Originally Posted by mushu
When did those states pass a law that says you can't jam Lidar? I thought it was regulated by the FDA? Doesn't Fed trump State?
Ah, isnt the US legal system an interesting beast.

Anything that isnt specifically illegal, is legal. And no ex post facto law, lucky us.

If federal law specifically legalized laser jammers, that would trump state/local law.

In this case, feds just havent made it illegal. That still allows individual states and municipalities to make their own determination.

If this is making any sense, IANAL but I took some 101 political theory classes.
YES ALL THAT IS CORRECT..AND YES THE STATES HAVE THE RIGHT TO ENACT AND/OR ENFORCE THEIR LAWS AS THEY SEE FIT..YOU GET AN "A'...

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Old 04-21-2008   #75 (permalink)
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Default Well heres a more technical answer.

Quote:
Originally Posted by mushu
When did those states pass a law that says you can't jam Lidar? I thought it was regulated by the FDA? Doesn't Fed trump State?
No there is Statory Law, and there is Federal Law.

If it is against Federal Law It is banned in ALL states.

If it is against Statory Law it is banned in That state Meaning the state has it's own Statory law making that illegal in just it's own state, for example speed limits and why they can change drasticly on freeways from state to state, especially for commerical motor vehicles.

There are also Municipal Ordinances. They could make them illegal in just a single Municipality in a state if they choose to, if the city got together at a city councel meeting, and decided to ban their usage.

Statatory Law derives from the root word State, with a suffix of atory, meaning Law. This means these are State written laws, that where wrote, put up as bill's and have passed the house and senate, of your local state government, and where signed into action by your governer.


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Old 04-21-2008   #76 (permalink)
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Default Re: Well heres a more technical answer.

Quote:
Originally Posted by alpinestars_2002795
Quote:
Originally Posted by mushu
When did those states pass a law that says you can't jam Lidar? I thought it was regulated by the FDA? Doesn't Fed trump State?
No there is Statory Law, and there is Federal Law.

If it is against Federal Law It is banned in ALL states.

If it is against Statory Law it is banned in That state Meaning the state has it's own Statory law making that illegal in just it's own state, for example speed limits and why they can change drasticly on freeways from state to state, especially for commerical motor vehicles.

There are also Municipal Ordinances. They could make them illegal in just a single Municipality in a state if they choose to, if the city got together at a city councel meeting, and decided to ban their usage.

Statatory Law derives from the root word State, with a suffix of atory, meaning Law. This means these are State written laws, that where wrote, put up as bill's and have passed the house and senate, of your local state government, and where signed into action by your governer.


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WTF are you talking about Alpine. There is State Law, not Statatory which by the red underline when you're typing it should have told you it was misspelled. I'm assuming you meant Statutory which is derived from the word STATUTE, which just means codified law. As far as lasers go, the only federal AGENCY that regulates them is the FDA, but they don't create laws regarding them, they just regulate the wavelengths, how much power is allowed to be produced, etc... As far as the law goes Federal law trumps state if it is more restrictive then an existing State law. There is no existing federal law, therefore the States create laws to regulate laser jamming in their own jurisdictions. Also, if a state law is more restrictive or more protective than an existing Federal law, the State law trumps Federal law in that State. (For example Federal law prohibits telephone recording if 1 or more parties do not consent, this means that as long as you are the person recording and you consent and know about it, the other party doesn't need to know. California's law Penal Code 632 is more restrictive, it states that *ALL* parties to a private telephone call need consent prior to recording or monitoring, therefore telephone calls between parties in the State of California would be governed by Penal Code 632, since it is more protective of one's privacy)
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Old 04-21-2008   #77 (permalink)
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Default Re: Well heres a more technical answer.

Quote:
Originally Posted by alpinestars_2002795
Quote:
Originally Posted by mushu
When did those states pass a law that says you can't jam Lidar? I thought it was regulated by the FDA? Doesn't Fed trump State?
No there is Statory Law, and there is Federal Law.

If it is against Federal Law It is banned in ALL states.

If it is against Statory Law it is banned in That state Meaning the state has it's own Statory law making that illegal in just it's own state, for example speed limits and why they can change drasticly on freeways from state to state, especially for commerical motor vehicles.

There are also Municipal Ordinances. They could make them illegal in just a single Municipality in a state if they choose to, if the city got together at a city councel meeting, and decided to ban their usage.

Statatory Law derives from the root word State, with a suffix of atory, meaning Law. This means these are State written laws, that where wrote, put up as bill's and have passed the house and senate, of your local state government, and where signed into action by your governer.


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