The Spy Shop Direct Mobile Scanner Law

299C.37 POLICE COMMUNICATION
EQUIPMENT; USE, SALE.
Subdivision 1. Use regulated. (a) No person other
than peace officers within the state,
the members of the State Patrol, and persons
who hold an amateur radio license issued by the
Federal Communications Commission, shall equip
any motor vehicle with any radio equipment
or combination of equipment, capable of receiving
any radio signal, message, or information from
any police emergency frequency, or install, use,
or possess the equipment in a motor vehicle
without permission from the superintendent of the
bureau upon a form prescribed by the
superintendent.

Radio equipment installed,used, or possessed as
permitted by this paragraph must be under the
direct control of the license holder whenever it is
used. A person who is designated in writing by
the chief law enforcement officer of a political
subdivision issued a permit under subdivision 3
may use and possess radio equipment while in
the course and scope of duties or employment
without also having to obtain an individual permit.

(b) Except as provided in paragraph (c), any
person who is convicted of a violation of this
subdivision shall, upon conviction for the first
offense, be guilty of a misdemeanor, and for the
second and subsequent offenses shall be guilty
of a gross misdemeanor.

(c) An amateur radio license holder who exercises
the privilege granted by paragraph (a)
shall carry the amateur radio license in the motor
vehicle at all times and shall present the license
to a peace officer on request. A violation of this
paragraph is a petty misdemeanor. A second or
subsequent violation is a misdemeanor.

Subd. 2.[Repealed, 1971 c 71 s 2]

Subd. 3. Permit. The superintendent of the
bureau shall, upon written application, issue
a written permit, which shall be nontransferable,
to a person, firm, political subdivision, or
corporation showing good cause to use radio
equipment capable of receiving a police
emergency frequency, as a necessity, in the
lawful pursuit of a business, trade, or occupation.

Subd. 4.[Repealed, 1983 c 293 s 115]

History: (9950-48) 1935 c 195 s 8; 1961 c 661 s
1; 1965 c 721 s 1; 1981 c 37 s 2; 1983 c
293 s 91; 1986 c 444; 1987 c 191 s 1; 2003 c 121
s 1,2

For many years The Statue also excluded any
amateur radio operator from exercising the privilege
if he or she has been convicted of a "crime of
violence," and 10 years haven't elapsed from the
date the sentence or supervision expired, whichever
was later. Because federal law doesn't provide for
exclusion of an amateur radio operator who's been
convicted of a crime, Minnesota's exclusion was
invalid. Amateur radio operators are licensed by the
Federal Communications Commission, obviously a
Federal agency, so Federal law preempts State law.
All states and the federal government impose severe
penalties if anybody uses a scanner during the
commission of any crime. This is as it should be. In
other words, if Jack robs a grocery store, and he is
listening to a scanner in an effort to evade the
police, he's facing greater punishment than if he had
no scanner while committing the robbery. Typically,
an enhanced prison term is the sanction.

It's important to know that some states have no
regulations concerning mobile scanners and other
radios capable of monitoring public safety
frequencies. Check with your state authorities to
make sure you know if scanners/other capable
radios are allowed in your vehicle. In all states a
licensed amateur radio operator may have the
radios and may use them as they see fit.

Keep in mind too, if you're traveling from state to
state, make certain you know the law for each state
you are traveling through. If a particular state
prohibits persons other than licensed amateur radio
operators, law enforcement personnel and persons
who hold valid permits from having such radios, put
your scanner in the trunk of your car until you get to
a state that does allow scanners. If it's in the trunk
it's considered inaccessible, and you're not
breaking the law. Don't get sneaky, however, and
attach an extension speaker to the scanner when
it's in the trunk. In the eyes of the law (and also the
eyes of common-sense) that is no different than if
you had the scanner next to you in the passenger
area of the vehicle. Little Johnny having a scanner
in the back seat is just as illegal in the states with the
prohibition.

We're sharing this information because we get
asked almost daily if it's okay to have a radio
capable of tuning to the public frequencies in one's
car. We sell mobile scanner antennas because
some of our customers are from bordering states
that allow scanners in vehicles. We won't refuse to
sell a mobile antenna to a Minnesota resident, but all
customers - regardless of your state of residency -
must sign a waiver stating that you've been
informed of Minnesota's prohibition. This protects
us in the event you're illegally using a scanner in
your vehicle.

Minnesota BCA has amended their page click here

THE SPY SHOP
DIRECT

"Keeping An Electronic
Eye On The World"

Our Business Hours

9:00am - 5:30pm
Monday - Friday

9:00am - Noon
Saturday
Central Time Zone

Closed Sunday

Phone

507-289-2560

Ext. 601 - Sales
Ext. 608 - Fax Mach

Mailing Address

838 S Broadway
Rochester MN
55904

Located In The
Soldier Field Plaza
9th St SE
At S. Broadway

299C.37, Minnesota Statutes 2006
Copyright © 2006 by the Office of Revisor of
Statutes, State of Minnesota.