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  1. #1

    Default Right to Have Radar Detectors?

    NOTE: I can't PM members, or, as I'm learning now, post links. Pressing the "remove link" button only temporarily removes the link, and when I preview the post, it tells me I cannot because of links. So I will try to put them in non-link form. I would appreciate it if someone could reply on the thread with the actual links with the www and all that good stuff.

    Hello all,

    It is often said, at least in the debate re: Virginia, that since radar detectors are at their most basic level just a receiver, the law in Virginia is "illegal" or "unconstitutional." I've searched through FCC Rules and the Federal Communications Act of 1934/Title 47 of US Code to find where it says we can receive radio waves...because many people will tell you the same thing Cobra says:

    "The Communications Act of 1934 guarantees your right to receive radio transmissions on any frequency. Local laws that contravene the Communications Act of 1934, while illegal, may be enforced by your local law enforcement officials until and unless they are prohibited from doing so by Federal Court action."

    buyradardetectors dot com/Products/Cobra/manuals/ESD9850om.pdf

    I've also tried to find court rulings. Someone said that there was a USSC case involving satellite television, where it was supposedly ruled that everyone has a right to receive radio signals (thus a descrambler is required). I think it turned out to be an FCC opinion, but I still didn't see anything about a right to receive radio signals.

    One of our members who has said he beat the ticket in court (and points out that others have) sent me this piece, though he didn't have it at the time he went to court.

    arrl dot org/announce/regulatory/pr91-36/pr91-36.html

    He argues that the point is the FCC will preempt state laws when they intrude on Federal Code. However, I still haven't found the part of Federal Code that guarantees us this right.

    I also did find this from an FCC opinion in 1996:
    "Radar detectors are radio receivers tuned to receive radar signals and are used by motorists to provide a warning of any radar activity in the vicinity. In this regard, the FCC regulations pertaining to receivers do not address the subject of radar detectors. The use of radar detectors by members of the public, therefore, does not constitute in itself a violation of FCC Rules. Some jurisdictions, however, have local regulations or statutes concerning the use of radar detectors. Inquiries about such statutes should be directed to local law enforcement authorities. In summary, the FCC Rules regulate radar transmitting units but provide limited regulation over receivers, with the subject of radar detectors not being specifically addressed in the FCC Rules."

    freqofnature dot com/resources/radarlicensing.html

    Any help? It would be great to get together all of the info we can for our friends in Virginia, in the event that they're caught receiving radio waves from their cars.
    Last edited by theliman; 03-31-2010 at 02:18 PM.

  2. #2
    Advanced Member
    Join Date
    Jun 2006
    Spring, TX

    Default Re: Right to Have Radar Detectors?

    I think that this would have to end up in the US Supreme Court for RD's be made legal in Va. and DC. I really don't think that anyone has found RD's important enough to spend the time and money to push the issue all the way up to the Supreme Court. I could be wrong on this. As far as Federal laws, the RD ban on truckers is a Federal law.
    Outside Independence Hall when the Constitutional Convention of 1787 ended, Mrs. Powel of Philadelphia asked Benjamin Franklin, "Well, Doctor, what have we got, a republic or a monarchy?" With no hesitation whatsoever, Franklin responded, "A republic, if you can keep it."

    -V1 3.872 (1.3 Mi. C/O Ka pointed away from me. 3.6 Mi. C/O K)-Bel RX65 New Backup (4.1 Mi. C/O Ka 35.494 Ghz, light traffic) -Laser Interceptor Gen-8 Dual (No saves yet ) -Bel 980. -Galaxy DX 959 with a peak and tune.
    -Wilson Lil' Wil antennae. -Whistler 1585. -Whistler 1430. -Passort 3200 w/ 1000 laser detector (got stolen, bought one off ebay for nostalga).
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  3. #3

    Default Re: Right to Have Radar Detectors?

    I agree, it will never get to SCOTUS. I think mainly because, armed with some good information, it seems to be getting dismissed immediately. I'm just hoping to gather information to make it easy for those who are caught in VA to quickly beat it in court, not to overturn the law.

  4. #4
    Advanced Member
    Join Date
    Aug 2009
    VA With My Valentine One Radar Detector

    Default Re: Right to Have Radar Detectors?

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