nessman wrote:
b.) are capable of receiveing police frequencies installed in a motor vehicle unless you're a hamsexual or a cop.
Even those exemptions are limited thanks to the muddy language put in this law by our state legislature.
The ham exemption applies only to a receiver used in connection with "a duly licensed portable mobile transmitter".
The peace officer exemption requires "acting pursuant to his special duties" so it can be argued that it applies only if the officer is on duty or in a location where he has arrest powers under the Criminal Procedure Law. If he is on vacation out of his jurisdiction he possibly could be arrested by a local cop.
The law requires only that the radio is capable of receiving ANY "frequency allocated for police use". It is irrelevant that the local police may be on a different frequency band.
The precedent that "equipped" means only that the radio is inside the vehicle and potentially capable of police frequency reception came from a 1974 case in Suffolk County, People vs Verdino.
There have been periodic attempts to amend the law for about 20 years to clean up the wording and provide an exemption for firefighters and EMTs but it always has died in committee.
The provision for local govenments to issue permits is generally moot since few have established a procedure for such permits or are willing to do so.