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.
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.