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Subject:
From:
JEFFREY MICHAEL KENYON <[log in to unmask]>
Reply To:
Blind-Hams For blind ham radio operators <[log in to unmask]>
Date:
Sun, 10 Jun 2001 13:13:12 -0400
Content-Type:
TEXT/PLAIN
Parts/Attachments:
TEXT/PLAIN (111 lines)
Well, to put it another way the FCC here tends to be more conservative
then the rest of the world when it comes to what is allowed and what is
not.





On Sun, 10 Jun 2001, Henry Brugsch wrote:

> Well, you are talking to an ex-pat yank.
> I am completely confused by all of this, no not really, but the vagueries,
> and complexeties of these laws virtually ensure that one needs either a
> degree in law, or at least a damned good understanding of the subject, plus
> an excellent grasp of symbolic, or otherwise logic.
> So, I can't even begin to contemplate what may happen over here.
> Much the same kind of thing, with the same kind of strangeness about the
> concept of having, and using.
> Remember, over here, a few months ago, a guy was defending himself against a
> wood-be attacker in the outer climbs of Norfolk, and got a life sentense for
> shooting his asailant in the back.
> --
> MAILTO:[log in to unmask]
> HTTP://LISTENTOHEAR.CO.UK
> g0gku/k1hbj
> ----- Original Message -----
> From: "Richard Webb" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Sunday, June 10, 2001 1:55 PM
> 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"
>

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