Interesting.  That was not the FCC interpretation during the 1970's.  Ah
well; you couldn't order a pizza on the local autopatch then, either.
Mike Freeman <[log in to unmask]>
Amateur Radio: K 7 U I J
... Go M's!!!!!
----- Original Message -----
From: "Richard Webb" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Sunday, June 10, 2001 5:55 AM
Subject: Re: operating procedures


> On 2001-06-10 [log in to unmask] said to [log in to unmask]
>    >I'm a bit confused here. Looking at the quote below, seems
>    >perfectly clear, that in a life-threatening situation, anything
>    >goes. So, wonder why this guy was threatened with confescation of
>    >his gear? --
>
> THe threat of confiscation was due to the fact that the fellow in
> question didn't have a mars/cap license but had a radio which would
> transmit outside the amateur bands.
>
> If you do legalese the "at his disposal" in the rules means amateur
> frequencies.  YOu can have the makings of a pipe bomb at your
> disposal, but if you were to make such a device you've broken the law
> in many places---most that I know of <grin>.
>
> Anybody who doubts this (here in the U.s. anyway) can sure ask the
> WAshington mailbox column people at QST or the FCC.  YOu'll get the
> same answer, then be asked what part of "at its disposal" you don't
> understand.
> I can transmit on my hf rig above 14.350 mhz for examle on 20 meters,
> but it's not allocated to the amateur service.  WEre I to transmit
> there even to summon aide in an emergency I've broken the law.  Same
> goes for 460.500 if my 70 centimeter radio will transmit there.  Your
> radio may have the facilities to transmit on other freqs than amateur
> service freqs, but they're not at your disposal.
>
> I remember a big debate on this topic in the fidonet ham echo a few
> years ago which spilled over to the fcc echo.  An fcc attorney helped
> set the matter straight in many minds with his posting on that echo.
>
> Another example:
>
> Within 50 feet of me sits a CHinese assault rifle, the SKS, their
> version of the ak47.  IT's fully functional.  It's grandfathered in
> from before the ban because my xyl and her former husband were
> collectors, registered with the Federal Government etc.
>
> Also nearby is a shotgun.  were I to brandish the shotgun to ward off
> an intruder I would be able to defend myself from any charges that
> might be brought.  However, were I to brandish the assault weapon,
> not just would I have chosen the wrong tool for the job, but I'd be
> breaking the law big time.  That weapon isn't supposed to be at
> anybody's disposal according to the law of the land these days.
> Having a clip in the magazine and a round in the chamber is definitely
> verbotten, and I don't point an unloaded weapon at anyone anytime!
>
> COnclusion:  It may be handy to me at my desk here, but it's not at my
> disposal.  It's a collector's piece only.  My shotgun is legal for
> hunting, and should I brandish it at the intruder and drive him off
> the cop would have little to say about it if it were brought to his
> attention.
>
> YOu have the right of free speech.  It's "at your disposal" however
> shouting fire in a crowded theater is not one of the things considered
> at your disposal, especially if there's no fire.
>
> THese bureaucrats over here take their legalese seriously, and failure
> to read it carefully can get a guy in a jam.
> I don't know how this is viewed in the united kingdom, but this isn't
> the U.K.  AS it says, your mileage (kilometrage) may vary <grin>.
>
> 73 de kb0ruu
>
>
>
>
>
> Richard Webb
>
> Electric Spider Productions
>
> If you put garbage in a computer nothing comes out but garbage.  But
> this garbage, having passed through a very expensive machine, is
> somehow enobled and none dare criticize it.
>
>
> "So she said it was either her or ham radio....OVER"
>