TN Scanner Law - HB2506 / SB2545

This page is authored by Scott Duckworth, NA4IT, and presented with permission of the MCARC.

This is important info every ham operating in TN should be aware of.

The Tennessee Legislature (House and Senate) have both proposed bills that deal with the following in regards to scanner useage:

"Criminal Offenses - As introduced, creates new criminal offenses prohibiting felon from possessing a radio capable of receiving emergency voice transmissions; a person possessing such a radio during commission of crime; and person using information from radio to facilitate felony or interfere with emergency transmissions. - Amends TCA Title 39, Chapter 13, Part 6."

Some of the aspects of these bills are:

This bill creates various new criminal offenses concerning the possession of certain radios. The radios applies to radios that are capable of receiving a wireless voice transmission on any frequency allocated by the federal communications commission for police or other law enforcement, fire fighting, emergency medical, federal, state, local corrections or homeland security purposes, or that are capable of transmitting and receiving a wireless voice transmission. Under this bill, it will be an offense for:

(1) Any person who is not licensed by the FCC as an amateur radio operator and who has one or more prior felony convictions within the previous five years to knowingly carry or possess a radio;
(2) Any person to knowingly carry or possess a radio during the commission or attempted commission of a crime, or the escape from the commission or attempted commission of a crime;
(3) Any person to knowingly intercept any message or transmission made on or over any device used for police or other law enforcement, fire fighting, emergency medical, federal, state, local corrections or homeland security purposes, if the information intercepted is used to commit or facilitate the commission of, or attempt to commit, a crime, or the escape there from or in a manner that interferes with the discharge of police or other law enforcement, fire fighting, emergency medical, federal, state, local corrections or homeland security duties.

This bill does not apply to the use of radar detectors.

The House version of this bill has passed vote. The Senate version is to be voted on. It is expected these bills WILL become law.

There are protections in both bills reagrding amateur radio operation.

All amateur radio operators are required to be able to produce their FCC amateur radio license when asked. There is a wallet card included with every hard copy license. This should be on your person at all times.

I also suggest that once the above mentioned law is enacted, that you keep a copy in the glove box of each vehicle you operate that has an amateur radio installed.
Many amateurs in other states have found themselves facing charges by an uninformed officer of the law, when in fact they were operating legally.

More information can be found at http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB2506.

de NA4IT