Discussion in 'Amateur Radio News' started by AA7BQ, Jul 10, 2008.
Thanks for the clarification.
Time to get the ACLU and Supreme Court involved! The ARRL beat the FCC on the BPL issue, others can too. We can't have the FCC getting away with banning the sale of items that are LEGAL to own! It does not compute and the FCC needs to be spanked on this issue!
So this is the reason why these radios are banned, right from the mouth of the FCC. Interesting.
If this is the case, ANY (well maybe not ANY, there are probably a few exceptions) HF rig being legally sold on the market today, is just as illegal. "Real" HF rigs are just as easy to be modify as the "Export" radios are. Some are even easier.
So what does this tell us? Our HF radios are illegal, or the government has a great loophole to use if they desire to confiscate radios from the populace.
QRZ Warned by FCC
All that QRZ does is provide a message board. The FCC's concern, if any, should be with the seller. Who really cares? Good grief, Charlie Brown.
You are missing the point with your marijuana anaolgy. Marijuana is illegal to manufacture (grow and process), import, export, buy, sell, or possess. So-called "export radios" are not illegal for an individual to possess. Some people try to read a prohibition against possession into what the FCC says but the FCC has never specifically said that.
Equating a message board listing for a private sale of an "export radio" between two licensed hams, and avdertisement for sale by a commercial dealer who has dozens of the things in inventory, is patently ludicrous. Two different things.
The prohibition against "marketing" was aimed at those individuals or organizations who offer these radios for sale on a regular basis as part of an ongoing business activity. The occasional sale between individuals isn't (or, at least until this busybody ratted to the FCC, wasn't) a problem. However, if the same individual lists such radios for sale on a regular basis, a case can be made that he is engaging in a business activity. There needs to be some leeway in interpretation.
Unfortunately, it now seems that the microcephalic who whined to the Feds has gotten the ball rolling for even tighter restrictions, which might eventually include an outright ban on possession. Thank you very much.
This is illustrative of why, when dealing in a regulatory gray area, you should never ask a government bureaucrat for an opinion because the bureaucrat's safest course of action is always to say NO.
Banning amateurs from being able to put their hands on electronic parts in any form goes against one of the purposes of the hobby, which is to keep a trained pool of technical talent available.
I wasn't going to get involved in this argument, but the increasing number of restrictive laws that everyone and their brother keep getting adding every day is like a noose around the American neck. There is a law against everything. We are in danger of becoming the most restricted free country on earth.
Paul Harvey said that Americans don't so much obey the law as use it against one another, and that seems to be what's happening in this case.
Is the Yaesu FT-101 on the list too? You don't even need to modify that one.
The FCC should let it be.
Don't ban the tools, educate away the problem.
Educate, don't legislate.
This is the explanation I've heard before... 'contraband' is the best word I've heard for it. The only thing you might be able to say is that you bought it before it was put on the list, from a legit dealer. At that point, they're still apparently putting it into a limited grandfather-type of situation where it's legal to still own it, but you can't sell it.
I think that's the same approach they use on certain weapons / weapon parts (hi-cap magazines during the ban), and certain ammunition (Black Talon).
thats where you're wrong. Its legal to grow marijuana (or pseudo legal) in Jamaica. You can smoke it there, sell it there, turn it into a hand bag. You cannot import into the US; you cannot sell it on the street corner; you cannot own it. Just because you bought it where it is legal does not give you the legal right to import it as a personal possession. Like I said, illegal entry of non-permitted merchandise into the Customs territory of the USA renders the product contraband... By denying the ability to manufacture, import, sell, distribute or offer for sale, you are de facto restricting its very existence in the USA.
Absolutely false. You are facilitating the illegal transfer of an illegal radio. There are reams of case law where boards and publications have been cited for facilitation of illegal sales.
How did you legally obtain a radio that was manufactured after it was placed on to the list? At some point, if it was illegal to import or sell, someone broke the law to sell it or import it. This includes driving down to Mexico and bringing it back across the border for your own use.
Give us a break, RJ, QRZ IS NOT a haven for freebanders. Sure, there are probably a few in our membership of over 300,000 but they're sure not very vocal. The reason you see more of the cheap 10/11 meter rigs these days is because they're old, crappy, and people want to unload them. As far as I can tell, few are actually being sold. No wonder. As one poster already said, any self respecting freebander will buy a much more capable radio like an IC-706, modify it and be on the illegal airways in 15 minutes. All this hand wringing about a bunch of third rate JUNK that nobody wants is nothing short of ridiculous.
This argument is all about rights. Yes, I saw the legal citation and it sure sounds heavy handed to me, especially in light of the fact that these radios aren't bringing down skyscrapers, causing global warming, or stopping people's pacemakers. We're in this mess because of a very few (1) wannabe troublemakers trying to prove to everybody that good or bad, the law is the law and they are only too happy to prove it to all of us.
At the risk of sounding redundant, let me say that I DETEST FREEBANDERS and I don't endorse their misguided cause in any way. Come to think of it, with no-code licensing all the way to Extra these days, why even bother with freebanding? (oops, did I say no-code??? -- somebody slap me!)
So, RJ, park that high horse of yours and take a look at the facts before you go off accusing us of supporting the dark side. You couldn't be farther off base.