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"