What States are Police Scanners Illegal?
Police scanners are devices that allow individuals to listen in on police, fire, and emergency services communication frequencies. While they were once a popular tool for staying informed about local emergency situations, the use and sale of police scanners has become increasingly restricted in the United States.
California: A Pioneering State
California was one of the first states to restrict the use of police scanners. In 1974, the state implemented a law that made it illegal to manufacture, distribute, or sell police scanning devices that could intercept wireless communications. California remains one of the most stringent states in terms of its laws regulating police scanners, with some restrictions even extending to personal property.
Constitutional Challenges
Many individuals and organizations have challenged these restrictions on the grounds of freedom of speech and other constitutional issues. Several court cases have ruled that the government’s restrictions on police scanners violate the First Amendment. However, these rulings have been upheld by higher courts, reinforcing the notion that the restriction on police scanners is reasonable and necessary.
List of States with Restrictions
While some states have largely unrestricted laws regarding police scanners, others have more lenient or more restrictive rules. Here is a list of states with various restrictions on police scanners:
| State | Law | Restriction |
|---|---|---|
| California | Senate Bill 1307 (1974) | Restrictions on manufacture, distribution, and sale |
| Alaska | AS 11.46.540 (2003) | Restrictions on use, possession, and sale |
| Arizona | A.R.S. 13-2008 (2003) | Restrictions on use, possession, and sale |
| Delaware | 11 Del. C. § 222(a) (2012) | Restrictions on use and possession |
| Hawaii | HRS 712A-1144 (1999) | Restrictions on use and possession |
| Idaho | I.C. § 18-2301 (2012) | Restrictions on use and possession |
| Maine | 17-A M.R.S. § 751 (2005) | Restrictions on use and possession |
| Maryland | MD Criminal Code Art. 14-203 (2009) | Restrictions on use, possession, and sale |
| Massachusetts | MGL c. 272 § 99 (2016) | Restrictions on use and possession |
| Mississippi | Miss. Code Ann. § 97-35-3 (1999) | Restrictions on use and possession |
| New Hampshire | RSA 640:9 (1999) | Restrictions on use and possession |
| New Jersey | N.J.S.A. 2C:35-34 (2014) | Restrictions on use, possession, and sale |
| New York | NY P.L. § 459.35 (2008) | Restrictions on use and possession |
| Pennsylvania | 18 Pa. C.S. § 5708 (2001) | Restrictions on use and possession |
| Utah | U.C.A. 1953, § 76-6-108 (2004) | Restrictions on use, possession, and sale |
Additional Considerations
While these states have varying restrictions on police scanners, there are additional factors to consider when using these devices:
- Federal laws: The federal Communication Act of 1934 and the Federal Communications Commission (FCC) regulates the use of radio spectrum, including police scanner frequencies.
- FCC guidelines: The FCC provides guidelines on the use of police scanners, including requirements for licensed users and restrictions on usage.
- Local ordinances: Many cities and counties have their own ordinances regulating police scanners, which may be stricter than state laws.
Conclusion
Police scanners were once a popular tool for staying informed about local emergencies, but the laws restricting their use have become increasingly stringent over the years. While some states have more lenient laws, others have stricter restrictions, and understanding these laws is crucial for individuals who own or want to use these devices.
