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Retailers Breakin the Law?

I have a question for you. I'm not being a 'smart ass', it's a legitimate question seriously asked. Are any of you lawyers? Or are you aware of the legal processes, the loop-holes, the 'wiggle' room which can be employed to obstruct or lengthen the legal processes involved in this sort of thing? Have you ever had a 'taste' of it?
I'm not a lawyer, I don't have a great grasp on all the legal permutations, but I have had a 'taste' of it. That 'taste didn't involve if a radio was legal or not, it dealt with interference, which isn't the same thing at all. It does illustrate the problems if you think about it though.
It came down to me being put under a restraining order which basically said I couldn't transmit at all until the matter was resolved. This was NOT in a federal court, it was at a 'county' or state court level. Yes, I know that's not legal, they can't do that. Are you aware of the trouble and expense required to fight that sort of thing? Not being financially able to afford that I didn't transmit for a month until the court date. I'm also aware that there are organizations which say they will assist in this sort of thing. Tried that, it would have taken longer than the month I couldn't transmit, would have postponed the scheduled court date, and was still not free by any means. So guess who waited. The matter was resolved before going to court but had to do that anyway. When I tried to explain some of the federal regulations, and about the federal preemption with interference enforcement I was told by the jusge that it was a mute point and he wouldn't listen to me. (No, it wasn't CB related, but does show the legal 'establishment's attitudes.)
It is never as simple as it seems, it always takes an unreasonable amount of time, and most of the commonly available 'help' is usually no help at all. An individual seldom is able to do anything because of the cost. Larger companies can have 'tame' lawyers on call that do this sort of thing for a (very good) living. They can afford to utilize the 'holes' of legal terminology/wording to get away with almost anything they want. They can make the legal system 'work' for them.
There's a fairly simple way around all this, but I won't ever see it used in my life time, and I seriously doubt in yours. It's called common sense, or logic. It requires having a pair of 'brass' ones, to say, "This is how it's gonna be.". Doesn't matter if someone with a 'brass pair' sits on the bench or heads the department, they certainly won't be there long. I'm sure you can figure out why without me telling you, right?
Unfortunately, that's one of the 'bad' parts of this country's 'style'. Not good, but still better than anything else I've ever heard of, if that's any consolation.
So I can certainly understand why what's happening is happening the way it is. I don't agree with it, or like it. But all 'we' can do is make it 'work' for us as best we can.

That certainly felt good, I ought'a do that 'ranting' more often. Wouldn't change a thing, but it feels good, don't it?
- 'Doc


PS - That interference thingy in state court was the second 'step' in that little tale. First 'step' was in city court. Since I worked for the city, and since the complainer thought I had 'pull' because of that (yeah, right!), and since he dang near was cited for contempt when it was thrown out (federal preemption), it went to the second step. Whoop-ee!
 
Doc,

I hear you. But being put in that sort of situation would only ENRAGE me to the point that I would go after the local 2-digit IQ "law" types in the Federal courts where it belongs. Their "rulings" would be thrown out, and, yes, I would spend the money to show them just what a-holes they are, not to mention the FOOLS they are!!!!!!!!! This is what they are counting on: they are the "big, bad authorities", and 'boy-ah, y'all better do whut ah tell ya, ya heah?" Too many of these good ole boys wid the rolling belly down at de court house have empty fat heads to match their fat bellies!!!!!!!

CWM
 
13 The Office of General Counsel
(``OGC'') subsequently clarified that ARS transmitters
that ``have a built-in capability to operate on CB
frequencies and can easily be altered to activate that
capability, such as by moving or removing a jumper
plug or cutting a single wire'' are intended for use
in the CB frequencies as well as the amateur service
and fall within the definition of ``CB
transmitter.''

Under the fcc's own terms virtually every radio made by kenwood,icom or yaesu in the last 20 years is technically a cb transmitter,and not an ARS transmitter,maybe all the grasses should be pointing that minor indescretion out to the fcc,but then that would leave you with no radios to buy.

HYPOCRISY OR WHAT?

theres an old saying,"those in glass houses shouldn't throw stones".keep up the grassing and the fcc may just take interest in the big 3 as well,then everyone except those who build their own equipment is well and truly f@cked.I'm very sure if that happens those who have openly admitted to grassing to the fcc will find themselves very popular amongst their peers.
 
C W Morse,
I'll bet I know what 'enraged' felt like. And while it would have taken a 60 mile trip each way to go to federal court, I wouldn't have refused, if it had gotten that far. But at the point where it stopped, the Judge was right, it was a mute point.
It did turn out okay. I did the CYA thing and re-did all the grounds I had and they more than meet NEC now. You can't do better than that legally. Also found out what the 'complainer's problem was and solved it for him. (Made some 'points' there too. He's now a ham and is going to get a 'piece' of that sort of thing himself now. Don't you just love "I told you so!"s? :))
Oh well, if it ain't fer the ruff spots, how'ya know when 'ya got it good??
- 'Doc
 
Being a lawyer, I am curious as to what court this matter was filed in and what was the interference complaint?
 
jazzsinger,

i have tried to bring that very point up many times before.

the best answer anyone could give me was, "thats not what they meant."

you can tell the hammies dont want to touch that issue because they know that if ebay were to get a few complaints explaining things in that way; they would just stop selling amateur radios all together.

start a thread about it; i dare you. LOL
see what kind of responses you get.
LC
 

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